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HomeMy WebLinkAbout6-6-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA -EAC-.
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR ROBERT M. "BOBBY"DYER,At Large 4G�t.11A4C
VICE MAYOR ROSEMARY WILSON—District S J� .---..,, 'S!
MICHAEL F.BERLUCCHI—District 3 p :�' `- G
BARBARA M.HENLEY—District 2 _L
N.D. "ROCKY"HOLCOMB—District 1
ROBERT W. "WORTH"REMICK—District 6 U• ` •
DR.AMELIA N.ROSS-HAMMOND—District 4 =
s' ; ,:
JENNIFER ROUSE—District 10 '** .t°
JOASHUA F. "JOASH"SCHULMAN—District 9 °o• r�oo
CHRIS TAYLOR—District 8
SABRINA D. WOO TEN—District 7
CITY HALL BUILDING 1
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER-PATRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456
CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303
CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669
CITY AUDITOR-LYNDONS.REMIAS June 6,2023 EMAIL:CITYCOUNCIL@VBGOV.COM
CITY CLERK-AMANDA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM
A. VICTUS STUDY UPDATE
Taylor V. Adams, Deputy City Manager
B. ACTION SPORTS SERIES 1:30 PM
Taylor V. Adams, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS 2:00 PM
III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 PM
IV. CITY COUNCIL AGENDA REVIEW 3:15 PM
V. INFORMAL SESSION - Conference Room- 3:30 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION Pastor Tony Wudski -Kempsville Church of God
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL and FORMAL SESSIONS May 16, 2023
2. SPECIAL FORMAL SESSION May 23, 2023
H. MAYOR'S PRESENTATIONS
1. CHRISTINE MANN DARDEN AWARD
Presented by Celeste Murphy Greene, Ph.D., MPA, Executive Director
Center for Environmental Justice and Resilience
2. RESOLUTION IN RECOGNITION
Taylor V. Adams
3. RESOLUTION IN RECOGNITION
Joe Burnsworth
I. PUBLIC HEARING
1. LEASE OF CITY PROPERTY - COMMUNICATION TOWER
10,340 Square feet with access and utility easement at southeast perimeter of
Stumpy Lake Golf Course
J. FORMAL SESSION AGENDA
1. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND the FY2023-24 Annual Appropriation Ordinance, Sections 17 and 18, re
employee salary increase
2. Resolution to APPROVE the Modification of a Construction contract re Providence Road
Sidewalk Improvements
3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum
of Agreement (MOA) re continue the Hampton Roads Regional Stormwater Management
Program between the City and Hampton Roads Planning District Commission(HRPDC)
4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
along the 83rd Street beach access, 15' into the Coastal Sand Dunes re construct and maintain
long beam welded to a steel pole and chrome painted fiberglass dolphin DISTRICT 6
RECOMMENDATION: DENIAL
5. Ordinance to AUTHORIZE temporary encroachments into a 5' City Utility and Drainage
Easement adjacent to 2205 Admiral Circle re construct and maintain a vinyl bulkhead and
wood wharf DISTRICT 8
6. Ordinance to AUTHORIZE the City Manager to EXECUTE Memorandums of Understanding
(MOU) with the Virginia Department of Historic Resources and Asbury Christian Fellowship
Church Inc.; ACCEPT and APPROPRIATE $25,000 from Virginia Department of Historic
Resources to the FY 2022-23 Consolidated Grant Fund Operating Budget re restoration
activities at Pleasant Ridge School at 1392 Princess Anne Road
7. Ordinance to ACCEPT and APPROPRIATE $1,919,161 from Virginia Office of Children's
Services to the FY 2022-23 Human Services Operating Budget and TRANSFER $695,569
within the Human Services Department for required local match re Children's Services Act
Program
8. Ordinance to ACCEPT and APPROPRIATE $33,760 from the Virginia Department of Social
Services to the FY 2022-23 Human Services Operating Budget and AUTHORIZE $8,440 local
match from available funds within the Human Services Department re support the Companion
Services Program
9. Ordinance to ACCEPT and APPROPRIATE $3,100 from Virginia Department of Behavioral
Health and Development Services to the FY 2022-23 Human Services Operating Budget re
substance abuse prevention and treatment
L. PLANNING
1. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a
Conditional Rezoning re amend the design and development guidelines at the parcels between
2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne
Road and Tournament Drive DISTRICT 2 Approved December 13, 2016 (Deferred from April
4, 2023)
RECOMMENDATION: APPROVAL
2. WHITT G. SESSOMS, III & TERESA E. SESSOMS for a Change in Nonconformity re
expansion of dwelling at 109 43rd Street DISTRICT 6
RECOMMENDATION: APPROVAL
3. COMMONWEALTH AUTO GROUP, INC / BAYSIDE PROPERTIES, LLC for
Modification of Conditions to a Conditional Use Permit re motor vehicle sales & rentals at
4873 Haygood Road DISTRICT 9
RECOMMENDATION: APPROVAL
4. GIGGLEMUG MARKET,LLC/ST.FRANCIS EPISCOPAL CHURCH for a Conditional
Use Permit re open air market at 509 South Rosemont Road DISTRICT 3
RECOMMENDATION: APPROVAL
5. KELLY PEPPER/KELLY& DAVID PEPPER for a Conditional Use Permit re family day-
care home at 2132 Teasdale Drive DISTRICT 5
RECOMMENDATION: APPROVAL
6. NANCY G. BRAITHWAITE for a Conditional Use Permit re bulk storage yard at 520
Oceana Boulevard DISTRICT 6
RECOMMENDATION: APPROVAL
7. Ordinances to ADD Article 24 to the City Zoning Ordinance (CZO) and AMEND City Zoning
Ordinance (CZO) Section 102 re establish the Pembroke SGA Overlay District-Western
Campus
RECOMMENDATION: APPROVAL
8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 202 re flood zone height
requirements
RECOMMENDATION: APPROVAL
9. Ordinance to AMEND the Virginia Beach Comprehensive Plan 2016 re incorporate Flood
Resiliency Toolkit and Commercial Area Pattern Book
RECOMMENDATION: APPROVAL
M. APPOINTMENTS
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
GREEN RIBBON COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
TIDEWATER COMMUNITY COLLEGE BOARD
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
***********************
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
**********************************
***********************************
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*************************
The Agenda(including all backup documents) is available at
https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs
Document Archive. If you would like to receive by email a list of the agenda items for each
Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303.
Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to
participate virtually, must follow the two-step process provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/weblink/register/r893ec02f2bb3f18f3f09dc0e9b0e0819
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
June 6, 2023.
I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM
A. VICTUS STUDY UPDATE
Taylor V. Adams, Deputy City Manager
B. ACTION SPORTS SERIES 1:30 PM
Taylor V. Adams, Deputy City Manager
II. CITY COUNCIL LIAISON REPORTS 2:00 PM
III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 2:30 PM
IV. CITY COUNCIL AGENDA REVIEW 3:15 PM
V. INFORMAL SESSION - Conference Room- 3:30 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer
B. INVOCATION Pastor Tony Wudski -Kempsville Church of God
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL and FORMAL SESSIONS May 16, 2023
2. SPECIAL FORMAL SESSION May 23, 2023
H. MAYOR'S PRESENTATIONS
1. CHRISTINE MANN DARDEN AWARD
Presented by Celeste Murphy Greene, Ph.D., MPA, Executive Director
Center for Environmental Justice and Resilience
2. RESOLUTION IN RECOGNITION
Taylor V. Adams
3. RESOLUTION IN RECOGNITION
Joe Burnsworth
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RESOLUTION
WHEREAS:Joe Burnsworth served as an educator in Virginia Beach City Public Schools for forty years.During that period,he was
a classroom teacher,program director,assistant superintendent,and building level principal;and
WHEREAS:Joe served on the Planning Committee for the International Baccalaureate Programme at Princess Anne High School,
the Coordinator for Secondary Gifted Programs, and on the Planning Committee for the Math and Science Program at Ocean Lakes
High School and Kemps Landing Magnet School;and
WHEREAS:During Joe's tenure at Princess Anne High School he taught Theater Arts and had the only full-length play ever selected
from Virginia Beach to be performed at the International Thespian Festival. Joe continued to support the arts by serving the
Educational Theatre Association as the State Director, Territorial Director, Executive Regional Director, International Board of
Trustees,and International President;and
WHEREAS:Throughout Joe's career his work focused on creating opportunities for students including designing the move to school-
wide implementation of the International Baccalaureate Programme which provides access to this rigorous curriculum to all students
at Plaza Middle School.Joe initiated and planned the change from one-day a week to full time programming at Old Donation School
for gifted students in grades two through five, and as a member of the Green Run Collegiate Governing Board he helped charter the
Green Run Collegiate Foundation and served as the first president of the organization;and
WHEREAS: While serving as Assistant Superintendent of Curriculum and Instruction Joe wrote and presented the proposal for
Green Run Collegiate, the first public charter school approved by the Virginia Board of Education and Virginia Beach City Public
Schools. Green Run Collegiate remains the only IB high school in the Commonwealth to host all three programme options, IB
Diploma, Career Related Certificate, and IB course, to their students. In addition to his work at Green Run Collegiate School he
established the workforce readiness partnership between Green Run Collegiate and Centura College, Sentara Healthcare and Truist
Financial,creating career awareness and internship opportunities;and
WHEREAS:Joe Chaired the Bright Futures Gala for five years which strived to ensure access to portions of the IB programme for
all Green Run Collegiate students regardless of socio-economic background including full payment for IB Exams, Career
Certification Assessments,enrichment activities,and the Summer Bridge Program;and
WHEREAS:Aside from his contributions to our schools,Joe was an active member of the Virginia Beach Human Rights Commission
from 2019-2023. As a member,Joe worked to blend his passion for education with that of advocating for young people who are so
often marginalized including LGBTQ+ and trans youth, young people of color and those who come from low-socio economic
backgrounds in order to help protect their rights as citizens in our community;and
WHEREAS:Joe Chaired the 2022 Human Rights Commission Awards Ceremony. Then, in 2023,Joe revised and modernized the
Human Right Commission By-Laws in the form of Policy and Procedures to provide more flexibility, clearer processes, and to better
align with city policy,procedures,and expectations;and
WHEREAS: On this day, we honor an educator and a volunteer who deserves our deepest gratitude and respect for all that he has
accomplished and for his efforts to empower our citizens to reach their fullest potential through access,equity,and opportunity.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to express its
appreciation to Joe Burnsworth for his outstanding and long-lasting commitment to our Schools and to our City.
Adopted by the Council of the City of Virginia Beach, Virginia the 6th day of June 2023 and present this Resolution duly signed by
each Member of the Virginia Beach City Council.
6611
&iG 61. O `_` IC k 1/4l 1 Council /
Member
Michael F.Berlucchi Council Member Barbara M. enley Council Member N.D. ' oc "Holcomb
TOt 4.4))\I. 17)3"
Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond ncil ember Jennifer Rouse
Counci Member Joashua . "Joash"Schulman Council Mem r Chris Taylor ouncil em er Sabrina D. Wooten
Vice Mayor R m ry i son Mayor Robert . "Bo by" yer
I. PUBLIC HEARING
1. LEASE OF CITY PROPERTY - COMMUNICATION TOWER
10,340 Square feet with access and utility easement at southeast perimeter of
Stumpy Lake Golf Course
• "
1 !
NOTICE OF PUBLIC HEARING
LEASE OF CITY PROPERTY
On June 6,2023,at 6:00 p.m.,in the
Council Chamber of the City Hall
Building 1, 2401 Courthouse Dr.,
Virginia Beach,Virginia,the Virginia
Beach City Council will hold a public
hearing.The purpose of this hearing
will be to obtain public comment
regarding a proposed communication
tower lease agreement with Crown
Castle GT Company LLC for:
10,340 square feet,together with
an access and utility easement
appurtenant thereto, located at
the southeast perimeter of the
Stumpy Lake Golf Course, in the
City of Chesapeake, Virginia
(GPI N:2412-20-9656)
Any questions concerning this matter
should be directed to the Department
of Public Works,Real Estate at(757)
385-8558.
If you are physically disabled or
visually impaired and need
assistance at this meeting, please
call the CITY CLERK'S OFFICE at 757-
385-4303: Hearing impaired, call
TDD 711(TDD-Telephone Device for
the Deaf).
If you wish to make comments
virtually during the public hearing,
please follow the two-step process
provided below:
1. Register for the WebEx at
nttos://vbgov.webex.comlwe
DI i n k/register/r893ec02f2bb
3f18f3f09dcOe9b0e0819
2. Register with the City Clerk's
Office by calling 757-385-
4303 prior to 5:00 p.m. on
June 6,2023.
All interested parties are invited to
participate.
Amanda Barnes,MMC
City Clerk
BEACON:MAY 28,2023
CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Authorize the City Manager to Execute a Communication
Tower Lease Agreement for City-Owned Property Located at the Southeast
Perimeter of the Stumpy Lake Golf Course with Crown Castle GT Company,
LLC to Install, Maintain and Operate Facilities for Providing Wireless
Telecommunications Services
PUBLIC HEARING: June 6, 2023
MEETING DATE: June 20, 2023
• Background: On January 14, 2003, the City and Crown Castle GT Company,
LLC ("Crown Castle") entered into a lease agreement ("Original Lease") for a parcel of
land containing 10,340 square feet, together with an access and utility easement
appurtenant thereto, located at the southeast perimeter of the Stumpy Lake Golf Course
in Chesapeake, Virginia ("Premises"). The purpose of the Original Lease was to
authorize Crown Castle to construct a building and a communications tower upon the
Premises to conduct cellular radio telephone and other telecommunications operations.
The Original Lease expired on January 13, 2023. The City desires to execute a
new lease agreement with Crown Castle to authorize the continued use of the
communications tower and ground facilities on the Premises, and to authorize Crown
Castle to continue to sublease or license space on the Premises to third parties upon
payment of a fee to the City. Crown Castle is current on its rent payments to the City.
• Considerations: The proposed new lease is for the same 10,340 square foot
Premises on which the communications tower, utility easement, accessory structures
and equipment are currently located. The proposed new lease will grant Crown Castle
the continued right of ingress and egress to access the Premises. The proposed new
lease is for a term of ten (10) years and contains four (4) additional renewal periods of
five (5) years each, upon the mutual agreement of the parties. Crown Castle currently
has an anchor tenant and one additional subtenant. The first-year rent in the proposed
new lease is $30,182.64, plus an additional $12,000 per year for the subtenant, with an
annual escalation of 4%. The new lease also provides that the City will be paid $21,600
per year for each future subtenant, subject to the annual escalation set forth above.
• Public Information: A solicitation for bids was advertised on June 4, 2023 and
on June 11, 2023, as required by Virginia Code §15.2-2101 . The bid opening is
scheduled for June 20, 2023.
A public hearing was advertised on May 28, 2023, as required by Virginia Code §15.2-
1800, with public notice via the normal City Council agenda process. The public hearing
will be held on June 6, 2023.
• Recommendations: Approval
• Attachments: Ordinance, Summary of Terms, Disclosure Statement Form
Recommended Action: Adoption
Submitting Department: Public Works1yc
City Manager: ,irp
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
2 EXECUTE A COMMUNICATION TOWER LEASE AGREEMENT FOR
3 CITY-OWNED PROPERTY LOCATED AT THE SOUTHEAST
4 PERIMETER OF THE STUMPY LAKE GOLF COURSE WITH
5 CROWN CASTLE GT COMPANY, LLC TO INSTALL, MAINTAIN AND
6 OPERATE FACILITIES FOR PROVIDING WIRELESS
7 TELECOMMUNICATIONS SERVICES
8
9 WHEREAS, the City of Virginia Beach ("City") is the owner of certain property
10 located at the southeast perimeter of the Stumpy Lake Golf Course, in Chesapeake,
11 Virginia, containing ten thousand three hundred forty(10,340)square feet(GPIN: 2412-20-
12 9656) ("Property"); and
13
14 WHEREAS, Crown Castle GT Company, LLC ("Crown Castle") is a Delaware limited
15 liability company that currently utilizes a communications tower and ground facilities located
16 on the Property; and
17
18 WHEREAS, Crown Castle desires to enter into a new lease with the City for
19 continued use of the Property, together with easements for the right of ingress and egress
20 to access the Property, for the installation, maintenance and replacement of necessary
21 equipment associated with wireless facilities; and
22
23 WHEREAS, the City's lease of the Property will allow Crown Castle to continue its
24 operation of certain facilities for the purpose of providing wireless telecommunications
25 services to the general public.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Manager is hereby authorized to execute a communication tower lease
31 agreement with Crown Castle with for a term of ten (10) years, with four (4) optional
32 renewal periods of five (5)years each upon mutual agreement of the parties, in accordance
33 with the Summary of Terms, and such other terms, conditions or modifications as may be
34 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
37 , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ubli Wo s CityAttorney's Offic
it--„ctvg
Y
CA16172
R-1
May 22, 2023
SUMMARY OF TERMS
Tower Lease Agreement for Crown Castle GT Company LLC
Premises: Off Indian River Road in the Pungo Borough, containing ten thousand
(10,340) square feet(GPIN: 2412-20-9656), together with the right of
ingress and egress necessary to access the site.
Lessee: Crown Castle GT Company LLC ("Crown Castle")
Purpose: The proposed new lease will authorize Crown Castle to continue to
utilize the communications tower, utility easement, accessory
structures and equipment currently located on the Premises.
Term: Initial ten (10) year term. Upon the mutual agreement of the parties,
lease may be renewed for up to four (4) additional periods of five (5)
years each.
Rent: The first-year rent is $30,182.64, plus an additional $12,000 for the
subtenant, with an annual escalation of 4%. Additionally, the City will
be paid $21,600 per year for each future subtenant, subject to the
annual escalation.
Surety: Lessee will post $10,000 surety bond for removal of facilities.
Insurance: Lessee must maintain comprehensive commercial general liability
insurance in the amount of $1,000,000, in addition to other liability
insurances required by Risk Management.
Termination: Lease may be terminated upon sixty (60) days' written notice to the
other party for reasons as stated in the lease.
Other: Lessee required to remove facilities and restore site to original
condition upon expiration or termination of lease.
City of
Virginia Beach
APPLICANT'S NAME Crown Castle GT Company LLC
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance, Special Investment Program
Exception for (EDIP) Changes
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Flood plain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board _
Conditional Use Permit License Agreement Wetlands Board
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
SECTION 1 / APPLICANT DISCLOSURE
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 5
Planning Commission and City Council meeting that pertains to the application(s).
• APPLICANT NOTIFIED OF HEARING DATE
▪ NO CHANGES AS OF DATE.
0 REVISIONS SUBMITTED DATE.
City aJ
Virginia Beach
❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business,
or other unincorporated organization.
® Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name: Crown Castle GT Company LLC
If an LLC, list all member's names:
Crown Castle GT Holding Sub LLC (Sole Member)
If a CORPORATION, list the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
Parent Company:Crown Castle GT Holding Sub LLC(100%Ownership Interest)1
*Please see the attached list of affiliated business entities2
See next page for information pertaining to footnotes and 2
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
[l Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN, complete the
following.
(A) List the Property Owner's name:
If an LLC, list the member's
Page 2 of 5
\fil3
Virginia Beach
names:
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
"Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or
indirectly owns shares possessing more than 50 percent of the voting power of another corporation."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
2"Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship,
that exists when (i) one business entity has a controlling ownership interest in the other business entity,
(ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii) there is shared
management or control between the business entities. Factors that should be considered in determining
the existence of an affiliated business entity relationship include that the same person or substantially
the same person own or manage the two entities; there are common or commingled funds or assets; the
business entities share the use of the same offices or employees or otherwise share activities, resources
or personnel on a regular basis; or there is otherwise a close working relationship between the entities."
See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101.
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business operating or to be operated on the Property. If the answer to
any item is YES, please identify the firm or individual providing the service: IF THE OWNER
AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY
Page 3 of 5
Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
needed)
® Accounting and/or preparer of
your tax return
❑ ❑ Architect/ Landscape Architect /
Land Planner
Contract Purchaser (if other than
❑ ] the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed
❑ © purchaser of the subject property
(identify purchaser(s) and
purchaser's service providers)
❑ ® Construction Contractors
❑ ] Engineers / Surveyors/ Agents
Financing (include current
❑ ❑ mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
❑ 0 Legal Services
Real Estate Brokers /
❑ ® Agents/Realtors for current and
anticipated future sales of the
subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
❑ ® an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest?
To the best of our knowledge, Crown does not know of an official or employee with an interest in
the subject land or any proposed development.
Page 4 of 5
fi _r
, , ,fi3
Virginia Beach
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been scheduled
for public hearing, I am responsible for updating the information provided herein
two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting
of any public body or committee in connection with this Application.
�- -�- 4. Lisa A. Sedgwick 5/23/2023
APPLICANT'S SIGNATURE PRINT NAME DATE
PROPERTY OWNER'S SIGNATURE PRINT NAME DATE
Page 5 of 5
Applicant: Crown Castle GT Company LLC
*(B) List of Affiliated Business Entities2
o Crown Communication LLC
o Crown Castle South LLC
o Crown Castle Towers 05 LLC
o Crown Castle PR LLC
o Crown Castle MU LLC
o Crown Castle MUPA LLC
o Crown Atlantic Company LLC
J. FORMAL SESSION AGENDA
1. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND the FY2023-24 Annual Appropriation Ordinance, Sections 17 and 18,re
employee salary increase
2. Resolution to APPROVE the Modification of a Construction contract re Providence Road
Sidewalk Improvements
3. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE the Memorandum
of Agreement (MOA) re continue the Hampton Roads Regional Stormwater Management
Program between the City and Hampton Roads Planning District Commission(HRPDC)
4. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property
along the 83rd Street beach access, 15' into the Coastal Sand Dunes re construct and maintain
long beam welded to a steel pole and chrome painted fiberglass dolphin DISTRICT 6
RECOMMENDATION: DENIAL
5. Ordinance to AUTHORIZE temporary encroachments into a 5' City Utility and Drainage
Easement adjacent to 2205 Admiral Circle re construct and maintain a vinyl bulkhead and
wood wharf DISTRICT 8
6. Ordinance to AUTHORIZE the City Manager to EXECUTE Memorandums of Understanding
(MOU) with the Virginia Department of Historic Resources and Asbury Christian Fellowship
Church Inc.; ACCEPT and APPROPRIATE $25,000 from Virginia Department of Historic
Resources to the FY 2022-23 Consolidated Grant Fund Operating Budget re restoration
activities at Pleasant Ridge School at 1392 Princess Anne Road
7. Ordinance to ACCEPT and APPROPRIATE $1,919,161 from Virginia Office of Children's
Services to the FY 2022-23 Human Services Operating Budget and TRANSFER $695,569
within the Human Services Department for required local match re Children's Services Act
Program
8. Ordinance to ACCEPT and APPROPRIATE $33,760 from the Virginia Department of Social
Services to the FY 2022-23 Human Services Operating Budget and AUTHORIZE $8,440 local
match from available funds within the Human Services Department re support the Companion
Services Program
9. Ordinance to ACCEPT and APPROPRIATE $3,100 from Virginia Department of Behavioral
Health and Development Services to the FY 2022-23 Human Services Operating Budget re
substance abuse prevention and treatment
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Amend the Ordinance Making Appropriations for Fiscal Year
Beginning July 1 , 2023 and Ending June 30, 2024 for Operations
MEETING DATE: June 6, 2023
• Background: The City Council adopted the FY2023-2024 Annual Appropriation
Ordinance on May 9, 2023. This ordinance included a salary increase for all full and part-
time employees in the amount of 5%. As presented in the May 9th approval, the salary
increase was to be split between a step or merit increase of 3% and a general increase of
2%. On May 23, 2023, the City Manager presented a plan to the City Council that would
implement the 5% salary increase for non-sworn employees through an adjustment to the
pay plan classifications by an increase of one pay range. The City Manager's proposal
will allow the City to address compression at the lower pay grades and allow the City to
be competitive regionally for other positions.
• Considerations: The City Manager's adjustment to the previously approved
salary increases does not change the funding requirements for fiscal year 2023-2024.
The attached ordinance amends the Annual Appropriation Ordinance to allow the
implementation of the proposed adjustments to the pay plan as the manner of providing
the 5% salary increase for non-sworn employees. The ordinance also clarifies that the
City remains committed to the step plan that was included in the fiscal year 2022-2023
budget.
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Recommendations: Approve the attached ordinance.
• Attachments: Ordinance; May 19, 2023 Memo to City Council
Recommended Action: Approval
Submitting Department/Agency: Human Resources/Budget and Management Services
City Manager: ew
1 AN ORDINANCE TO AMEND THE ORDINANCE
2 MAKING APPROPRIATIONS FOR FISCAL YEAR
3 BEGINNING JULY 1, 2023 AND ENDING JUNE 30,
4 2024 FOR OPERATIONS
5
6 WHEREAS, the City Council adopted the FY2023-2024 Annual Appropriation
7 Ordinance on May 9, 2023;
8
9 WHEREAS, the City Manager presented a plan to the City Council on May 23,
10 2023, that would implement the 5% salary increase for non-sworn employees through an
11 adjustment to the pay plan classifications by an increase of one pay range;
12
13 WHEREAS, the City Manager's proposal will allow the City to address
14 compression at the lower pay grades and will allow the City to be competitive regionally
15 for other positions;
16
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT:
19
20 1. The City Council hereby amends the FY2023-2024 Annual Appropriation
21 Ordinance sections 17 and 18 to read as follows:
22
23 Sec. 17. A salary increase totaling 5% on the pay date containing July 1, 2023 is
24 hereby provided to both part-time and full-time City employees. Salary increases for
25 full-time City sworn employees on a step plan are to receive a 2% general increase
26 and a 3% step increase. °
27 ° Non-sworn employees are to receive the 5% salary
28 increase through an adjustment to the pay plan classifications by an increase of one
29 pay range. Notwithstanding the preceding sentence, the step plan implemented in the
30 FY2022-2023 fiscal year for certain non-sworn employees shall remain in place.
31
32 Sec. 18. A salary increase totaling 5% on the pay date containing July 1, 2023 is
33 hereby provided to both part-time and full-time appointees within Constitutional
34 Offices. Salary increases for full-time sworn appointees on a step plan are to receive
35 a 2% general increase and a 3% step increase.
36 ° ° Non-sworn appointees
37 are to receive the 5% salary increase through an adjustment to the pay plan
38 classifications by an increase of one pay range. Notwithstanding the preceding
39 sentence, the step plan implemented in the FY2022-2023 fiscal year for certain non-
40 sworn appointees shall remain in place.
41
42 2. Section 20 of the FY2023-2024 Annual Appropriation Ordinance regarding the
43 performance evaluations needed for merit increases is hereby repealed.
44
45 3. This ordinance shall be effective July 1, 2023.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
day of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO CONTENT:
�1
I ,
B dget and Management Services uman Resources
APPROVED AS TO LEGAL SUFFICIENCY:
O of t e City Attorney
CA16177
R-1
May 23, 2023
' ) City Council
,d._,t' Staff Report
\'''',..1
Subject: Proposed Adjustment to FY 2023-24 Employee Pay Increase
Author: Patrick A. Duhaney, City Manager /.;1
Departments: City Manager's Office (CMO), Human Resources (HR)
Date: May 19, 2023
Type of Item: Informational
Summary
At your May 23 City Council Workshop, FIR staff intends to brief City Council on a proposal to
adjust how the 5%pay increase approved in recently adopted FY 2023-24 is delivered to non-sworn
employees.
The FY 2023-24 budget provides all employees with a 5%pay increase, delivered via a 2%general
increase and a one-step merit increase(3%). For employees on the non-sworn pay plans,HR staff is
recommending an alternative approach involving adjusting pay ranges by one range that will
continue to provide a 5%pay increase for each employee as well as minimize some compression
issues and address market factors impacting the City's competitiveness. This alternative approach is
budget neutral in that it does not increase the FY 2023-24 budget,but it does increase employee
earning potential over time. City Council approval is needed to make this change and staff intends to
seek Council's concurrence to bring legislation forward at your first voting meeting in June to
approve the alternative approach.
Please note that staff is not planning to apply this alternative approach to sworn public safety.
Generally,with the recent pay enhancements approved by City Council for sworn public safety
personnel,we find that Virginia Beach's sworn public safety pay ranges remains competitive in
comparison to other cities that we compete with for sworn public safety talent.
Background
In FY 2022-23, City Council approved the implementation of a market salary survey, step plan, and
$15 minimum hourly wage for all City employees. The investment in our pay system provided an
average 5%pay increase for employees and established a minimum sworn public safety officer salary
of$51,000. Employees overwhelmingly supported and appreciated City Council's investment in
their compensation. This played a key role in reducing the City's vacancy rates.
In FY 2023-24, City Council approved another 5%pay increase,with an understanding that it
would be delivered as a 2%general increase(COLA)and a one step, or 3%, merit increase. These
actions would adjust each step on each range by 2%, then employees would advance one step
forward. Employees on the open range would receive a 2% increase to their base pay(also adjusting
the minimum and maximum of the pay range by 2%)and a merit increase equal to 3%of their pay
range midpoint.
Alternatively, City staff recommend that the FY 2023-24 pay increase be delivered to non-sworn
employees as a one range adjustment within the pay structure, essentially reclassifying each position
City Council Staff Report
Proposed Adjustment to FY 2023-24 Employee Pay Increase
May 19, 2023
to one pay range higher than the current range. Sworn positions will still receive a 2%general
increase and one step adjustment. Both methodologies deliver a 5%increase;however,the
movement of non-sworn positions to higher pay ranges will help mitigate compression and improve
the City's competitiveness in the market for many hard to fill positions.
Considerations
The CMO and HR have discussed this approach with multiple directors,the public safety Chiefs,
employee association representatives, and the Member Advisory Committee to determine if there
would be any concerns with this approach. The responses were favorable and most recognized the
need to be more competitive in the market and to establish Step 1 of our lowest grade close to
$15/hour(to mitigate future compression). However, the CMO and HR acknowledge there may be
some employees that without proper context may initially view this unfavorably as the City forgoing
the annual step adjustment. As such, if approved by City Council,HR staff will work with the
Department of Communications on a robust communication plan to clarify that non-sworn
employees are still receiving their 5%while enhancing their salary range.Additionally,although the
budget implications for FY2023-24 remain the same regardless of how the 5%is delivered, adjusting
the classifications by one pay range does increase employee earning potential over time as the pay
range maximum for each classification is extended by 5%as well.
Should you have any additional questions or concerns, please contact Acting Co-Director of Human
Resources,Monica Kopin at mkopin+'a:vbgov.com or(757)385-1361.
Page 2 of 2
Non-Exempt Employees Exempt Employees
GENERAL PAY PLAN ADMINISTRATIVE PAY PLAN
FY 23 FY 24 FY 23 FY 24
Salary Grade Minimum Maximum Salary Grade Minimum Maximum Salary Grade Minimum Maximum Salary Grade Minimum Maximum
G.07 $22,880.00 $35,464.00 A.07 $47,565.90 $73,727.15
G.08 $24,024.00 $37,237.20 A.07 $47,565.90 $73,727.15 A.08 $49,944.20 $77,413.51
G.09 $25,225.20 $39,099.06 A.08 $49,944.20 $77,413.51 A.09 $52,441.40 $81,284.17
G.10 $26,486.50 $41,054.08 . " "" A.09 $52,441.40 $81,284.17 A.10 $55,063.50 $85,348.43
G.11 $27,810.80 $43,106.74 A.10 $55,063.50 $85,348.43 A.11 $57,816.70 $89,615.89
G.12 $29,201.30 $45,262.02 G.13 $30,661.40 $47,525.17 A.11 $57,816.70 $89,615.89 A.12 $60,707.50 $94,096.63
G.13 $30,661.40 $47,525.17 G.14 $32,194.50 $49,901.48 A.12 $60,707.50 $94,096.63 A.13 $63,742.90 $98,801.50
G.14 $32,194.50 $49,901.48 G.15 $33,804.20 $52,396.51 A.13 $63,742.90 $98,801.50 A.14 $66,930.00 $103,741.50
G.15 $33,804.20 $52,396.51 G.16 $35,494.40 $55,016.32 A.14 $66,930.00 $103,741.50 A.15 $70,276.50 $108,928.58
G.16 $35,494.40 $55,016.32 G.17 $37,269.10 $57,767.11 A.15 $70,276.50 $108,928.58 A.16 $73,790.30 $114,374.97
G.17 $37,269.10 $57,767.11 G.18 $39,132.60 $60,655.53 A.16 $73,790.30 $114,374.97 A.17 $77,479.80 $120,093.69
G.18 $39,132.60 $60,655.53 G.19 $41,089.20 $63,688.26 A.17 $77,479.80 $120,093.69 A.18 $81,353.80 $126,098.39
G.19 $41,089.20 $63,688.26 G.20 $43,143.70 $66,872.74 A.18 $81,353.80 $126,098.39 A.19 $85,421.50 $132,403.33
G.20 $43,143.70 $66,872.74 G.21 $45,300.90 $70,216.40 A.19 $85,421.50 $132,403.33 A.20 $89,692.60 $139,023.53
G.21 $45,300.90 $70,216.40 G.22 $47,565.90 $73,727.15 A.20 $89,692.60 $139,023.53 A.21 $94,177.20 $145,974.66
G.22 $47,565.90 $73,727.15 G.23 $49,944.20 $77,413.51 A.21 $94,177.20 $145,974.66 A.22 $98,886.10 $153,273.46
G.23 $49,944.20 $77,413.51 G.24 $52,441.40 $81,284.17 A.22 $98,886.10 $153,273.46 A.23 $103,830.40 $160,937.12
G.24 $52,441.40 $81,284.17 G.25 $55,063.50 $85,348.43 A.23 $103,830.40 $160,937.12 A.24 $109,021.90 $168,983.95
G.25 $55,063.50 $85,348.43 G.26 $57,816.70 $89,615.89 A.24 $109,021.90 $168,983.95 A.25 $114,473.00 $177,433.15
G.26 $57,816.70 $89,615.89 G.27 $60,707.50 $94,096.63 A.25 $114,473.00 $177,433.15 A.26 $120,196.70 $186,304.89
G.27 $60,707.50 $94,096.63 G.28 $63,742.90 $98,801.50 A.26 $120,196.70 $186,304.89 A.27 $126,206.50 $195,620.08
A.27 $126,206.50 $195,620.08 A.28 $132,516.80 $205,401.04
Sworn Public Safety Non-Exempt Employees Sworn Public Safety Exempt Employees
GENERAL PAY PLAN ADMINISTRATIVE PAY PLAN
FY 23 FY 24 FY 23 FY 24
Salary Grade Minimum Maximum Salary Grade Minimum Maximum Salary Grade Minimum Maximum Salary Grade Minimum Maximum
Y.21 $48,571.43 $51,000.00 Y.21 $49,542.86 $52,020.00 Z.10 $59,038.90 $91,510.30 Z.10 $60,219.68 $93,340.50
Y.22 . $51,000.00 $79,050.00 Y.22 $52,020.00 $80,631.00 Z.15 $75,350.10 $116,792.66 Z.15 $76,857.10 $119,128.51
Y.23 . $53,550.00 $83,002.50 Y.23 $54,621.00 $84,662.55 Z.18 $87,227.20 $135,202.16 Z.18 $88,971.74 $137,906.20
Y.24 . $56,227.50 $87,152.63 Y.24 $57,352.05 $88,895.68 Z.22 $106,025.20 $164,339.06 Z.22 $108,145.70 $167,625.84
Y.25 $59,038.90 $91,510.30 Y.25 $60,219.68 $93,340.50 2.25 .$122,737.40 $190,242.97 Z.25 $125,192.15 $194,047.83
Y.26 $61,990.80 $96,085.74 Y.26 $63,230.62 $98,007.45
Y.28 $68,344.80 $105,934.44 Y.28 $69,711.70 $108,053.13
NOTES:
Non-exempt employees are eligible for overtime.
Exempt employees are salaried and not eligible for overtime.
For FY 24,the minimum salary hourly equivalent is$31,785.65(hourly equivalent=$15.28;G.13,Step 2).
ik� 7
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution Approving the Modification of a Construction Contract for Providence
Road Sidewalk Improvements
MEETING DATE: June 6, 2023
■ Background: The Providence Road Sidewalk Improvement Project will provide
for the construction of a 5-foot-wide concrete sidewalk along the south side of Providence
Road from Kempsville Road to the intersection of Indian Lakes Boulevard and Churchill
Drive, which is a distance of approximately 0.60 miles. The sidewalk provides connectivity
and will tie into an existing sidewalk at 5153 Providence Road and an existing sidewalk at
5009 Providence Road. The project also includes piping the existing ditch, new curb and
gutter, tree removal, driveway replacement, accessible curb ramps, pedestrian
crosswalks, minor grading, and drainage improvement.
The project will provide connectivity in an area that is clearly used by pedestrians even
though there is no current sidewalk. This project will provide valuable connections
between residences, schools, commercial, and recreation areas. All construction is within
the limits of City owned right-of-way.
The project has incurred unexpected expenses that have resulted in the construction
contract exceeding the original contract amount by more than 25%. The three main
drivers of this increased cost include:
• Quantity overruns of estimated contract pay items, most of which were associated
with maintenance of traffic on the project. The contract amount was based on an
estimated quantity of the pay items.
• Widening the pavement on north side of Providence Road to provide additional
buffer area between the travel lanes and the work zone. This widening was
necessary because within most of the project limits Providence Road has only two
travel lanes with no shoulder. The dimensions of the lanes and work zone buffer
as designed in the plans met the minimum requirements for maintaining traffic
through a work zone. However, based on the field conditions and heavy traffic
noted during construction, the project team decided to build out the shoulder on
the north side of Providence Road by 2' to allow additional work zone buffer space.
• Work associated with relocating an existing government fiber line that was found to
be in direct conflict with storm drainage pipe being installed with the project. The
design of the storm drainage system on the project was based on a survey
performed in conjunction with the project design. A government fiber line was
installed along Providence Road, following the completion of the project survey
and consequently occupied the same area as the storm drainage system. The
contractor installed conduits for the relocation of this fiber, to expedite the fiber
relocation and minimize the project schedule delay.
The project is currently funded by local and federal funding. The Total Project Cost is
approximately $1,966,620.15. The City provides 60% funding ($1,179,972) from the
Traffic Safety Improvements funds and the remaining 40% ($786,648) from the federal
Transportation Alternative Program funds.
• Considerations: The attached resolution provides the requisite approval by the
City Council to allow the City to increase the construction contract to meet the project
requirements. The funding for such increase, $540,820, will come from Capital Project
#100423, "Traffic Safety Improvements Phase IV."
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Recommendations: Approve the increased funding request.
• Attachments: Resolution; Location Map; Disclosure Form
Recommended Action: Approval
Submitting Department/Agency: Public Works
City Manager:
1 A RESOLUTION APPROVING THE MODIFICATION
2 OF A CONSTRUCTION CONTRACT FOR
3 PROVIDENCE ROAD SIDEWALK IMPROVEMENTS
4
5 WHEREAS, in September 2021, the City executed a contract with Conrad
6 Brothers of Virginia, Inc. to provide construction services for Capital Project #100322,
7 "Providence Road Sidewalk Improvements;"
8
9 WHEREAS, due to overruns of estimated quantities, additional shoulder
10 widening and the need to relocate a government fiber line, the contract requires
11 modifications that exceed 25% of the original contract;
12
13 WHEREAS, the additional construction required to accomplish the scope of this
14 project will increase the contract price by 27.5% over the original fixed-price contract
15 amount of$1,966,620.15;
16
17 WHEREAS. the increased funding required is available in Capital Project
18 #100423, "Traffic Safety Improvements Phase IV;" and
19
20 WHEREAS, the Virginia Public Procurement Act requires City Council approval
21 of changes to contracts that exceed $50,000 or 25% of the original contract price,
22 whichever is greater.
23
24 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
25 VIRGINIA BEACH, VIRGINIA THAT:
26
27 The City Council hereby approves the modification of the aforementioned
28 construction contract with Conrad Brothers of Virginia, Inc. with a revised contract price
29 of$2,507,440.60.
Adopted by the City Council of the City of Virginia Beach, Virginia, this
day of 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
Department of Public Works City Attorney's Office
CA16171
R-1
May 24, 2023
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PROVIDENCE ROAD SIDEWALK,
CIP No.2-119.000
VDOT Project No.: EN16-134-102, P101,UPC# 109054
FED ID: TAP-5A03 (837)
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DISCLOSURE STATEMENT FORM
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The completion and submission of this form is required for all applications
wherein such applicant may utilize certain service providers or financial .
institutions, and the City seeks to know of the existence of such
relationships in advance of any vote upon such application.
SECTION 1 / APPLICANT DISCLOSURE
Organization name: Conrad Brothers of Virginia, Inc.
SECTION 2. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the applicant? If the
answer to any item is YES, please identify the firm or individual providing the service:
I YES NO r SERVICE PROVIDER (needed)additional sheets if
Ej 0 Accounting and/or preparer of Lewis & Company
your tax return Bobby Lewis
Financial Services (include TowneBank
Ej 0 lending/banking institutions and
current mortgage holders as Karen Priest
a. •licable)
Troutman & Sanders
El Q Legal Services
John Ramirez
General Contractors
El 0 Broker/Contractor/Engineer/Other
Service Providers Conrad Brothers of Virginia Inc.
1ERTIFICATION: -
ertify that all of the information contained in this Disclosure Statement Form is
mplete, true, and accurate.
nderstand I am responsible for updating the information provided herein if it
anges prior to the Council action upon this Application.
- L e- /No j c 7/LICANT'S SIGNATURE PRINT AME DA E
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CITY OF VIRGIN!A BEACH
AGENDA ITEM
ITEM: A Resolution Authorizing and Directing the City Manager to Execute the Memorandum
of Agreement Continuing the Hampton Roads Regional Stormwater Management Program
Between the City of Virginia Beach and the Hampton Roads Planning District Commission
(HRPDC)
MEETING DATE: June 6, 2023
• Background: The City of Virginia Beach has worked cooperatively within the region
through the Hampton Roads Planning District on stormwater management issues since
1996, when the first Virginia Pollutant Discharge Elimination System (VPDES) permits were
issued to localities. Working collectively with neighboring cities through HRPDC on
stormwater management issues has been beneficial. The arrangement reduces
duplication, allows HRPDC to provide technical assistance, promotes consistent programs
across the region, and allows Hampton Roads cities to speak with a larger voice to
regulators.
The first formal Memorandum of Agreement (MOA) with HRPDC for regional stormwater
management was executed in 2003. Subsequent MOAs were executed in 2008, 2013, and
2018. The current MOA expires in June 2023.
• Considerations: This is the continuation of a process the City has beneficially used
since 1996. Total cost to the City for the first year of the agreement is $109,020. Funding for
this cost is included in the proposed FY24 Budget.
• Public Information: Public information will be provided through the normal City
Council agenda process.
• Attachments:
> Resolution
> Summary of Material Terms
> Memorandum of Agreement
Recommended Action: Approval of Resolution
Submitting Department/Agency: Public Works f'
City Manager:
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE THE
3 MEMORANDUM OF AGREEMENT ESTABLISHING
4 THE HAMPTON ROADS REGIONAL STORMWATER
5 MANAGEMENT PROGRAM BETWEEN THE CITY OF
6 VIRGINIA BEACH AND THE HAMPTON ROADS
7 PLANNING DISTRICT COMMISSION
8
9 WHEREAS, The City of Virginia Beach has worked cooperatively within the
10 region through the Hampton Roads Planning District on stormwater management issues
11 since 1996, and
12
13 WHEREAS, such cooperative work was accomplished through the Hampton
14 Roads Planning District Commission (HRPDC) and eighteen (18) neighboring localities;
15 and
16
17 WHEREAS, such cooperation has been extremely beneficial to the City of
18 Virginia Beach ("City") allowing for the reduction of duplication, allowing HRPDC to
19 provide technical assistance, promoting consistent programs across the region, and
20 allowing Hampton Roads cities to speak with a larger voice to regulators, and
21
22 WHEREAS, the HRPDC and the City wish to enter into a Memorandum of
23 Agreement ("MOA") to continue the Hampton Roads Regional Stormwater Management
24 Program.
25
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
27 VIRGINIA BEACH, VIRGINIA, THAT:
28
29 The City Manager is hereby authorized and directed to execute a MOA between
30 the City and the HRPDC to provide for the continuation of the Hampton Roads Regional
31 Stormwater Management Program. Incorporated herein is a summary of material terms
32 of the MOA and the Agreement itself.
33
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
WA.lc( 141,8, _
6A. ),
&r.)0N--
L.J. Han on / B. Kay Wilso
Director of Public Works Office of the ' ttorney
CA16173
R-1
May 17, 2023
SUMMARY OF MATERIAL TERMS
HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM
MEMORANDUM OF AGREEMENT
PARTIES HAMPTON ROADS PLANNING DISTRICT COMMISSION ("HRPDC")
CITY OF VIRGINIA BEACH (the "City")
The Cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson,
Portsmouth, Suffolk, Williamsburg and the Counties of Gloucester, Isle of Wight,James
City, Southampton, Surry,York, and the Towns of Smithfield, Windsor will also sign
Agreements with HRPDC.
PURPOSE Address issues arising from Virginia stormwater management regulations by using
regional goals to guide the operation of signatories' stormwater management programs.
TERM Expires June 30, 2023.
COST Pro-rata cost, plus extra services based upon formula (estimated $114,875 first year,
subject to appropriation).
DUTIES
HRPDC:
• Provide technical support and policy analysis related to stormwater and water quality issues
to local government staff to meet MS4 requirements.
• Conduct a regional stormwater education program
• Develop and conduct a regional training program for municipal employees, contractors, civic
leaders and other interested parties.
• Respond equitably and in a timely fashion to requests from all signatory local governments
for technical assistance.The time frame for responses will be based on experience, the
complexity of individual requests and the overall work load of program staff.
• Provide other technical support, as requested, to the signatory local governments.
• Represent the Hampton Roads Regional Stormwater Management Program at federal, state,
regional and local governmental, civic, professional and political organizations, agencies,
and committees.
• Prepare annual program reports, or components thereof, which comply with the provisions
of the MS4 permits and stormwater management programs of the signatory localities.
• Facilitate local government involvement in TMDL studies being prepared through the
Virginia Department of Environmental Quality and EPA and facilitate preparation of TMDL
Implementation Plans for impaired waters in the Hampton Roads Region as requested.
• Prepare an annual report of activities undertaken through the Hampton Roads Stormwater
Management Program. This report will include summaries of related activities undertaken
on a cooperative basis by the signatories.
• Identify state and federal regulatory actions that may affect local government stormwater
programs, serve on regulatory advisory panels (RAPs) as necessary, conduct policy analysis,
and develop policy recommendations on behalf of the HRPDC.
• Coordinate the compilation of regional data for MS4 permit annual reports to the
appropriate regulatory authority.
LOCAL GOVERNMENT:
• Appoint one voting member and alternates, as appropriate, to the Regional Environmental
Advisory Committee to represent the local government stormwater and water quality
related concerns. Generally, the voting representative should be the MS4 permit or program
administrator.
• Appoint a representative and alternates, as appropriate, to the stormwater education
subcommittee of askHRGreen.org.
• Provide, in a timely fashion, all locally generated data required by their MS4 permits
• Provide timely technical review of HRPDC analyses and conclusions.
• Participate in regional efforts to conduct public outreach and education activities in regard
to the state's TMDL study process and efforts to develop TMDL Implementation Plans for
impaired waters lying within the locality or within watersheds that include the locality.
• Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide input to the
regional RAP representative as appropriate.
• Support HRPDC efforts to obtain additional funding to support the regional programs, to the
extent that this may be accomplished without creating a conflict of interest, as determined
by the signatory local governments.
• Provide annual funding to support the agreed-upon regional program.
MEMORANDUM OF AGREEMENT
ESTABLISHING THE
HAMPTON ROADS REGIONAL STORMWATER MANAGEMENT PROGRAM
WHEREAS, Section 15.2-4200, et seq., of the Code of Virginia enables local
governments to establish Planning District Commissions; and
WHEREAS, the eighteen local governments that are signatories to this Agreement have
acted, in accordance with Section 15.2-4200, et seq., of the Code of Virginia, to establish
the Hampton Roads Planning District Commission (HRPDC); and
WHEREAS, the HRPDC has been requested and has undertaken various studies to
support local government stormwater management programs, including compliance with
Virginia Stormwater Management Program (VSMP) Municipal Separate Storm Sewer
System (MS4) Permits; and
WHEREAS, the signatory local governments have requested the HRPDC to administer
and coordinate a regional stormwater management program; and
WHEREAS, pursuant to the Clean Water Act, the U.S. Environmental Protection Agency
(EPA) has promulgated implementing regulations, 40 CFR Part 122, which established
the National Pollutant Discharge Elimination System (NPDES) Permits for Municipal
Separate Storm Sewer System (MS4) Discharges; and
WHEREAS, pursuant to the Virginia Stormwater Management Act, Section 62.1-
44.15:24, et. seq., of the Code of Virginia, the Board of Soil and Water Conservation has
promulgated implementing regulations 9VAC25-870, et. seq., which establish the
requirements that localities obtain permits for their MS4 discharges; and
WHEREAS, the majority of the eighteen signatory local governments are required by their
MS4 permits to conduct certain activities, including reporting on their discharges,
conducting public information and education programs, and certain other activities; and
WHEREAS, the Water Quality Monitoring and Reporting Act and implementing
regulations promulgated by the State Water Control Board establish requirements for the
preparation of Total Maximum Daily Load (TMDL) Implementation Plans, which apply to
activities conducted by localities in general as well as activities conducted in implementing
MS4 permit requirements; and
WHEREAS, the Chesapeake Bay Preservation Act and the Virginia Erosion and
Sediment Control Law and implementing regulations also establish stormwater
management requirements that govern one or more of the eighteen signatory local
governments; and
WHEREAS, sixteen local governments and the HRPDC executed the Memorandum of
Agreement Establishing the Hampton Roads Regional Stormwater Management
Program on September 5, 2003 and that Agreement expired on December 31, 2007; and
Revised February 9, 2023 1
WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of
Agreement Establishing the Hampton Roads Regional Stormwater Management
Program on March 6, 2008, and that Agreement expired on June 30, 2013: and
WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of
Agreement Establishing the Hampton Roads Regional Stormwater Management
Program on July 1, 2013, and that Agreement expired on June 30, 2018; and
WHEREAS, eighteen local governments and the HRPDC executed the Memorandum of
Agreement Establishing the Hampton Roads Regional Stormwater Management
Program on July 1, 2018, and that Agreement expires on June 30, 2023.
NOW THEREFORE, the signatory parties enter into the following Agreement.
This Agreement effective as of the first day of July 2023, among and between the eighteen
local governments in Hampton Roads and the HRPDC, establishes and maintains the
Hampton Roads Regional Stormwater Management Program.
BASIC PREMISES
All local governments in Hampton Roads operate stormwater management programs.
The Cities of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth and Virginia
Beach received VPDES Permits in 1996. Those permits, which were renewed in 2001,
govern the discharges from their MS4s to waters of the state and impose certain
operational and reporting requirements on those systems. In 2005, these permits were
converted to VSMP permits. These permits must be renewed on a 5 year basis and the
localities applied for renewed permits in 2005. Localities operated programs under
administratively continued permits until June 30, 2016. The existing permits became
effective on July 1, 2016 and have been administratively continued since June 30, 2021.
The Cities of Poquoson, Suffolk, and Williamsburg, and the Counties of Gloucester, Isle
of Wight, James City, and York were all identified by the EPA as requiring VPDES permits
under Phase II of the MS4 regulations. Those localities that operate MS4s obtained
VPDES permits in March 2003. Those permits also imposed certain operational and
reporting requirements on those systems. In 2005, these permits were converted to
VSMP permits. These permits must be renewed on a 5 year basis with the next renewal
planned for 2023.
On April 15, 2016, the Virginia Department of Environmental Quality notified Isle of Wight
County that their Phase II MS4 Permit would be terminated because the County neither
owned nor operated a small MS4 within the census-defined urbanized area. Isle of Wight
County does not currently own or maintain stormwater systems outside of County-owned
properties.
Revised February 9, 2023 2
Although Gloucester County was initially identified by the EPA as requiring a Phase II
MS4 permit, it was subsequently determined that permit coverage for Gloucester County
was not required.
The City of Franklin, the Counties of Gloucester, Isle of Wight, Southampton and Surry
and the Towns of Smithfield and Windsor are governed by stormwater management
requirements established under the Virginia Stormwater Management Act and the
Virginia Erosion and Sediment Control Law. The Chesapeake Bay Preservation Act also
governs Gloucester and Surry Counties and the Towns of Smithfield and Windsor.
As of July 1, 2014, all localities have implemented stormwater management programs
that meet the minimum requirements established in the Virginia Stormwater Management
Act. The Virginia Stormwater Management Act imposes operational and reporting
requirements on all localities that are required to implement stormwater management
programs.
The local governments are interested in managing stormwater in a manner which protects
and does not degrade waters of the Commonwealth and which meets locally established
quality of life goals and objectives. The Clean Water Act and the VSMP require that
stormwater quantity and quality be managed to the maximum extent practicable.
In carrying out their stormwater management responsibilities, the local governments have
developed a consensus on regional goals to guide the operation of their stormwater
management programs. Initially, as approved by the HRPDC at its Executive Committee
Meeting of September 15, 1999, these goals are to:
1. Manage stormwater quantity and quality to the maximum extent practicable,
including:
• Implement best management practices (BMPs) and retrofit flood control
projects to provide water quality benefits.
• Support site planning and plan review activities.
• Manage pesticide, herbicide and fertilizer applications.
2. Implement public information activities to increase citizen awareness and support
for the program.
3. Meet the following needs of citizens:
• Address flooding and drainage problems.
• Maintain the stormwater infrastructure.
• Protect waterways.
• Provide the appropriate funding for the program.
4. Implement cost-effective and flexible program components.
5. Satisfy MS4 stormwater permit requirements:
Revised February 9, 2023 3
• Enhance erosion and sedimentation control.
• Manage illicit discharges, spill response, and remediation.
This Agreement establishes the administrative framework, which will be used by the local
governments in Hampton Roads to address certain stormwater management
requirements under the above-cited state and federal laws and regulations.
Eighteen local governments in the Hampton Roads Region will be participants in and
signatories to the Agreement.
HRPDC RESPONSIBILITIES
Under the terms of this Agreement, the HRPDC staff must:
• Provide technical support and policy analysis related to stormwater and water
quality issues to local government staff.
• Provide the necessary administrative, technical and clerical resources to support
program activities to ensure that the MS4 permit-holding cities and counties meet
applicable stormwater management requirements.
• Prepare an annual work program and budget for the Hampton Roads Regional
Stormwater Management Program. The annual work program will be incorporated
into the HRPDC Unified Planning Work Program and the annual budget will be
incorporated into the HRPDC budget.
• Assist the signatories in coordinating reporting on stormwater related activities to
other state and federal agencies to ensure that program requirements are met in
a cost-effective manner, that minimizes duplicative reporting and the
administrative burden on the signatories.
• Conduct a regional stormwater education program. This will include public
education activities and may include outreach to specific economic sectors and
groups. The stormwater education subcommittee of askHRgreen.org will be
responsible for guiding the development of original materials, including
publications, media advertising and promotional items. This may also include
development of locality-specific materials or coordination of bulk purchases. The
stormwater education subcommittee of askHRqreen.org will coordinate with
HRPDC staff on the educational and outreach components of the Hampton Roads
Regional Stormwater Management Program.
• Develop and conduct a regional training program for municipal employees,
contractors, civic leaders, and other interested parties. The training program will
emphasize stormwater management, pollution prevention and permit issues.
Revised February 9, 2023 4
• Respond equitably and in a timely fashion to requests from all signatory local
governments for technical assistance. The time frame for responses will be based
on experience, the complexity of individual requests and the overall work load of
program staff.
• Provide other technical support, as requested, to the signatory local governments.
• Upon request from one or more participating localities, conduct technical studies
to support compliance by the localities with MS4 permit requirements and VSMP
program requirements.
• Facilitate development of multi-jurisdictional management plans for shared
watersheds, as requested.
• Take steps, in conjunction with the signatory local governments, to obtain financial
support for program activities from outside sources, including state, federal and
private grants, to the extent that this may be accomplished without creating a
conflict of interest, as determined by the signatory local governments.
• Contract with and manage consultants, including both private firms and academic
institutions, to support the regional program, including provision of requested
services to local governments in excess of the common program elements.
• Represent the Hampton Roads Regional Stormwater Management Program at
federal, state, regional and local governmental, civic, professional and political
organizations, agencies, and committees.
• Provide technical and administrative support, as appropriate, to those localities
that are required to develop stormwater management programs to meet VSMP
requirements, but that are not required to obtain MS4 permits for their stormwater
discharges.
• Prepare annual program reports, or components thereof, which comply with the
provisions of the MS4 permits and stormwater management programs of the
signatory localities.
• Facilitate local government involvement in TMDL studies being prepared through
the Virginia Department of Environmental Quality and EPA and facilitate
preparation of TMDL Implementation Plans for impaired waters in the Hampton
Roads Region as requested.
• Prepare an annual report of activities undertaken through the Hampton Roads
Stormwater Management Program. This report will include summaries of related
activities undertaken on a cooperative basis by the signatories.
• Identify state and federal regulatory actions that may affect local government
stormwater programs, serve on regulatory advisory panels (RAPs) as necessary,
Revised February 9, 2023 5
conduct policy analysis, and develop policy recommendations on behalf of the
HRPDC.
• Coordinate the compilation of regional data for MS4 permit annual reports to the
appropriate regulatory authority, as appropriate.
LOCAL GOVERNMENT RESPONSIBILITIES
Under the terms of the Agreement, the signatory local governments must:
• Participate, as appropriate, in the Regional Environmental Committee to represent
the local government's respective stormwater and water quality related concerns.
• Appoint a representative and alternates, as appropriate, to the stormwater
education subcommittee of askHRgreen.org.
• Provide, in a timely fashion, all locally generated data required by their MS4
permits and such other data as may be necessary to accomplish locally requested
services.
• Provide timely technical review of HRPDC analyses and conclusions.
• Participate in regional efforts to conduct public outreach and education activities
regarding the Commonwealth's TMDL study process and efforts to develop TMDL
Implementation Plans for impaired waters lying within the locality or within
watersheds that include the locality.
• Provide input on regulatory issues to HRPDC staff and serve on RAPs or provide
input to the regional RAP representative as appropriate.
• Reasonably support HRPDC efforts to obtain additional funding to support the
regional programs to the extent that this may be accomplished without creating a
conflict of interest, as determined by the signatory local governments.
• Provide annual funding to support the agreed-upon regional program, subject to
annual appropriation.
METHOD OF FINANCING
The majority of program costs will be allocated according to a formula reflecting each
locality's share of the regional population. Costs for additional projects or services will be
allocated based on a formula developed by the HRPDC staff and approved by the HRPDC
with the concurrence of the signatory local governments. For example, in the past, the
cost of legal services have been split between the localities with MS4 permits and the
Revised February 9, 2023 6
maintenance costs for the regional online BMP database were split by the subset of
localities still using the system.
AVAILABILITY OF FUNDS
Performance by the HRPDC of its responsibilities under this Agreement is subject to the
availability of funding from the signatory local governments. Failure of the local
governments to provide the necessary funding to support these activities will constitute a
Notice to Modify or Terminate the Agreement.
MODIFICATIONS
Modifications to this Agreement must be expressly written, approved by the HRPDC, and
accepted by all signatories.
DURATION AND TERMINATION
This Agreement will have a term of ten years, extending from the date of full execution of
the Agreement by the signatories or July 1, 2023 whichever occurs last through June 30,
2033. To conform to local government charter and Virginia Code requirements, the
funding provisions of this Agreement are subject to annual appropriations.
No later than September 1, 2032, the signatories will institute a formal reevaluation of the
Hampton Roads Regional Stormwater Management Program. This reevaluation will
serve as the basis for appropriate modification of the Agreement and the Hampton Roads
Regional Stormwater Management Program.
Any signatory may terminate its participation in the Hampton Roads Regional Stormwater
Management Program by sending a written Notice To Terminate to all other parties. Such
termination will be effective the start of the following Fiscal Year. Depending upon the
terms of individual VSMP permits, termination of participation in the Hampton Roads
Regional Stormwater Management Program in the middle of a permit term may result in
changes to permit conditions and require renegotiation of the individual locality's VSMP
permit from the Virginia Department of Environmental Quality.
OWNERSHIP OF PROPERTY
It is not the intent of the signatories that the Agreement will result in the purchase,
ownership, leasing, holding, or conveying of any form of interest in any real property.
INDEMNITY
It is the intent of the signatories that no signatory will be held liable for any damage or
associated penalties caused by or associated with the failure of any other signatory to
discharge its duties or to exercise due diligence in discharging its duties under this
Agreement, and that no signatory, by entering this Agreement, waives any defenses or
immunities available to it at law, including, but not limited to, those set forth in Section
15.2-970 of the Code of Virginia.
Revised February 9, 2023 7
It is the intent of the signatories that no signatory will be held liable for any damage or
associated penalties caused by or associated with the failure of any other signatory to
comply with the terms and conditions of the signatory's VSMP permit.
NO INTENT TO BENEFIT THIRD PARTIES
This Agreement is intended for the benefit of the parties hereto and is not for the benefit
of, nor may any provision hereof be enforced by, any other person or entity.
COUNTERPARTS
This Agreement may be executed in any number of counterparts, and each counterpart
signature, when taken with the other counterpart signatures, is treated as if executed
upon one original of this Agreement.
Revised February 9, 2023 8
LIST OF SIGNATORIES
Signature pages will be signed in counterparts.
CITY OF CHESAPEAKE
CITY OF FRANKLIN
GLOUCESTER COUNTY
CITY OF HAMPTON
ISLE OF WIGHT COUNTY
JAMES CITY COUNTY
CITY OF NEWPORT NEWS
CITY OF NORFOLK
CITY OF POQUOSON
CITY OF PORTSMOUTH
SOUTHAMPTON COUNTY
CITY OF SUFFOLK
SURRY COUNTY
CITY OF VIRGINIA BEACH
CITY OF WILLIAMSBURG
YORK COUNTY
TOWN OF SMITHFIELD
TOWN OF WINDSOR
HAMPTON ROADS PLANNING DISTRICT COMMISSION
This listing of participants will be followed by individual signature pages.
Revised February 9, 2023 9
IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and
the Executive Director of the Hampton Roads Planning District Commission hereby
execute this Agreement.
CITY OF VIRGINIA BEACH
By:
Date:
Date:
Attest:
Revised February 9, 2023 23
IN WITNESS THEREOF, the Chief Administrative Officer of the local governments and
the Executive Director of the Hampton Roads Planning District Commission hereby
execute this Agreement.
HAMPTON ROADS PLANNING
DISTRICT COMMISSION
By:
Date:
Date:
Attest:
Revised February 9, 2023 28
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CITY OF VIR�GINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City-
owned property along the 83rd Street beach access, 15' into the Coastal Sand
Dunes (GPIN: 2510-60-2699)
MEETING DATE: June 6, 2023
• Background:
John Koehler and Patty Koehler (collectively, the "Applicants") have requested
permission to construct and maintain a 3' long steel beam welded to a 4" x 7'
steel pole, and 9' chrome painted fiberglass dolphin (the "Temporary
Encroachments"). The Temporary Encroachments would encroach into a portion
of City-owned property along the 83rd Street beach access, 15' into the coastal
sand dunes, also known as GPIN: 2510-60-2699. The Applicants do not live
adjacent to the location of the Temporary Encroachments.
• Considerations:
City Staff has reviewed the Temporary Encroachments and does not recommend
approval. Allowing the Temporary Encroachments violates City Code Sec.
1608.1 that no permanent alteration of or construction upon any coastal primary
sand dune shall take place.
There is a concern that the Temporary Encroachments may attract the public to
walk on the dunes to get to the dolphin statue, which may cause further harm to
the dune.
Moreover, approval of the Temporary Encroachments into the sand dune will
encourage other encroachment applications into the primary dune, which could
lead to impairment of the natural functions of the dune, physically alter the
contour of the dune, and/or destroy vegetation growing.
• Public Information:
Public notice will be provided via the normal City Council agenda process.
• Alternatives:
Deny the Temporary Encroachments or add conditions as desired by Council.
• Recommendations:
Deny the request.
• Attachments:
Ordinance, Exhibit, Agreement, Pictures, Location Map and Disclosure
Statement Form
Recommended Action: Denial
Submitting Department/Agency: Public Works/Real Estate90
City Manager:iiiii)
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY-OWNED
6 PROPERTY ALONG THE 83RD STREET
7 BEACH ACCESS, 15' INTO THE
8 COASTAL SAND DUNES (GPIN: 2510-
9 60-2699)
10
11 WHEREAS, John Koehler and Patty Koehler (collectively, the "Koehlers")
12 have requested permission to construct and maintain a 3' long steel beam welded to a 4"x
13 7' steel pole, and 9' chrome painted fiberglass dolphin into a portion of an existing City-
14 owned property along the 83rd Street beach access, 15' into the coastal sand dunes, also
15 known as GPIN: 2510-60-2699 (the "Temporary Encroachments"); and
16
17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
19 the City-owned property subject to such terms and conditions as Council may prescribe.
20
21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23
24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Koehlers, their heirs,
26 assigns and successors in title are authorized to construct and maintain the Temporary
27 Encroachments in the City-owned property as shown on the map entitled: "EXHIBIT A —
28 PLAT OF PROPOSED DOLPHIN PROJECT," dated October 18, 2021, a copy of which
29 map and a picture of the dolphin are attached hereto as Exhibit A and on file in the
30 Department of Public Works and to which reference is made for a more particular
31 description;
32
33 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
34 expressly subject to those terms, conditions and criteria contained in the agreement
35 between the City of Virginia Beach and the Koehlers (the "Agreement"), an unexecuted
36 copy of which has been presented to the Council in its agenda, and will be recorded among
37 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
38
39 BE IT FURTHER ORDAINED, that the City Manager or his authorized
40 designee is hereby authorized to execute the Agreement; and
41
42 Adopted by the Council of the City of Virginia Beach, Virginia, on the
43 day of , 2023.
CA15427
R-1
Prepared: 4/10/23
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
(x9
PU'L WOR , REAL ESTATE A R. ARMEYER
IOR CITY ATTORNEY
14
130'to sand EXHIBIT A-PLAT OF PROPOSED DOLPHIN PROJECT
100 Block 83rd Street,Virginia Beach,VA(Oceanfront) Sheet 1 of 1
l/ ,--r
Scale: as shown Prepared by: John Koehler&Jon Sedel Plans dated: 10/18/2021
Existing walkway Proposal:A committee of 83rd Street residents has bought the dolphin,
,< 6' and will paint and install it as approved. Part of the proceeds to benefit
Operation Smile. Dolphin is same as dozens of others throughout the
44— 4.83' —* 4.83' — City. Installation: Upon approval by the City, the committee shall
A carefully dig a hole in the dune and secure pole with concrete. Minimal
— disturbance to dune and vegetation.
1.5' 1.5'
4 H
— Proposed dolphin location
X I
X Angled slightly NE
IA
w
°: tn o_ 15' -
c
O0 7
n n ❑
— r - City's"KEEP OFF DUNE" sign
Existing bench deck area
9' >
4— 15.58'
y 1
A
4 6'
Existing walkway GPIN:2510-60-2699 4"x 7'steel pole )- 4' Fiberglass dolphin
Property of City
w _ of Virginia Beach r painted
o, \—...,_
Xconcrete extends
Edge of City R/W(cul de sac) around pole to beam , 1
N.
3'long steel beam Dune surface
welded to pole
t'rj), ATLANTIC AVENUE
83rd Street Dolphin on the Dune
Dolphin has flat grey primer coat. Final coat will be chrome metallic paint with a sealer added.
This is the method used by many museums and art installations to highlight the shape, not the art
painted on the shape.The dolphin will reflect the dune, sky and sea.
Paint will be applied upon City approval.
, ' ', _- a itik , 1.. -ice;
jillt
1 C •
w, ► to
4
1- example of chrome paint on figurine
._ ..- iiiiamiliorwm.„ li.
2- dolphin shown mounted on pole in dunes
3- dolphin shown in flat grey primer.
4- temporary dolphin install on dune with 25% of
83rd Street supporters.
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3
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this C 3 day of / 11 (M , 2023 by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and JOHN L. KOEHLER and PATTY S.
KOEHLER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE, collectively, "Grantee" even though more than one.
WITNESSETH:
WHEREAS, the City is the owner of the sandy beach also known as an
unimproved portion of Ocean Front Avenue adjacent to Lot 1 in Block 11 and Lot 6 in
Block 9, as shown on that certain plat entitled: "PLAN OF LOTS SITUATE IN
PRINCESS ANNE CO., VA. LAID OUT BY CAPE HENRY SYNDICATE," Scale 1" =
200', which plat is recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in Map Book 7, at page 79;
WHEREAS, it is proposed by the Grantee to construct and maintain
a 3' long steel beam welded to a 4" x 7' steel pole, and 9' chrome painted fiberglass
dolphin, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
GPIN: 2510-60-2699 (CITY PROPERTY KNOWN AS — COASTAL SAND DUNES)
LOCATED IN THE 8000 BLOCK OF OCEAN FRONT AVENUE
City property along the 83rd Street beach access, 15' into the coastal sand dunes, also
known as GPIN: 2510-60-2699, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit entitled: "EXHIBIT A — PLAT
OF PROPOSED DOLPHIN PROJECT," dated October 18,
2021, a copy of which is attached hereto as Exhibit "A" and
to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
2
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood that any existing encroachments
referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of
the Grantee and the City disclaims any ownership interest or maintenance obligation of
such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
3
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, John L. Koehler and Patty S. Koehler, the said
Grantee, have caused this Agreement to be executed by their signatures. Further, that
the City of Virginia Beach has caused this Agreement to be executed in its name and on
its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk.
4
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. HE/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
5
N L. OE ER
PATTY S. OEHLER
STATE OF N,1 Veto-wit:
CITY/COUNTY O \�
The foregoing instrument was acknowledged before me this \?5 "day of
, 2035 by John L. Koehler and Patty S. Koehler.
CAUX1 (SEAL)
Notary Public
ALICIA ARIEL DAWSON
NOTARY PUBLIC
Notary Registration Number: 4T094-\\ MY OMMnIICOMONWEALTH SS ON EXPIRES F NIOV.1NIA 30,2026
COMMISSION#7922941
My Commission Expires: NOvend argCgo
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUF NCY AND FORM
t � ( ,
SI N URE 4 A R. ARMEYER
SENIOR CITY ATTORNEY
FAik
DEPARTMENT
6
t .
130'to sand EXHIBIT A-PLAT OF PROPOSED DOLPHIN PROJECT
�,. 100 Block 83rd Street,Virginia Beach,VA(Oceanfront) Sheet 1 of 1
�ti �_ Scale:as shown Prepared b :John Koehler&Jon Sedel Plans dated: 10 18 2021
. � P Y / /
It Existing walkway
Proposal:A committee of 83rd Street residents has bought the dolphin,
.4 6' . and will paint and install it as approved. Part of the proceeds to benefit
.4— 4.83' —� 4 4.83' --� Operation Smile. Dolphin is same as dozens of others throughout the
City. Installation: Upon approval by the City, the committee shall
A carefully dig a hole in the dune and secure pole with concrete. Minimal
_ disturbance to dune and vegetation.
1.5' 1.5'
H H
Proposed dolphin location >1\
^, x x I Angled slightly NE
la
a: la a 4 15'
u' m
7 7
s s0 \
City's"KEEP OFF DUNE" sign
Existing bench deck area
.4— 15.58'
lir (------- -- -------_,t 'Ir
Existing walkway GPIN:2510-60-2699 4"x 7'steel pole ---•----1r- 4' Fiberglass dolphin
Property of City
painted
w ,_ _ — --'-- of Virginia Beach 4f
________.
Xconcrete extends
Edge of City R/W(cul de sac) around pole to beam
N
3'long steel beam Dune surface
16fwelded to pole
q ATLANTIC AVENUE
83rd Street Dolphin on the Dune
Dolphin has flat grey primer coat. Final coat will be chrome metallic paint with a sealer added.
This is the method used by many museums and art installations to highlight the shape, not the art
painted on the shape.The dolphin will reflect the dune, sky and sea.
Paint will be applied upon City approval.
rs
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mailmihow;..-": . 2- dolphin shown mounted on pole in dunes
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4- temporary dolphin install on dune with 25% of
83rd Street supporters.
2
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,,, LOCATION MAP
9 t` Ilia ENCROACHMENT REQUEST
!i::v. Proposed Dolphiniiiic
:... FOR
2510-60-2699
�� 83RD STREET DOLPHIN PROJECT
2419-59-8646 •
t,
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_ _ _ _ 11 LOCATION MAP
•.tom��� , ENCROACHMENT REQUEST
2510-60-2699 \ FOR
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;// woos Walkway r� GPIN 2510-60-2699
Feet
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.. _ . .. _ _.....,._ v.\nnnn\n_ :_ a \nnn ra \n�r�mn 11AAnC\/tea..n .a..\]cn cn�cnn\�can r_n �cnn
Disclosure Statement113
Planning fX Community
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name John Koehler&Patty Koehler
Does the applicant have a representative? ❑Yes RI No
• If yes,list the name of the representative.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes I No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary)or affiliated business entity relationship with the applicant. (Attach
a 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(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 Wage
111/4/B
Disclosure Statement
City of Viryink Band
Planning& Community
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development
contingent on the subject public action?❑Yes No
• If yes,what Is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑Yes No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes Ti(No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes vtNo
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes jai No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑ Yes PAD
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 Wage
•
Disclosure StatementNi3
City of*vine:Bauch
Planning&Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑ Yes 100
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?❑ Yes jigNo
• If yes,identify the firm and individual providing the service.
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑ Yes CS No
• If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Applicant Signa re
T1� Patty Koehler
Print Name and Title
April 10,2023
--
Date
Is the applicant also the owner of the subject property? ❑Yes ONo
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
No changes as of Mate Signature
Print Name
Revised 11.09.2020 3 I P a g e
Disclosure Statement
Flaming&Community
Development
Continue to Next Page for Owner Disclosure
Revised 11.09.2020 4age
11/47/3
Disclosure Statement
Planning&Community
Development
Owner Disclosure
Owner Name John Koehler&Patty Koehler
Applicant Name John Koehler&Patty Koehler
v u ` �•is i.
Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yeslo
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity's relationship with the Owner. (Attach a
list if necessary)
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑ Yes i(No
• If yes,what is the name of the official or employee and what is the nature of the interest?
3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 Wage
Disclosure Statement A/13
City a/Virginia And)
Planning&Community
Development
Owner Services Disclosure
1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any
financing in connection with the subject of the application or any business operating or to be operated on the property?
❑ Yes kNo
• If yes,identify the financial institutions providing the service.
2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑ Yes fit.No
• If yes,identify the company and individual providing the service.
3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the
application or any business operating or to be operated on the property?❑Yes R.No
• If yes,identify the firm and individual providing the service.
4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑ Yes No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?0 Yes *6 No
• If yes,identify the purchaser and purchaser's service providers.
6. Does the Owner have a construction contracto in connection with the subject of the application or any business operating or
to be operated on the property?❑ Yes No
• If yes,identify the company and individual providing the service.
7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating
or to be operated on the property?❑ Yes No
• If yes,identify the firm and individual providing the service.
Revised 11.09.2020 Wage
Disclosure Statement .\13
ofV
Planning & Community
Development
8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?0 Yes Krslo
• If yes,identify the firm and individual providing legal the service.
Owner Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Owner Signatu
John Koehler and Patty Koehler
Print Name and Trtle
April 10, 2023
Date
Revised 11.09.2020 7 I P a g e
/ ,�‘ .
4)
S
,,,,,,,,,,,,,
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to authorize Temporary Encroachments into a 5' City utility and
drainage easement, adjacent to 2205 Admiral Circle
MEETING DATE: June 6, 2023
• Background:
Kyle C. Harrison (the "Applicant") has requested permission to construct and
maintain a 73' vinyl bulkhead that extends a maximum of 5.24' and a 4' x 70'
wood wharf into a 5' City utility and drainage easement (collectively, the
"Temporary Encroachment") adjacent to the Applicants' property at 2205 Admiral
Circle (GPIN: 1590-70-6439).
• Considerations:
City staff reviewed the Temporary Encroachments and have recommended
approval of same, subject to certain conditions outlined in the Agreement.
• Public Information:
Public notice will be provided via the normal City Council agenda process.
• Alternatives:
Deny the Temporary Encroachments or add conditions as desired by Council.
• Recommendations:
Approve the request subject to the terms and conditions of the Agreement.
• Attachments:
Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure
Statement Form.
Recommended Action: Approval
Submitting Department/Agency: Public Works/Real Estate
City Manager: f 4--0
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A 5' CITY UTILITY AND DRAINAGE
6 EASEMENT, ADJACENT TO 2205
7 ADMIRAL CIRCLE
8
9 WHEREAS, Kyle C. Harrison (the "Applicant") has requested permission to
10 construct and maintain a 73' vinyl bulkhead that extends a maximum of 5.24' and a 4' x 70'
11 wood wharf into a 5' City utility and drainage easement (collectively, the "Temporary
12 Encroachment"), adjacent to the Applicant's property at 2205 Admiral Circle (GPIN: 1590-
13 70-6439); and
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
17 the City's easement subject to such terms and conditions as Council may prescribe.
18
19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, her heirs, assigns
24 and successors in title are authorized to construct and maintain the Temporary
25 Encroachments within the City's easement as shown on the map entitled: "EXHIBIT A
26 ENCROACHMENT EXHIBIT SHOWING BULKHEAD & WOOD WHARF FOR KYLE C.
27 HARRISON I.N.202203010977 LOCATED ON LOT 36, RESUBDIVISION OF LOTS 35 &
28 36, AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION ONE M.B. 67, PG.
29 43 GPIN: 1590-70-6439 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated
30 December 8, 2022, prepared by Gallup Surveyors & Engineers, a copy of which is
31 attached hereto as Exhibit A, on file in the Department of Public Works and to which
32 reference is made for a more particular description;
33
34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
35 expressly subject to those terms, conditions and criteria contained in the agreement
36 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted
37 copy of which has been presented to the Council in its agenda, and will be recorded among
38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach;
39
40 BE IT FURTHER ORDAINED, that the City Manager or his authorized
41 designee is hereby authorized to execute the Agreement; and
42
43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
44 such time as the Applicant and the City Manager or his authorized designee execute the
45 Agreement.
,
46
47 Adopted by the Council of the City of Virginia Beach, Virginia, on the
48 day of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
4 iii,
P B IC •;'KS, REAL ESTATE D R. HARMEYER
ASSOCIATE CITY ATTORNEY
CA15818
R-2
Prepared: 04/03/2023
\\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d0101p047\00878194.doc
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD
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25' OF 50' EASEMENT FOR7 1
DRAINAGE & USE OF LOT -O
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OWNERS WITHIN THIS SUBDMSION tD
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SHEET 3 FOR ADJACENT OWNERS.
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DH (F) -� NCI''-t‘fi , N .B.67'r .43
EXHIBIT A
1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING
BENEFIT OF A TITLE REPORT. BULKHEAD &WOOD WHARF
2. THIS EXHIBIT IS INTENDED FOR AN FOR
ENCROACHMENT REQUEST ONLY. KYLE C. HARRISON
3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED I.N. 202203010977
FROM A PHYSICAL SURVEY PREPARED BY TIM LOCATED ON
FALLON LAND SURVEYING DATED APRIL 23, 2022. LOT 36, RESUBDIVISION OF LOTS 35& 36,
______ _-- AMENDED SUBDIVISION OF CAPE HENRY SHORES,
GALLUP SECTION ONE
M.B. 67, PG. 43
KP SURVEYORS & ENGINEERS GPIN: 1590-70-6439
I 323 FIRST COLONIAL ROAD
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: DEC. 8, 2022 I Sheet: 1 of 3
W:\Harrison,Kyle C (KC)-2205 Admiral Circle\Drawings\22-21 Encroachment dwg,4/5/2023 3:32:38 PM,1:1
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(i) gyp' `' OAe,0����`� EXHIBIT A
Wbe
•' ENCROACHMENT EXHIBIT SHOWING
,1 BULKHEAD &WOOD WHARF
"'' FOR
KYLE C. HARRISON
0 10 20 I•N• 202203010977
f11111e1MOMOMMIIMMMON LOCATED ON
LOT 36, RESUBDIVISION OF LOTS 35 & 36,
AMENDED SUBDIVISION OF CAPE HENRY SHORES,
GALLUP SECTION ONE
M.B. 67, PG. 43
SURVEYORS & ENGINEERS GPIN: 1590-70-6439
323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX Scale: 1"=10' • Date: DEC. 3, 2022 Sheet: 2 of 3
W:\Harrison,Kyle C.(KC)-2205 Admiral Circle\Drawings\22-21 Encroachment dwg,4/5/2023 3:32:39 PM,1:1
I ADJACENT OWNER TABLE
KEY NOW OR FORMERLY INSTRUMENT PARCEL GPIN MB/PG
VINCENT C. NOLAN & D.B. 2210, PG. 968 LOT 35 1590-70-7426 67/43
MARY T. NOLAN
,O, DANIEL M. LEAHEY & 20200501000377040 LOT 57 1590-70-528964 1
JOCELYN L. LEAHEY /
THE EDWIN N. PLEASANTS
REVOCABLE LIVING TRUST
(3) & THE OLGA H. 202100012081 LOT 56 1590-70-4394 64/1
PLEASANTS REVOCABLE
LIVING TRUST
(4) GREGORY M. GIBSON 20070105000020790 LOT 37 1590-70-5530 64/1
EXHIBIT A
® ENCROACHMENT EXHIBIT SHOWING
v ipit‘
DA W UTLER BULKHEAD &WOOD WHARF
CS\i. c.No. 38395 2
FOR
�'o� ,�2,9'2 ��' KYLE C. HARRISON
r �s �1�� I.N. 202203010977
rr `I714,41, LOCATED ON
LOT 36, RESUBDIVISION OF LOTS 35& 36,
AMENDED SUBDIVISION OF CAPE HENRY SHORES,
GALLUP SECTION ONE
M.B. 67, PG. 43
I SURVEYORS & ENGINEERS GPIN: 1590-70-6439
323 FIRST COLONIAL ROAD
VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA
(757)428-8132(757)425-2390 FAX
Scale: NA ' Date: DEC. 8, 2022 Sheet: 3 of 3
W:\Harrison,Kyle C.(KC)-2205 Admiral Circle\Drawings\22-21 Encroachment dwg,4/5/2023 3:32:39 PM,1:1
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
AA
THIS AGREEMENT, made this Z day of Apn , 20 Z, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and KYLE C. HARRISON, HER HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, Grantee.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "36" as shown on that certain plat entitled:
"RESUBDIVISION OF LOTS 35 & 36, AMENDED SUBDIVISION OF CAPE HENRY
SHORES SECTION — ONE LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA,"
Scale: 1" = 40', dated January 20, 1966, prepared by Frank D. Tarrall, Jr. & Associates,
which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia in Map Book 67, at page 43, and being further designated, known, and
described as 2205 Admiral Circle, Virginia Beach, Virginia 23451;
WHEREAS, it is proposed by the Grantee to construct and maintain a 73'
vinyl bulkhead that extends a maximum of 5.24' into the City drainage and utility
easement and a 4' x 70' wood wharf, collectively, the "Temporary Encroachment", in the
City of Virginia Beach; and
GPM: (CITY DRAINAGE AND UTILITY EASEMENT NO GPM ASSIGNED)
1590-70-6439 (2205 ADMIRAL CIRCLE)
WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing 5'
City utility and drainage easement, collectively the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby
acknowledged, the City hereby grants to the Grantee permission to use the
Encroachment Area for the purpose of constructing and maintaining the Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING BULKHEAD &
WOOD WHARF FOR KYLE C. HARRISON I.N.
202203010977 LOCATED ON LOT 36, RESUBDIVISION
OF LOTS 35 & 36, AMENDED SUBDIVISION OF CAPE
HENRY SHORES, SECTION ONE M.B. 67, PG. 43 GPIN:
1590-70-6439 CITY OF VIRGINIA BEACH, VIRGINIA,"
Scale: 1" = 30', dated December 8, 2022, prepared by
Gallup Surveyors & Engineers, a copy of which is attached
hereto as Exhibit "A" and to which reference is made for a
more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
it is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
it is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain
a permit from the Civil Inspections Division of the Department of Planning prior to
commencing any construction within the Encroachment Area (the "Permit").
It is further expressly understood that any existing encroachments
referenced in the attached Exhibit or in this Agreement are the ongoing maintenance
3
obligation of the Grantee and the City disclaims any ownership interest or maintenance
obligation of such encroachments.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00 per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
4
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, KYLE C. HARRISON, the said Grantee, has
caused this Agreement to be executed by her signature. Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its
City Manager and its seal be hereunto affixed and attested by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
CITY OF VIRGINIA BEACH
By: (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20_, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 20 , by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
r 1
KYL . HARRI ON
STATE OF e9‘�
CITY/COUNTY OF 2/ � � , to-wit:
The foregoing instrument was acknowledged before me this day of
, 20-43, by Kyle C. Harrison.
(SEAL)
Not blic
Notary Registration Number: 7(/ ) 7 VICTORIA LEE CHO
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES AUG.31,2023
My Commission Expires: - i 010.13 _ COMMISSION 1 7613877
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
s b ;.
P+BOC WO REAL ESTATE A e HARMEYER
SENIOR CITY ATTORNEY
7
CURVE TABLE
CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD
C1 10'51'37" 595.00' 112.78' 56.56' S 75'53'50" E 112.61'
��1�ALTH OIL C2 12'56'25" 295.00' 66.63' 33.46' N 61'20'21" W 66.48'
l
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v DA Ili UTLER PIN c.No. 38395 INACCESSIBLEPINIQ 22INACCESSIBLE0NAL11;11C2 , 1
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25' OF 50' EASEMENT FOR Z r-0
DRAINAGE & USE OF LOT
OWNERS WITHIN THIS SUBDMSION Z4 • \
-
0 30 60 ePm6mme"%mmommummJ "- // \\ t1 0,
SEE SHEET 2 FOR DETAILS AND
SHEET 3 FOR ADJACENT OWNERS. LOT 36
'0 W' 2205 ADMIRAL CIRCLE \ --,
3 W 1Za
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EXHIBIT A
1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING
BENEFIT OF A TITLE REPORT. BULKHEAD & WOOD WHARF
2. THIS EXHIBIT IS INTENDED FOR AN FOR
ENCROACHMENT REQUEST ONLY. KYLE C. HARRISON
3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED I.N. 202203010977
FROM A PHYSICAL SURVEY PREPARED BY TIM LOCATED ON
FALLON LAND SURVEYING DATED APRIL 23, 2022. LOT 36, RESUBDIVISION OF LOTS 35 &36,
AMENDED SUBDIVISION OF CAPE HENRY SHORES,
GALLUP SECTION ONE
M.B. 67, PG. 43
SURVEYORS & ENGINEERS GPIN: 1590-70-6439
323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX Scale: 111=30' I Date: DEC. 8, 2022 I Sheet: 1 of 3
W:\Harrison,Kyle C.(KC)-2205 Admiral Circle\Drawings\22-21 Encroachment.dwg,4/5/2023 3:32:38 PM,11
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s0'�,�j''� ENCROACHMENT EXHIBIT SHOWING
4 ?, BULKHEAD &WOOD WHARF
"'' FOR
KYLE C. HARRISON
0 10 20 I.N. 202203010977
LOCATED ON
LOT 36, RESUBDIVISION OF LOTS 35 &36,
AMENDED SUBDIVISION OF CAPE HENRY SHORES,
GALLUP SECTION ONE
M.B. 67, PG. 43
SURVEYORS& ENGINEERS GPIN: 1590-70-6439
323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX Scale: 1"=10'1 Date: DEC. 8, 2022 I Sheet: 2 of 3
W:\Harrison,Kyle C.(KC)-2205 Admiral Circle\Drawings\22-21 Encroachment dwg,4/5/2023 3:32:39 PM,1:1
ADJACENT OWNER TABLE
KEY NOW OR FORMERLY INSTRUMENT PARCEL GPIN MB/PG
,O, VINCENT C. NOLAN & D.B. 2210, PG. 968 LOT 35 1590-70-7426 67/43
MARY T. NOLAN
,O, DANIEL M. LEAHEY & 20200501000377040 LOT 57 1590-70-5289 64/1
JOCELYN L. LEAHEY
THE EDWIN N. PLEASANTS
REVOCABLE LIVING TRUST
& THE OLGA H. 202100012081 LOT 56 1590-70-4394 64/1
PLEASANTS REVOCABLE
LIVING TRUST
(`' GREGORY M. GIBSON 20070105000020790 LOT 37 1590-70-5530 64/1
���p,LTH O�
O �j
EXHIBIT A
ENCROACHMENT EXHIBIT SHOWING
v DA p-VYIPC'ea
LER )' BULKHEAD & WOOD WHARF
• c.No. 38395 FOR
�o „G,g 1ww4 KYLE C. HARRISON
I.N. 202203010977
��SSI ��ti LOCATED ON
ANAL
LOT 36, RESUBDIVISION OF LOTS 35 & 36,
AMENDED SUBDIVISION OF CAPE HENRY SHORES,
14 GALLUP SECTION ONE
SURVEYORS & ENGINEERS M.B. 67, PG. 43
GPIN: 1590-70-6439
323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH,VIRGINIA 23454
(757)428-8132(757)425-2390 FAX Scale: NA I Date: DEC. 8, 2022 I Sheet: 3 of 3
W:\Harrison,Kyle C.(KC)-2205 Admiral Circle\Drawings\22-21 Encroachment.dwg,4/5/2023 3:32:39 PM,1:1
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LOCATION MAP
ENCROACHMENT REQUEST
FOR KYLE C. HARRISON
Legend �-��� 2205 ADMIRAL CIRCLE
City Property �,-, G P I N 1590-70-6439
C:3 1590-70-6439 �, =mom Feet
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The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board, commission or other body.
Applicant Disclosure
Applicant Name V (14[6'e_ L , i '-1
Does the applicant have a representative? YfYes ❑ No
• If yes, list the name of the representative.
1►\t 6Ciyys i�1
y
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes EeNo
• If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach
a list if necessary)
' "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§ 2.2-3101.
2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
1IPage
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4, .,ram • -
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action? ❑ Yes No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
('Yes ❑ No
• If yes, identify the financial�institutions.na
l r th►S f"►i S-i- !X
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑ Yes 2/No
• If yes, identify the real estate broker/realtor.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property? 0 Yes KrNo
• If yes, identify the firm or individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑ Yes Li No
• If yes, identify the firm or individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes L{d No
• If yes,identify the purchaser and purchaser's service providers.
2IPage
c.-: StatementVB
City of Vitvinia Batch
Planning & Community
, Development
‘ .
b. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property? 'Yes ❑ No
• If yes,identify the construction contractor.
�r) 0' o n re
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property? TrYes ❑ No
t If yes,identify the engineer/surveyor/agent.
--------1(3a Y442S 0,YI c{3 0 jyd et-, N is
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property? 0 Yes I1J No
• If yes,identify the name of the attorney or firm providing legal services.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
r'142_, CA
1,ii.,i''' /te V_Otititt.,ftJ
Applicant Signature
VJ k C-- '1---(),VI ItYn ......-- OVI.A"eAr 4,t, 1 t C AlfOrl\Pe\
Print Name and Title •
-7 1 )4- )6 a-)-,
Li/ al I( .;,,3
Date ,._,�
Is the applicant also the owner of the subject property? E Yes ❑ No
4) If yes,'you do not need to fill out the owner disclosure statement.
'FOR CITh'*JSE ONLY!'• I disclosures must be updated two t2}weeks prig oanyVlanning Commission and City Council meeting
that pertains ytp.fhe applications ,
❑ No changes as of Date Signature
Print Name
31Page
u
(%LL
J
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the City Manager to Execute a Memorandum of
Understanding with the Virginia Department of Historic Resources to Fund
Restoration Activities at the Historic Pleasant Ridge School, To Accept and
Appropriate Funding from the Virginia Department of Historic Resources,
and to Execute a Memorandum of Understanding with the Asbury Christian
Fellowship Church, Inc. Regarding Expenditure of Funding from the Virginia
Department of Historic Resources
MEETING DATE: June 6, 2023
• Background: The Virginia General Assembly authorized twenty-five thousand
dollars ($25,000) to be appropriated by the Virginia Department of Historic Resources
("DHR") to the City of Virginia Beach ("City") ("Funding") for the purpose of conducting
restoration activities at the historic Pleasant Ridge School ("School") located on property
owned by Asbury Christian Fellowship Church, Inc. ("Asbury Church") at 1392 Princess
Anne Road in Virginia Beach ("Project").
The DHR and the City are proposing to enter into a memorandum of understanding
("MOU") whereby the City will be the recipient of the Funding and will transfer the Funding
to Asbury Church for the Project.
The City and the Asbury Church are proposing to enter into a separate memorandum of
understanding ("Asbury Church MOU") whereby the City will provide the Funding to
Asbury Church for the purpose of conducting restoration activities at the School, and
Asbury Church will satisfy the City's reporting and other requirements under the MOU
between the City and DHR.
■ Considerations: Under the terms of the proposed MOU between the City and
DHR, the City will receive the Funding from DHR and the City will: 1) serve as a fiscal
conduit for the Project by receiving and transferring the Funding to the Asbury Church; 2)
ensure that Asbury Church submits the final Project report to DHR and the City within
thirty (30) days of expenditure of the Funding; and 3) ensure that the Asbury Church
maintains accurate records for the use of the Funding and retains the records for a
minimum of five (5) years from completion of the Project. The proposed MOU is for a term
of two years and may be renewed upon mutual written agreement of DHR and the City.
The proposed MOU does not require any additional or matching funds from the City.
The terms of the proposed Asbury Church MOU require Asbury Church to 1) use the
Funding exclusively for certain enumerated restoration activities at the School, including,
but not limited to, roof and sheathing replacement, gutter installation, repair and staining
floors, painting interior surfaces, interior windowsill repair, and installation of interior storm
windows; 2) submit a completed Project report to the City and DHR within thirty (30) days
of full expenditure of the Funding; and 3) maintain accurate records regarding the use of
the Funding, and retain such records for a minimum of five (5) years following completion
of the Project.
The attached MOU is specific to the allocation of revenue from the Virginia Department
of Historic Resources; however, local fund-raising events have occurred for the specific
purpose of supporting this restoration project. More specifically, the Creeds Ruritan would
like to contribute an estimated $3,000 toward this project following the same parameters
established through the MOU. Details of those specifics are not yet available and will be
forthcoming for City Council's consideration to accept and appropriate those funds
towards this project at a future date.
• Public Information: Normal Council agenda process.
• Attachments: Ordinance, Summary of Terms and Disclosure Form
Recommended Action: Approve
Submitting Department/Agency: Planning
City Manager•
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
3 THE VIRGINIA DEPARTMENT OF HISTORIC
4 RESOURCES TO FUND RESTORATION ACTIVITIES AT
5 THE HISTORIC PLEASANT RIDGE SCHOOL, TO ACCEPT
6 AND APPROPRIATE FUNDING FROM THE VIRGINIA
7 DEPARTMENT OF HISTORIC RESOURCES, AND TO
8 EXECUTE A MEMORANDUM OF UNDERSTANDING WITH
9 THE ASBURY CHRISTIAN FELLOWSHIP CHURCH, INC.
10 REGARDING EXPENDITURE OF FUNDING FROM THE
11 VIRGINIA DEPARTMENT OF HISTORIC RESOURCES
12
13 WHEREAS, the Virginia General Assembly authorized twenty-five thousand
14 dollars ($25,000) to be appropriated by the Virginia Department of Historic Resources
15 ("DHR") to the City of Virginia Beach ("City") ("Funding") for the purpose of conducting
16 restoration activities at the historic Pleasant Ridge School ("School") located on property
17 owned by Asbury Christian Fellowship Church, Inc. ("Asbury Church") at 1392 Princess
18 Anne Road in Virginia Beach ("Project"); and
19
20 WHEREAS, the DHR and the City are proposing to enter into a memorandum of
21 understanding ("MOU") whereby the City will be the recipient of the Funding and will
22 transfer the Funding to Asbury Church for the Project; and
23
24 WHEREAS, under the terms of the proposed MOU between DHR and the City,
25 the City will receive the Funding from DHR and the City will: 1) serve as a fiscal conduit
26 for the Project by receiving and transferring the Funding to the Asbury Church; 2)
27 ensure that Asbury Church submits the final Project report to DHR and the City within
28 thirty (30) days of expenditure of the Funding; and 3) ensure that the Asbury Church
29 maintains accurate records for the use of the Funding and retains the records for a
30 minimum of five (5) years from completion of the Project; and
31
32 WHEREAS, the City and the Asbury Church are proposing to enter into a
33 separate memorandum of understanding ("Asbury Church MOU") whereby the City will
34 provide the Funding to Asbury Church for the purpose of conducting restoration
35 activities at the School, and Asbury Church will satisfy the City's reporting and other
36 requirements under the MOU between the City and DHR; and
37
38 WHEREAS, the terms of the proposed Asbury Church MOU require Asbury
39 Church to 1) use the Funding exclusively for certain enumerated restoration activities at
40 the School, including, but not limited to, roof and sheathing replacement, gutter
41 installation, repair and staining floors, painting interior surfaces, interior windowsill
42 repair, and installation of interior storm windows; 2) submit a completed Project report to
43 the City and DHR within thirty (30) days of full expenditure of the Funding; and 3)
44 maintain accurate records regarding the use of the Funding, and retain such records for
45 a minimum of five (5) years following completion of the Project; and
46
47 WHEREAS, neither MOU requires an additional or matching donation from the
48 City.
49
50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
51 VIRGINIA BEACH, VIRGINIA, THAT:
52
53 1. The City Manager is hereby authorized to execute a Memorandum of
54 Understanding with the Virginia Department of Historic Resources for the
55 purpose of conducting restoration activities at Pleasant Ridge School located on
56 property owned by Asbury Christian Fellowship Church, Inc., in accordance with
57 the Summary of Terms, attached hereto as Exhibit A, and other such terms,
58 conditions and modifications as may be acceptable to the City Manager and in a
59 form deemed satisfactory by the City Attorney.
60
61 2. A $25,000 donation is hereby accepted from the Virginia Department of Historic
62 Resources and appropriated, with miscellaneous revenue increased accordingly,
63 to the FY 2022-23 Operating Budget Consolidated Grant Fund for the purpose of
64 funding restoration activities at Pleasant Ridge School located on property owned
65 by Asbury Christian Fellowship Church, Inc., in accordance with the
66 Memorandum of Understanding authorized in Enactment 3 infra.
67
68 3. The City Manager is hereby authorized to execute a Memorandum of
69 Understanding with Asbury Christian Fellowship Church, Inc. to fund restoration
70 activities at Pleasant Ridge School, in accordance with the Summary of Terms,
71 attached hereto as Exhibit B, and other such terms, conditions and modifications
72 as may be acceptable to the City Manager and in a form deemed satisfactory by
73 the City Attorney
74
75 Adopted by the Council of the City of Virginia Beach, Virginia on the day
76 of June, 2023.
77
78 Requires the affirmative vote of a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.
PI ,‘(,(A/„.e_Th k___Neto
g City Attorney's Office'
APPROVED AS TO CONTENT:
, . ..0 ri•i�I�•-
epartmeri of =udget and Management
Services
CA16174
R-1
May 24, 2023
EXHIBIT A
SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU")
PARTIES: The City of Virginia Beach("City")
The Virginia Department of Historic Resources ("DHR")
TERM: The term is for two (2) years from the effective date of the MOU and may
be extended upon mutual written agreement of the parties.
PURPOSE: The City will act as a fiscal conduit for twenty-five thousand dollars
($25,000) ("Funding") to be appropriated by DHR to the City. The City
will transfer the Funding to Asbury Christian Fellowship Church, Inc.
("Asbury Church") for the purpose of conducting restoration activities at
the historic Pleasant Ridge School ("School") owned by Asbury Church in
Virginia Beach("Project").
TERMS: The MOU requires DHR to:
• Transfer Funding to the City upon full execution of the MOU, but no
later than June 30, 2023.
• Authorize and instruct the City to transfer the Funding to Asbury
Church.
The MOU requires the City to:
• Serve as a fiscal conduit for the Project by receiving and transferring the
Funding to the Asbury Church.
• Ensure that Asbury Church submits the final Project report to DHR and
the City within thirty (30) days of expenditure of the Funding.
• Ensure that the Asbury Church maintains accurate records for the use of
the Funding and retains the records for a minimum of five(5)years from
completion of the Project
The MOU does not require an additional or matching donation from the City.
EXHIBIT B
SUMMARY OF TERMS OF MEMORANDUM OF UNDERSTANDING ("MOU")
PARTIES: The City of Virginia Beach("City")
Asbury Christian Fellowship Church, Inc. ("Asbury Church")
TERM: The term is for a period of two(2)years from the effective date of the MOU
and may be extended upon mutual written agreement of both parties.
PURPOSE: The City will provide twenty-five thousand dollars ($25,000) ("Funding")
from the Virginia Department of Historic Resources ("DHR") to Asbury
Church for the purpose of conducting restoration activities at the historic
Pleasant Ridge School ("School") located on property owned by Asbury
Church in Virginia Beach ("Project"). Asbury Church will satisfy the
City's reporting and other requirements under the MOU between the City
and DHR.
TERMS: The MOU requires the City to:
• Pay the Funding to Asbury Church upon receipt of the Funding from
DHR and full execution of the MOU between the City and Asbury
Church.
The MOU requires Asbury Church to:
• Use the Funding exclusively for restoration activities at the School,
including, but not limited to, roof and sheathing replacement, gutter
installation,repair and staining floors,painting interior surfaces,interior
windowsill repair, and installation of interior storm windows.
• Submit a completed Project report to the City and DHR within thirty
(30) days of full expenditure of the Funding.
• Maintain accurate records regarding the use of the Funding, and retain
such records for a minimum of five (5) years following completion of
the Project.
\fi:3
Virginia Beach
APPLICANT'S NAME: Asbury Christian Fellowship
Church, Inc.
DISCLOSURE STATEMENT FORM
The completion and submission of this form is required for all applications
that pertain to City real estate matters or to the development and/or use of
property in the City of Virginia Beach requiring action by the City Council or
a board, commission, or other body appointed by the City Council. Such
applications and matters include, but are not limited to, the following:
Acquisition of Property Disposition of City Modification of
by City Property Conditions or Proffers
Alternative Economic Development Nonconforming Use
Compliance, Special Investment Program Changes
Exception for (EDIP)
Board of Zoning Encroachment Request Rezoning
Appeals
Certificate of Floodplain Variance
Appropriateness Street Closure
(Historic Review Board) Franchise Agreement
Chesapeake Bay
Preservation Area Lease of City Property Subdivision Variance
Board
Conditional Use Permit License Agreement Wetlands Board
The disclosures contained in this form are necessary to inform
public officials who may vote on the application as to whether
they have a conflict of interest under Virginia law.
SECTION 1 / APPLICANT DISCLOSURE
[TOR CITY USE ONLY I All disclosures must oe updated two(2)weeks prior to any ' Page 1 of 5
Plannin Commission and City Council nieetin.i that pertains to the a.'.ilication(s).
APPLICANT NOTIFIED OF HEARING DATE:
la NO CHANGES AS OF DATE:
a REVISIONS SUBMITTED DATE:
Air
Virginia Beach
❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business,
or other unincorporated organization.
X❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or
other unincorporated organization.
(A) List the Applicant's name:_ Asbury Christian Fellowship Church, Inc.
If an LLC, list all member's names:
If a CORPORATION, list the the names of all officers, directors, members,
trustees, etc. below: (Attach list if necessary)
Chasta Mangum, Chairman, Trustee; Georgia F. Alien, Trustee, Brookie
Eastman, Trustee
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2
relationship with the Applicant: (Attach list if necessary)
N/A
See next page for information pertaining to footnotes' and 2
SECTION 2 / PROPERTY OWNER DISCLOSURE
Complete Section 2 only if property owner is different from Applicant.
❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm,
business, or other unincorporated organization.
X� Check here if the PROPERTY OWNER IS a corporation, partnership, firm,
business, or other unincorporated organization, AND THEN, complete the
following.
(A) List the Property Owner's name:
If an LLC, list the member's
Page 2 of 5
Virginia Beath
names:
If a Corporation, list the names ofall officers, directors, members, trustees,
etc. below: (Attach list if necessary)
Chasta Mangum, Chairman, Trustee, Georgia F. Allen, Trustee, Brookie
Eastman, Trustee
(B) List the businesses that have a parent-subsidiary 1 or affiliated business entity
2 relationship with the Property Owner: (Attach list if necessary)
N/A
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 Local Government Conflict of Interests Act, Va. Code § 2.2-3101
SECTION 3. SERVICES DISCLOSURE
Are any of the following services being provided in connection with the subject of the
application or any business operating or to be operated on the Property. If the answer to
any item is YES, please identify the firm or individual providing the service: IF THE OWNER
AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY
Page 3 of 5
r -
111110
Virginia Beach
YES NO SERVICE PROVIDER (use additional sheets if
needed)
Accounting and/or preparer of N/A
your tax return
Architect/ Landscape Architect/ Pending - estimates and
Land Planner proposal.
Contract Purchaser (if other than N/A
[�s the Applicant) - identify purchaser
and purchaser's service providers
Any other pending or proposed N/A
purchaser of the subject property
4-4 (identify purchaser(s) and
purchaser's service providers)
E U Construction Contractors N/A
13 c Engineers / Surveyors/ Agents N/A
Financing (include current None
iz) mortgage holders and lenders
selected or being considered to
provide financing for acquisition
or construction of the property)
El U Legal Services N ffc
Real Estate Brokers / N/A
U Agents/Realtors for current and
anticipated future sales of the
subject property
SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR
EMPLOYEE
YES NO Does an official or employee of the City of Virginia Beach have
an interest in the subject land or any proposed development
contingent on the subject public action?
If yes, what is the name of the official or employee and what is the nature of the
interest? NO
Page 4 of 5
Virginia Bearh
CERTIFICATION:
I certify that all of the information contained in this Disclosure Statement Form is
complete, true, and accurate.
I understand that, upon receipt of notification that the application has been scheduled
for public hearing, I am responsible for updating the information provided herein
two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting
of any public body or committee in connection with this Application.
)11,14,0,124AA..—7fus4,ie_ Lhasf., I‘AckAnst.livl APPLI NT'S SIGNATURE 0 PRINT NAME D E iii
its A r I S IIG A - 1; 6/Ael‘ k'cSDLA4Alebviiti4tAil c 1 QA � aid0
PROPERTY WNER'S SIGNATURE PRINT NE I DATE43
Page 5 of 5
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Accept and Appropriate $1,919,161 from the Virginia Office of
Children's Services and to Transfer $695,569 within the Department of Human
Services for the Children's Services Act Program
MEETING DATE: June 6, 2023
• Background: In 1992, the Virginia General Assembly enacted the Children's
Services Act (the "CSA"). The mission of the CSA is to create a collaborative system of
services and funding that is child-centered, family-focused, and community-based when
addressing the strengths and needs of troubled and at-risk youth and their families.
The City's CSA program is part of the Department of Human Services, and it operates
under the guidelines of the Virginia Office of Children's Services (the "OCS"). The local
governing board for the CSA program is the Community Policy and Management Team
(the "CPMT"). The program receives an annual allocation of funding from the
Commonwealth through the OCS. A local match is required, and this amount varies based
on the category of services being provided and the volume of services needed to serve
the children within each fiscal year. In total, the budget for the City's CSA is $13.9 million
in FY 2022-23, which was based upon FY 2020-21 actual expenditures.
If costs exceed the budget, additional appropriations can be made to local CSA programs
through a supplemental request process. This arrangement ensures that all children in
need of services can be accommodated. CSA expenditures have increased by over 40%
compared to FY 2021-22 due to increased program utilization and increased rates. Based
upon an analysis of program spending by CSA staff, the CPMT has reviewed and
approved a supplemental funding request to OCS. The total cost of the increase is
$2,614,730. The Commonwealth's portion is $1,919,161, and the balance ($695,569) is
the required local match.
• Considerations: The OCS has approved the City's request for supplemental
funding. The funds for the required local match will be provided from within the
Department of Human Services.
• Public Information: Normal Council Agenda process.
• Recommendations: Adopt the attached ordinance.
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Managerf,i7
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $1,919,161 FROM THE VIRGINIA OFFICE OF CHILDREN'S
3 SERVICES AND TO TRANSFER $695,569 WITHIN THE
4 DEPARTMENT OF HUMAN SERVICES FOR THE
5 CHILDREN'S SERVICES ACT PROGRAM
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA, THAT:
9
10 1. $1,919,161 is hereby accepted from the Virginia Office of Children's
11 Services and appropriated, with revenue from the Commonwealth
12 increased accordingly, to the FY 2022-23 Operating Budget of the
13 Department of Human Services for the Children's Services Act Program.
14
15 2. $695,569 is hereby transferred within the FY 2022-23 Operating Budget of
16 the Department of Human Services for the required local match.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2023.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
_
Budget and Management Services ttor ey's Office
CA16179
R-1
May 25, 2023
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: An Ordinance to Accept and Appropriate Funds for the Companion Services
Program and to Authorize a Local Match
MEETING DATE: June 6, 2023
• Background: The Companion Services Program provides support for independent
activities in daily living to income-eligible older and disabled adults. The program offers
services such as light housekeeping, meal preparation, laundry, and errands. The
support allows the adults to remain in the community for as long as possible.
• Considerations: Additional funding of $33,760 has been approved by the Virginia
Department of Social Services. These funds are intended to pay for costs resulting from
market increases for providers and to remain competitive. The attached ordinance
accepts these additional funds from the Commonwealth and authorizes a local match of
$8,440, will allow program expenditures to increase $42,200. The local match is available
within the Department of Human Services budget.
• Public Information: Normal Council Agenda process.
• Recommendations: Approve the attached ordinance
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manager/OW
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 FOR THE COMPANION SERVICES PROGRAM AND TO
3 AUTHORIZE A LOCAL MATCH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1. $33,760 is hereby accepted from the Virginia Department of Social Services and
9 appropriated, with revenue from the Commonwealth increased accordingly, to the
10 Fiscal Year 2022-23 Operating Budget of the Department of Human Services to
11 support the Companion Services Program that provides support for independent
12 activities in daily living to income-eligible older and disabled adults.
13
14 2. A local match of $8,440 from available funds within the Department of Human
15 Services is hereby authorized.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2023.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
udget and anagement Services y ttor ey's O ice
CA16178
R-1
May 24, 2023
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds for Substance Abuse
Prevention and Treatment
MEETING DATE: June 6, 2023
• Background: The Virginia Department of Behavioral Health and Developmental
Services (DBHDS) provides funds to the Department of Human Services (DHS) that are
intended to support efforts to prevent and treat substance abuse disorders. DHS deploys
an array of strategies including information dissemination, education, and community
capacity building. These strategies are guided by the Commonwealth's Strategic
Prevention Framework planning model.
• Considerations: DBHDS has provided $3,100 in one-time Substance Abuse
Prevention and Treatment Block Grant funds from the Commonwealth's American
Rescue Plan Act allocation. These funds are intended to support ongoing efforts by DHS
to prevent and treat substance abuse disorders. There is no local match required.
• Public Information: Normal Council Agenda process.
• Recommendations: Adopt the attached ordinance
• Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Human Services
City Manager: Mp
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS FOR SUBSTANCE ABUSE PREVENTION AND
3 TREATMENT
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 $3,100 is hereby accepted from the Virginia Department of Behavioral Health and
9 Developmental Services and appropriated, with revenue from the Commonwealth
10 increased accordingly, to the Fiscal Year 2022-23 Operating Budget of the Department
11 of Human Services to support substance abuse prevention and treatment.
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2023.
Requires an affirmative vote by a majority of all the members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4/siv /
•
Budget and Management Services tt rney s Office
CA16175
R-1
May 25, 2023
L. PLANNING
1. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY / CITY OF VIRGINIA
BEACH DEVELOPMENT AUTHORITY & YCH, LLC for a Modification of Proffers to a
Conditional Rezoning re amend the design and development guidelines at the parcels between
2009 Hudome Way to Tournament Drive and parcel on the southeast corner of Princess Anne
Road and Tournament Drive DISTRICT 2 Approved December 13, 2016 (Deferred from April
4, 2023)
RECOMMENDATION: APPROVAL
2. WHITT G. SESSOMS, III & TERESA E. SESSOMS for a Change in Nonconformity re
expansion of dwelling at 109 43rd Street DISTRICT 6
RECOMMENDATION: APPROVAL
3. COMMONWEALTH AUTO GROUP, INC / BAYSIDE PROPERTIES, LLC for
Modification of Conditions to a Conditional Use Permit re motor vehicle sales & rentals at
4873 Haygood Road DISTRICT 9
RECOMMENDATION: APPROVAL
4. GIGGLEMUG MARKET,LLC/ST.FRANCIS EPISCOPAL CHURCH for a Conditional
Use Permit re open air market at 509 South Rosemont Road DISTRICT 3
RECOMMENDATION: APPROVAL
5. KELLY PEPPER/KELLY&DAVID PEPPER for a Conditional Use Permit re family day-
care home at 2132 Teasdale Drive DISTRICT 5
RECOMMENDATION: APPROVAL
6. NANCY G. BRAITHWAITE for a Conditional Use Permit re bulk storage yard at 520
Oceana Boulevard DISTRICT 6
RECOMMENDATION: APPROVAL
7. Ordinances to ADD Article 24 to the City Zoning Ordinance (CZO) and AMEND City Zoning
Ordinance (CZO) Section 102 re establish the Pembroke SGA Overlay District-Western
Campus
RECOMMENDATION: APPROVAL
8. Ordinance to AMEND City Zoning Ordinance (CZO) Section 202 re flood zone height
requirements
RECOMMENDATION: APPROVAL
9. Ordinance to AMEND the Virginia Beach Comprehensive Plan 2016 re incorporate Flood
Resiliency Toolkit and Commercial Area Pattern Book
RECOMMENDATION: APPROVAL
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NOTICE OF PUBLIC HEARING
A Public Hearing of the Virginia Beach City Council will be held on Tuesday,June 6,
2023 at 6:00 p.m. in the Council Chamber at City Hall, 2nd Floor at 2401
Courthouse Drive,Building 1,Virginia Beach,VA 23456.Members of the public will
be able to observe the City Council meeting through livestreaming on
www.vbgov.com,broadcast on VBTV,and via WebEx.Citizens who wish to speak
can sign up to speak either in-person at the Council Chamber or virtually via WebEx
by completing the two-step process below.All interested parties are invited to
observe.
If you wish to make comments virtually during the public hearing,please follow the
two-step process provided below:
1. Register for the WebEx at:
nttms://vbgov.webex.com/webli nk/register/r893ec02f2bb3f 18f3f09dc0e
9b0e0819
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00
p.m.on June 6,2023.
The following requests are scheduled to be heard:
City of Virginia Beach Development Authority(Applicant) City of Virginia Beach
Development Authority&YCH, LLC (Property Owners) Modification of Proffers
Address:Parcels between 2009 Hudome Way to Tournament Drive,&parcel on
the southeast corner of Princess Anne Road & Tournament Drive GPIN(s):
1494459345,Portion of 1494170763,1494086398 City Council:District 2
Whitt G.Sessoms,Ill&Teresa E.Sessoms(Applicants&Property Owners)Change
in Nonconformity (Expansion of Dwelling) Address: 109 43rd Street GPIN(s):
2418963673 City Council:District 6
Commonwealth Auto Group, Inc (Applicant) Bayside Properties, LLC (Property
Owner)Modification of Conditions(Motor Vehicle Sales&Rentals)Address:4873
Haygood Road GPIN(s):1478142890 City Council:District 9
Gigglemug Market,LLC(Applicant)St.Francis Episcopal Church(Property Owner)
Conditional Use Permit(Open Air Market)Address:509 S Rosemont Road GPIN(s):
1486680782 City Council:District 3
Kelly Pepper(Applicant)Kelly&David Pepper(Property Owners)Conditional Use
Permit (Family Day-Care Home) Address: 2132 Teasdale Drive GPIN(s):
2414498012 City Council:District 5
Nancy G.Braithwaite(Applicant&Property Owner)Conditional Use Permit(Bulk
Storage Yard)Address:520 Oceana Boulevard GPIN(s):2416296553 City Council:
District 6
City of Virginia Beach-An Ordinance to amend Section 102 of the City Zoning
Ordinance establishing the Pembroke SGA Overlay District-Western Campus and
an Ordinance to add Article 24 to the City Zoning Ordinance to add the Pembroke
SGA Overlay District-Western Campus
City of Virginia Beach-An Ordinance to amend Section 202 of the City Zoning
Ordinance pertaining to flood zone height requirements
City of Virginia Beach-An Ordinance to amend the Virginia Beach Comprehensive
Plan 2016 with the addition and inclusion of the Flood Resiliency Toolkit and
Commercial Area Pattern Book
Copies of the proposed plans,ordinances,amendments and/or resolutions are on
file and may be examined by appointment in the Planning Department at
2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at
www.vbgov.com/pc. For information call 757-385-4621. Staff Reports will be
available on the webpage 5 days prior to the meeting.
If you require a reasonable accommodation for this meeting due to a disability,
please call the City Clerk's Office at 757-385-4303.If you are hearing impaired,
you can contact Virginia Relay at 711 for TDD service. The meeting will be
broadcast on cable TV.www.vbgov.com and Facebook Live.
Please check our website at www.vbgov.com/government/departments/city-
clerk/city-council for the most updated meeting information.
All interested parties are invited to participate.
Amanda Barnes,MMC
City Clerk
BEACON-MAY 21,2023&MAY 28,2023-1 TIME EACH
97
Item
PLANNING ITEM#66636
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED, AS
PROFFERED, BY CONSENT: Ordinance upon application of VIRGINIA BEACH DEVELOPMENT
AUTHORITY/CITY OF VIRGINIA BEACH for Conditional Change of Zoning from AG-1 and AG-2
Agricultural Districts to Conditional I-1 Light Industrial District re Virginia Beach Biomedical Park
land at the Northeast corner of Landstown Road and Landstown Centre Way and property adjacent to the
South side of Princess Anne Road between Winterberry Lane and Tournament Drive DISTRICT 7 —
PRINCESS ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VIRGINIA BEACH DEVELOPMENT
AUTHORITY/CITY OF VIRGINIA BEACH for Conditional Change of
Zoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1
Light Industrial District re Virginia Beach Biomedical Park land at the
Northeast corner of Landstown Road and Landstown Centre Way and
property adjacent to the South side of Princess Anne Road between
Winterberry Lane and Tournament Drive (GPINs 1484882692,
148487999(portion of), 1494277224, 1494278187, 1494279027,
1494266816, 1494273399, 1494455995, 1494457855 ti 1494459734
DISTRICT 7 PRINCESS ANNE
The following conditions shall be required:
An Agreement encompassing Proffers shall he recorded with the Clerk of the Circuit Court.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Thirteenth day of December,
Two Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye.'
M. Benjamin Davenport, Robert M. Dyer, Barbara M. Henley, Vice
Mayor Louis R. Jones, Shannon DS Kane, John D. Moss, Amelia N.
Ross-Hammond, Mayor William D. Sessoms, Jr., John E. Uhrin and
Rosemary Wilson
Council Members Absent:
James L. Wood
December 13, 2016
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CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY [Applicant] CITY
OF VIRGINIA BEACH DEVELOPMENT AUTHORITY & YCH, LLC [Property
Owners] Modification of Proffers to a Conditional Rezoning (To Amend the
Design and Development Guidelines) for the parcels between 2009 Hudome
Way to Tournament Drive, and the parcel on the southeast corner of
Princess Anne Road and Tournament Drive (GPINs 1494459345, Portion of
1494170763, 1494086398). COUNCIL DISTRICT 2
MEETING DATE: June 6, 2023
• Background:
The application was deferred by the City Council on April 4, 2023, in order to
provide the applicant time to engage with the community on the proposal. In
December 2016, City Council approved the rezoning request of 146 acres from
AG-1 & AG-2 Agricultural Districts to Conditional I-1 Light Industrial District for the
establishment of the Princess Anne Commons Biomedical Park. The Park was
intended to support medical and research institutions. The Park has been mostly
vacant, due in large part to the change in market demands for this industry. The
applicant is seeking to amend the Proffer Agreement and the Design and
Development Guidelines to expand the Park's focus to research, education,
technology, manufacturing, finance, business, and other commercial uses while
ensuring that future development will be of a high quality design and include site
elements that will contribute to the ultimate goal of creating a park-like setting.
The proposed revisions will apply to 113 of the total 146 acres, since the remaining
parcels opted to remain under the 2016 Design and Development Guidelines.
The new Design and Development Guidelines seek to:
• change the name of the Park from "Princess Anne Commons Biomedical
Park" to "Innovation Park",
• update photos/illustrations,
• reduce redundancy and better align the document with current codes and
requirements,
• permit more flexibility with new and innovative materials and construction
methods, and
• provide more guidance on light industrial and advanced manufacturing
building types.
City of Virginia Beach Development Authority
Page 2 of 4
• Considerations:
The Planning Commission concurs with Staff that the request to update the Design
and Development Guidelines for the Park is acceptable. Overall, the new Design
and Development Guidelines provide improved screening requirements and allow
greater flexibility with building materials, while retaining guidelines to ensure the
Park develops into an attractive "park-like" setting with continuity of open spaces
from the surrounding Princess Anne Commons. The new Design and Development
Guidelines will simplify the review process for developments within the Park, which
aligns with current codes and regulations.
If the design criteria update is not adopted, opportunities to grow and diversify the
local economy could be missed by the current design requirements. The updated
design and development guidelines would create a more marketable Park in this
region.
In January 2023, a letter was sent to the two non-VBDA property owners explaining
the update and giving them the opportunity to be a party to this application. YCH,
LLC requested to be a co-applicant, while the other owner was not interested and
will follow the former 2016 Design and Development Guidelines.
The application was presented to the TA/ITA Committee on March 2, 2023.
Although the Committee raised concerns over the overall change in the vision for
the park, no definitive action was taken. The applicant met with the Committee
again on March 30, 2023 prior to the April 4, 2023 City Council Hearing to discuss
the application further at which time, the Committee voted in opposition of the
application by a recorded vote of 6-1 . The applicant also attended the TA/ITA
Committee meeting on May 4, 2023, to further engage the group and to address
concerns raised in the March 31, 2023 letter from the TA/ITA Committee
addressed to the City Council. The applicant provided information about the shift
from a Biomedical Park to Innovation Park and answered questions. During that
meeting, the Committee expressed the need to protect the viewshed from Princess
Anne Road. On May 22, 2023, the applicant responded to the feedback received
by the TA/ITA Committee and made minor adjustments to the Design and
Development Guidelines to address the viewshed from Princess Anne Road.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. One letter of concern was received from the
TA/ITA Committee with concerns related to stormwater, transparency of the
application, unsightly aesthetic standards, and incompatible use.
• Recommendation:
On March 8, 2023, the Planning Commission passed a motion to recommend
approval of this request by a vote of 7 to 0.
City of Virginia Beach Development Authority
Page 3 of 4
Proffers:
Proffer 1:
The Property is hereby removed and released from the Existing Proffers and said
Property will now be subject to the proffers contained herein.
Proffer 2:
Excluding the Property specifically described on Exhibit A, the remaining parcels
of land located within the Innovation Park and not owned by the Applicants shall
remain subject to the Existing Proffers, which remain in full force and affect.
Proffer 3:
Further conditions may be required by the City during detailed Site Plan review
and administration of applicable City codes by all City agencies and departments.
Proffer 4:
Fencing on the Property, other than for screening purposes and where it is
necessary for the security of certain facilities or necessary to funnel visitors to
designated entry points, is prohibited. The VBDA shall approve all proposed fences
for material, color, location, coupled plantings and overall impact.
Proffer 5:
Temporary facilities, other than construction related facilities, shall not be permitted
within the front yards and when located in the rear yards, shall be removed
immediately upon completion of the permanent facility.
Proffer 6:
All loading/service, refuse, outdoor storage and staging areas must be concealed
from public right-of-way view to the greatest extent possible and located at the rear
of the building. Year-round screening may consist of walls and plant materials.
Wall screening materials must be compatible with the primary structure. The extent
of the screen wall and plantings shall be subject to VBDA approval.
Proffer 7:
Those uses permitted in I-1 are permitted on the Property. Those uses requiring a
Conditional Use Permit from City Council shall continue to do so.
Proffer 8:
The Innovation Park Design and Development Guidelines, dated January 2023, is
attached hereto as Exhibit B and incorporated herein by reference for additional
specifications, conditions and requirements related to design requirements,
improvements by VBDA, site design, parking, fencing, landscape and plantings,
signage, building design, building materials and palette, and exterior lighting in the
Innovation Park.
City of Virginia Beach Development Authority
Page 4 of 4
• Attachments:
Staff Report and Disclosure Statements
Proposed Design and Development Guidelines - Innovation Park - January 2023
Detailed List of Changes
Location Map
Proffer Agreement
Minutes of Planning Commission Hearing
Design and Development Guidelines - Princess Anne Commons Biomedical Park
— November 2016
Letter of Concerns from TA/ITA CAC
Responses to TA/ITA CAC Letter
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department
City Manager: Ay
Applicant City of Virginia Beach Development Authority Agenda Item
Property Owners City of Virginia Beach Development
Authority & YCH, LLC
City of Planning Commission Public Hearing March 8, 2023 2
Virginia Beach City Council District 2, formerly Princess Anne
Request
Modification of Proffers (To Amend the Design
and Development Guidelines)
Staff Recommendation ` N,Moy'`�
Approval A -I/ 411 � /� ,,R
Staff Planners m
Hoa N. Dao & Marchelle Coleman r • *N
INFLOYVE' ‘ ilrale
TWIN
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Location
' P4r11
Parcels between 2009 Hudome Way to
rE 111
1.
.111111k
Tournament Drive, & parcel on the southeast �,
corner of Princess Anne Road and Tournament Z stir
Drive o <73 <2
GPINs �°
1494459345, Portion of 1494170763, ck4 ,q
1494086398 `` ® 4b
Site Size
+/- 113 acres / ,
AICUZ
65-70 dB DNL, 70-75 dB DNL
Watershed
Southern Rivers r _ 4" a
4 ... '"sit„ - , .,..„„, ,i*, ,, ....,-it, ,,.,-
4.
1 Jaws..» ,. t r ' • ''
Existing Land Use and Zoning District :� - -• R •T
Cultivated field, wooded areas, office (approved • , ,rR r .�:r
_
site plan)/ I-1 Light Industrial - " _.1t
Surrounding Land Uses and Zoning Districts • ' {
North - . �`" -,
Princess Anne Road . _ 4E:
Single-family dwellings, wooded parcels/AG-2 .�, ; � = ••••r,� • ' -'p.: 7"ir* t•,
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West =� X:r.
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Manufacturer, medical office/ I-1 Light
Industrial, B-2 Community Business
City of Virginia Beach Development Authority
Agenda Item 2
Page 1
Background & Summary of Proposal
• In December 2016, City Council approved a rezoning request of approximately 146 acres from AG-1 &AG-2
Agricultural Districts to Conditional I-1 Industrial District for the establishment of the Princess Anne Commons
Biomedical Park (Park). It was envisioned that the rezoning of the property would assist the Virginia Beach
Development Authority(VBDA) in marketing the site as the "VA Beach Bio Research Park" (Bio Park) to support
medical and research institutions. As part of this Conditional Rezoning Agreement, the applicant established Design
and Development Guidelines to ensure the Park would be attractive and developed cohesively. Ultimately, the
planned Bio Park did not align with market demands, leaving the majority of the Park vacant.
• In response to recent growth in other industry sectors, the applicant seeks to amend the Proffer Agreement and
Design and Development Guidelines to expand the Park's focus to research, education, technology, manufacturing,
finance, business, and other commercial uses.
• The proposed revision to the Design and Development Guidelines would apply to approximately 113 of the total 146
acres as depicted in the Site Layout Plan on Page 9 of this report. The remaining portion of the Park would remain
under the 2016 Guidelines.
• The new Design & Development Guidelines seek to:
o change the name of the Park from "Princess Anne Commons Biomedical Park" to "Innovation Park",
o update photos/illustrations,
o reduce redundancy and better align the document with current codes and requirements,
o permit more flexibility with new and innovative materials and construction methods, and
o provide more guidance on light industrial and advanced manufacturing building types.
• Letters were mailed to property owners within the Park to allow them an opportunity to be party to this application.
One property owner, YCH, LLC, accepted.
• The Park is located within the 65-70 and 70-75 dB DNL noise zone of the AICUZ and within the Interfacility Traffic
Area (ITA).
• The applicant appeared before the Transition Area / Interfacility Traffic Area Committee (TA/ITA) on March 2, 2023,
to brief the Committee on the proposal. The Committee raised concerns over the changes to the Design Criteria and
Development Guidelines and the overall change in the vision for the Park. No definitive decision was made, and no
vote was taken.
City of Virginia Beach Development Authority
Agenda Item 2
Page 2
Zoning History
•2 , so # Request
Kr ", � 1 CRZ(AG-1&2 to Conditional 0-1)Approved 10/18/2022
:itav � R1a; CUP(Housing for Seniors)Approved 10/18/2022
`l�j '�, 2 CUP(Tattoo Parlor)Approved 02/15/2022
e �t AG2 . •,• �•::� CUP(Outdoor Recreational Facility)Approved 02/28/2012
4: _ �s • CUP(Indoor Recreational Facility)Approved 11/23/2010
6_
•
/ " R10 ' 4 CRZ(AG-1&2 to Conditional B-2)Approved 08/22/2006
N's, z 4 .� 3 MDP Approved 11/20/2018
pp
.4ti ° - CRZ AG-1 to Conditional R-10 Approved F- � ,y� � ( ) 11/20/2018
AG2 2 CRZ(AG-1&2 to Conditional R-10)Approved 01/05/2016
o. �,, 4 CRZ(AG-1&2 to Conditional I-1)Approved 12/13/2016
R 5 CRZ(AG-1 to Conditional B-2)Approved 02/03/2009
CUP(Recreational Facilities)Approved 02/03/2009
AGt CUP(Outdoor Recreational Facility)Approved 03/14/2000
REZ(0-2, B-2, R-10, P-1, H-1 to Conditional AG-1)Approved
of 05/27/1997
6 CUP(Outdoor Recreational Facilities)Approved 05/27/1997
7 CUP(Communication Tower)Approved 12/03/1996
Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Evaluation & Recommendation
The request to update the Design and Development Guidelines for Innovation Park, formerly Bio Park, in Staffs opinion,
is acceptable. The current Design and Development Guidelines are outdated and no longer align with the development
pattern originally envisioned for the Park. Other property owners within the Park were informed of the request to
update the design guidelines and chose not to be included with this request. Those properties will remain under the
existing Design Guidelines adopted in 2016.
Overall,the new Design and Development Guidelines provide improved screening requirements and allow greater
flexibility with building materials, while retaining guidelines to ensure the Park develops into an attractive "park-like"
setting with continuity of open spaces from the surrounding Princess Anne Commons.
Description of Change(s) 2016 Design Guidelines Updated Design Guidelines
Reference Page Number(s) Reference Page Number(s)
Updated: Business Park name change from "Princess Cover Cover
Anne Commons Biomedical Park"to the "Innovation
Park"
Updated: Imagery& Document Design New and updated all all
photos to better illustrate the current developments in
Princess Anne and the Innovation Park. More user-
friendly,visually compelling, and organized document.
Updated: Table of Contents Page Three sections: Four sections:
• Introduction • Introduction
• Site Planning • Site Design
• Building Design • Building Design
• Review by VBDA
City of Virginia Beach Development Authority
Agenda Item 2
Page 3
Updated: Princess Anne Commons Map and Innovation 1-2 and 1-3 4 and 5
Park Map
SEC. 1 INTRODUCTION 1-1, 1-2 and 1-3 3, 6
New: 1.1 Innovation Park specific background and
introduction for the Innovation Park
New: 1.3 Improvements by VBDA
The Innovation Park offers shovel-ready sites,
roadway access, water, sewer and electric utilities within
the right-of-way and stormwater treatment of up to 60%
of the impervious site coverage.
Removed: References to several sets of guidelines for
different types of development and activities envisioned
in Princess Anne Commons and references to the park as
the "VA Beach Bio Research Park" or 'BioPark'.
New: 1.6 Applicable Codes names the Virginia Beach N/A 6
Development Authority (VBDA) as the Park owner and
lists the current zoning and design and engineering
standards that govern land development in the Park.
SEC. 2 SITE DESIGN 2-1 through 2-6 8-10
Section renamed from "Site Planning" to "Site Design" &
reorganized
2.4 Landscape and Plantings: Edited for clarity and 2-1 & Appendix A (2-16 9 & 10
consistency with what is expected above and beyond the through 2-21)
City of Virginia Beach's Landscape Ordinance within the
Innovation Park. Much of Appendix A was incorporated
into section's text.
Access and Circulation 2-1, 2-2 and 2-3 8
Removed: Diagram on page 2-2 and topics organized into
body of text
Parking 2-4 & 2-6 8
New: "Buildings with views from or with frontage along
Princess Anne Road should generally be oriented to the
front of the site closest to Princess Anne Road with
parking areas located in the rear."
Removed: "Landscaping for the parking area should be
strategically located to provide visual relief, shading of
the lot, green areas, and screening while ensuring that
lines-of-sight are maintained, both at the time of planting
and when the plants have matured."
New:2.3 Fencing N/A 9
Perimeter fencing is a crucial physical security element to
certain facilities in order to funnel visitors to designated
entry points.
Fencing should be limited to side and rear yards and
coupled with planting. When fencing fronts any primary
public roadways it should be located behind a landscape
screen, making the plantings the most visible feature
from the street or adjacent parcels. Fencing in front yards
should be decorative use only and should not visually
City of Virginia Beach Development Authority
Agenda Item 2
Page 4
obstruct the building. Metal fencing with neutral color is
preferred.
New: Outdoor Amenity Areas N/A 10
Outdoor amenity areas, such as entry courtyards, break
areas, patios and pavilions, for employees and visitors to
the businesses within the Park are highly encouraged.
New:Signage N/A 10
All signage in the Innovation Park must comply with the
Sign Regulations of the City of Virginia Beach zoning
ordinance, as amended. In addition, 10 other conditions
are listed for signs to conform to within the Innovation
Park.
SEC. 3 BUILDING DESIGN 2-7 through 2-15 11-14
New: Building Facade 2-8 & 2-9 12
"The front face(s) of buildings should incorporate higher
levels of architectural articulation... continuity of design is
encouraged on the side and rear faces"
Replaced:Joint Use Library modern design example with
multiple contemporary and light industrial/advance
manufacturing examples from around the country
New: Exterior Materials and Palette 2-9 & 2-10 12
"Exterior building materials should be of high quality,
durable, aesthetically pleasing, and sustainable, including,
but not limited to, brick, stone, concrete, masonry, glass
and metal panels."
New: Outdoor Storage, Staging& Services Areas 2-12 13 & 14
Loading/service, outdoor storage and staging areas are
permitted in the Park but must be concealed from public
right-of-way view to the greatest extent possible and
located at the rear of the building. Year-round screening
may consist of walls and plant materials. Wall screening
materials must be compatible with the primary structure.
Access to these areas should be minimized and arranged
so that maneuvering is avoided on public streets.
Removed: Parking Structures Section 2-12 through 2-15 N/A
Density within the Innovation Park is not anticipated to
ever require a parking structure.
New: Review by VBDA Section N/A 15
Added to clarify and provide guidance on the approval
process.
Edited and Relocated:Appendix A, Sections A-C 2-16 through 2-19 9, 10
Appendix A was edited for clarity and consistency with
what is expected above and beyond the City of Virginia
Beach's Landscape Ordinance within the Innovation Park.
Appendix A was incorporated into the main document's
"Landscape and Plantings" Section.
Edited and Relocated:Appendix A, Section D 2-19 14
Edited for current lighting technologies and incorporated
into main document text of"Exterior Building Lighting"
section.
Replaced:Appendix A, Section E 2-20 & 2-21 10
City of Virginia Beach Development Authority
Agenda Item 2
Page 5
The "Site Furniture" section of Appendix A was replaced
by the "Outdoor Amenity Areas" section on page 10. The
various screening requirements and planting diagrams in
Appendix A were replaced with Figures 2.5 & 2.6 on page
10.
As the proposed revisions to the Design and Development Guidelines will simplify the review process for developments
within the Park and aligns with current codes and regulations, Staff recommends approval of this request subject to the
proffers below.
Proffers
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA).The applicant,
consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to
"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application
be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property
as proposed with this change of zoning.
Proffer 1:
The Property is hereby removed and released from the Existing Proffers and said Property will now be subject to the
proffers contained herein.
Proffer 2:
Excluding the Property specifically described on Exhibit A, the remaining parcels of land located within the Innovation
Park and not owned by the Applicants shall remain subject to the Existing Proffers, which remain in full force and affect.
Proffer 3:
Further conditions may be required by the City during detailed Site Plan review and administration of applicable City
codes by all City agencies and departments.
Proffer 4:
Fencing on the Property, other than for screening purposes and where it is necessary for the security of certain facilities
or necessary to funnel visitors to designated entry points, is prohibited. The VBDA shall approve all proposed fences for
material, color, location, coupled plantings and overall impact.
Proffer 5:
Temporary facilities, other than construction related facilities, shall not be permitted within the front yards and when
located in the rear yards, shall be removed immediately upon completion of the permanent facility.
Proffer 6:
All loading/service, refuse, outdoor storage and staging areas must be concealed from public right-of-way view to the
greatest extent possible and located at the rear of the building. Year-round screening may consist of walls and plant
materials. Wall screening materials must be compatible with the primary structure. The extent of the screen wall and
plantings shall be subject to VBDA approval.
Proffer 7:
Those uses permitted in 1-1 are permitted on the Property.Those uses requiring a Conditional Use Permit from City
Council shall continue to do so.
City of Virginia Beach Development Authority
Agenda Item 2
Page 6
Proffer 8:
The Innovation Park Design and Development Guidelines, dated January 2023, is attached hereto as Exhibit B and
incorporated herein by reference for additional specifications, conditions and requirements related to design
requirements, improvements by VBDA, site design, parking, fencing, landscape and plantings, signage, building design,
building materials and palette, and exterior lighting in the Innovation Park.
Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable.The City Attorney's Office has
reviewed the agreement and found it to be legally sufficient and in acceptable legal form.
2016 Proffers that Remain in Effect for the Remainder of the Park
Proffer 1:
The following, which are listed in Section 1001(a) of the Zoning Ordinance as principal and conditional uses in the I-1
Light Industrial District, shall be the only uses permitted on the Property. Any principal or conditional use listed in
Section 1001(a), but not listed below, shall not be permitted on the Property:
a. Building-mounted antennas, as specified in Section 1001(a);
b. Business, medical,financial, nonprofit, professional and similar office buildings;
c. Communication towers, as specified in Section 1001(a);
d. Fiber-optics transmission facilities;
e. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses
shall not be allowed: (i) Explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii)
processing or outside storage of salvage, scrap or junk;
f. Printing, lithographic or publishing establishments;
g. Public buildings and grounds;
h. Public schools, colleges and universities, and private schools, colleges and universities having similar academic
curriculums;
i. Public utilities installations and substations including offices, as specified in Section 1001(a);
j. Public utility transformer stations and major transmission lines and towers(fifty thousand (50,000)volts or
more);
k. Radio or television transmission and relay stations;
I. Small wireless facilities, as specified in Section 1001(a);
m. Vocational, technical, industrial and trade schools;
n. Wholesaling, warehousing, storage or distribution establishments; and
o. Wind energy conversion systems, as specified in Section 1001(a).
Proffer 2:
Accessory structures and uses shall be permitted as set forth in Section 1001(b) of the Zoning Ordinance.
Proffer 3:
The architectural style, exterior building materials, and site design shall be substantially in accordance with the "Design
and Development Guidelines—Princess Anne Commons Biomedical Park."
Comprehensive Plan Recommendations
The Comprehensive Plan designates this area of the city as being within the Princess Anne Special Economic Growth
Area and the Interfacility Traffic Area. Since the Property is impacted by the AICUZ high noise zones, all proposed land
uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.
City of Virginia Beach Development Authority
Agenda Item 2
Page 7
Natural & Cultural Resources Impacts
The property is within the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by
the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving
waters.There are no known cultural resources on the site.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on February 6, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, February 19, 2023
and February 26, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on February 20, 2023.
• This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on March 2, 2023.
City Council
• This item was deferred by City Council at the April 4, 2023 public meeting.
• As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code, the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023.
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
City of Virginia Beach Development Authority
Agenda Item 2
Page 8
Proposed Site Layout
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City of Virginia Beach Development Authority
Agenda Item 2
Page 9
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City of Virginia Beach Development Authority
Agenda Item 2
Page 10
Updated Design & Development Guidelines — REVISED 05/25/2023
I N N OVAT N
PA R K
111 4.4
DESIGN AND DEVELOPMENT
GUIDELINES
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City of Virginia Beach Development Authority
Agenda Item 2
Page 11
Updated Design & Development Guidelines
CONTENTS
SEC. I INTRODUCTION 3
1.1 INNOVATION PARK
1.2 PRINCESS ANNE COMMONS
1.3 IMPROVEMENTS BY THE VBDA
1.4 PURPOSE OF THESE GUIDELINES
1.5 THE'DESIGN VOCABULARY'OF PRINCESS ANNE COMMONS
1.6 APPLICABLE CODES
SEC.2 SITE DESIGN ------ - — 8
2.1 ACCESS AND CIRCULATION
2.2 PARKING
2.3 FENCING
2.4 LANDSCAPE AND PLANTINGS
2.5 SIGNAGE
2.6 OUTDOOR AMENITY AREAS
SEC.3 BUILDING DESIGN — - -
3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE
3.2 FORM AND BUILDING MASSING
3.3 BUILDING FACADE
3.4 EXTERIOR MATERIALS AND PALETTE
3.5 BUILDING SCREENING
3.6 EXTERIOR BUILDING LIGHTING
SEC.4 REVIEW BY THE VBDA - - 15
4.1 DEVELOPMENT PROCEDURES
4.2 SUBMITTAL REQUIREMENTS
4.3 BASIS OF APPROVAL
4.4 REVIEW TIME
City of Virginia Beach Development Authority
Agenda Item 2
Page 12
Updated Design & Development Guidelines
SEC. I INNOVATION PARK
INTRODUCTION
1.1 INNOVATION PARK
The Innovation Park was established in 2016 as a Comprehensive Plan Recommendations:
magnet for high-quality, technological, innovative,
advanced manufacturing businesses within A primary focus of Princess Anne Commons is to
the Princess Anne Commons Special Economic provide locations for campus-like development that
Growth Area (SEGA). The Park, controlled by the may not be suitable in a more urban setting. The
Virginia Beach Development Authority (VBDA), is Comprehensive Plan provides the following general
approximately 150 acres and is zoned as I-1 (Light recommendations for Princess Anne Commons as
Industrial). they are applicable to the Innovation Park:
This document provides design and development
•
guidance for the"Innovation Park,"formerly known Strive to achieve extensive open space
as the VABeachBio Research Park,that is developing connectivity throughout the Commons
within North Princess Anne Commons(see FIGURES • Protect the most sensitive land
1.1 and 1.2). • Low-impact campus style development for
work,education,research,and recreation
The Innovation Park was originally envisioned
to house medical research and office buildings; •
Create guidelines for building types to ensure
however, recently the City has seen a growth in appropriate quality and character
other industry sectors in this area and has expanded • Provide public amenity areas for walking,
the Park's focus to research, education,technology, cycling,and recreation
manufacturing, finance, business, and other • High-quality roadways with landscaped edges,
commercial uses while still supporting the field of multi-modal pathways, and adequate lighting
scientific innovations.Such growth befitted the area
to be renamed Innovation Park. 1.3 IMPROVEMENTS BY VBDA
1.2 PRINCESS ANNE COMMONS The Innovation Park offers shovel-ready sites,
The Princess Anne Commons SEGA is nearly 3,000 roadway access, water, sewer and electric utilities
acres (see FIGURE 1.1). It is identified in the City's within the right-of-way and stormwater treatment of
Comprehensive Plan, 2017 Interfacility Traffic Area up to 60%of the impervious site coverage.
Plan(ITA)and other related development regulations
to protect Naval Air Station(NAS)Oceana and Naval
Auxiliary Landing Field (NALF) Fentress from future
developments. The ITA overlay district consists of
areas within the Air Installations Compatible Use efr
Zones (AICUZ) with aircraft noise levels greater
than 65 dB DNL, a level that is not preferable for .
residential uses.
-
Princess Anne Commons SEGA has been recognized _
for its economic development opportunities in - -_
medical, research, and recreation. The Innovation
Park will further augment and diversify the City's �-.•� "
economy by enhancing the industries in Princess
Image of the existing access road:Hudome Way
Anne Commons.
City of Virginia Beach Development Authority
Agenda Item 2
Page 13
Updated Design & Development Guidelines
Special Economic Growth Area
PRINCESS ANNE COMMONS
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City of Virginia Beach Development Authority
Agenda Item 2
Page 14
Updated Design & Development Guidelines
INNOVATION PARK
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City of Virginia Beach Development Authority
Agenda Item 2
Page 15
Updated Design & Development Guidelines
Contemporary Shapes and Forms
1.4 PURPOSE OF THESE GUIDELINES
The Innovation Park will support innovation in the
fields of medicine, research, finance, technology, _ . __
advanced manufacturing and more. To do so, it _,
is critical that the physical structures supporting
these uses also depict innovation by design. These _
guidelines follow the Comprehensive Plan's general . it, C-c _•'1i I,. •r pm tl �'s jp B
recommendations for Princess Anne Commons and :- ; -
provide guidance on site and building design for ' iNStit
development within the Innovation Park to:
• Assist property owners and developers FIGURE 1.3 Virginia Beach Parks and Recreation Administration
regarding appropriate design
• Encourage innovation and creativity liellinilir ----
it.
• Harmonize and enhance the visual appeal of -' ��
the Innovation Park developments and the ,1 ,• 17,
'
general ambiance of Princess Anne Commons 5- _ ___--_
1.5 THE 'DESIGN VOCABULARY' OF IIIi i
PRINCESS ANNE COMMONS
; .. _ k i r'
As the Innovation Park grows, its development
should harmonize with the surrounding Princess FIGURE 1.4 Regional Health Professions Center,Tidewater Community
Anne Commons environs. See FIGURES 1.3-1.13 for
common site and building design, form, materials, ,
colors,and landscape foundation precedent.
1.6 APPLICABLE CODEST-------- -:_,. -,-,
_. -r'4`"— y
3� _ ___
f
At the time of this document's adoption,the majority * _ _ I. s
of the land within the Innovation Park is owned by the Iiig1 .
Tilliiiiii.1•11.1 . 1) cVirginia Beach Development Authority.Development J +— _ '. - -, E
of land within the Innovation Park is governed by - a _
the following requirements and restrictions but not
limited to: FIGURE 1.5 Sentara Princess Anne Hospita'
• The recorded zoning proffers of the VBDA „.
• The City of Virginia Beach Zoning and
Subdivision ordinances,as amended s'
t �
• The City of Virginia Beach Public Works Design '*�' `'
Standards Manual,as amended ill
', t�tl�
/�� ,,, .arc`"
It is the responsibility of the individual site developer i i $s_ . -
to verify and conform to all requirements of _ �"
governing agencies and obtain and maintain all rw MIMI
OP
necessary permits. — _
FIGURE 1.6 Children's Hospital of The King's Daughters
City of Virginia Beach Development Authority
Agenda Item 2
Page 16
Updated Design & Development Guidelines
Building Materials and Color Palette
,. ` y f 1' --�
'� t
r
1 :III ! _ . ,.
c`
• Y. y
FIGURE 1.7 LrfeNet Health FIGURE 1.8 Joint-Use library
Planting and Outdoor Spaces
3�—_.-..—fir i �t? ` �
r ma y^ 'ter
L. . ,
- qe.,,retio-z- . ‘,,Jr , stow; ..i
�, ; ;- . 'mac-
r• ', k-•1a ra :a . ze MI:- - sue', C,
i
FIGURE 1.10 L,and.owri Centre Outdoor Space FIGURE 1.11 Landstown Commons Courtyard
. : - T ''''. al`
Water Features
s 'l•j � .. 1.�1 - �s[..4 - .........f._.
-;
........_.___i_:
FIGURE 1.12.:entara Courtyard Faun- FIGURE 1.13 Landstown Commons Plaza
City of Virginia Beach Development Authority
Agenda Item 2
Page 17
Updated Design & Development Guidelines
SEC.2 INNOVATION PARK
SITE DESIGN
2.1 ACCESS AND CIRCULATION
Pathways and Crossings: Where appropriate, �� R
pedestrian pathways not necessarily associated with
the public roadways fronting the property should -
be provided in developments. Pedestrian pathways , -
should be located within a planted or natural area
that may consist of a significant stand of trees, ktk
unusual topographic conditions, natural drainage '74.
patterns,or other natural features. . "'
Pathways should be constructed of a durable, low-
maintenance material such as asphalt or concrete. FIGURE 2.1 Regional Health Professions Center at Virginia Beath
designed with surface parking located at the rear of the site and well
Access: Clearly mark and efficiently place vehicular connected internal circulation system.
and non-vehicular access to all new developments
during the planning and development process.
Vehicular and pedestrian access should bedistinct and
clearly separated. No vehicular access is permitted f
directly from Princess Anne Road.Coordinate access — 'n
with or provide access from the secondary street
�IIIIIi
443141111111111
system or by cross-parcel easements whenever 1111,
possible.
Circulation:There should be an internal circulation
system that provides safe and convenient access to
uses within the development site.Where compatible FIGURE L2 Existing multi-modal pathway in the Innovation Park.
land uses adjoin one another, access from the To the greatest extent possible,parking areas should
internal circulation system to surrounding properties be located in the rear of the site, well planted and
should be provided. broken up into separate sub-areas to avoid the 'sea
Entrances and Driveways:Entrances and driveways of asphalt'appearance.
should permit safe and convenient pedestrian Access: Access between parking areas on separate
crossings where they intersect sidewalks and other lots should be accomplished through use of shared-
pedestrian access ways.To minimize traffic conflicts, access easements, which join the lots. Individual
entrances and exits to a development should be curb cuts for each parking area onto roadways
consolidated to the greatest extent possible and is discouraged. Internal circulation roads on a
be located a sufficient distance away from street
parcel should be designed with stubs to adjoining
intersections. undeveloped parcels that will provide future shared
2.2 PARKING access.
Parking areas are not permitted between the building Bicycle Parking: As required by Sec. 203(b) of the
and Princess Anne Road right-or-way for properties City Code, areas for the parking of bicycles and
with frontage along Princess Anne Road. motorcycles must be provided on site with ready
City of Virginia Beach Development Authority
Agenda Item 2
Page 18
Updated Design & Development Guidelines
2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS
Perimeter fencing is a crucial physical security The Innovation Park is intended to have a park-like
element to certain facilities in order to funnel visitors setting with continuity of open spaces from the
to designated entry points. Therefore fencing is surrounding Princess Anne Commons.Therefore, in
permitted where it is necessary for security and addition to adherence to the City of Virginia Beach
screening purposes only. Landscape Ordinance for plant species, parking lot
and foundation landscaping, screening and tree
Fencing should be limited to side and rear yards planting specification standards, the following
and coupled with planting.When fencing fronts any additional requirements apply within the Innovation
primary public roadways it shall be located behind park:
a continuous landscape screen or vegetated berm a
minimum of three foot in height,making the plantings 1. Existing natural characteristics, such as the
the most visible feature from the street or adjacent site's topography, hydrology, soils, vegetation,
parcels. Fencing in front yards shall be decorative natural drainage patterns and wetlands, should
be identified and conserved. Building design
use only and not visually obstruct the building.Metal placement should be configured to work with
fencing with neutral color is preferred. these natural site conditions.
2. Building entrances, utility transformers, loading
refuse, and outdoor storage areas, parking lots,
entry drives and any property frontage along
Princess Anne Road, shall be well landscaped
with a combination of trees,shrubs and ground
• 1
ak
i covers above and beyond what is required in the
6 ?I; It —
' City of Virginia Beach Landscape Ordinance, as
1 • amended.
��rt-'__��,,� 3. Sod, rather than seeding is required within 50'
• of the front of the building; all adjoining roads
shall have sod along the entire property line
FIGURE 2.3' -• - . for a minimum of 30'. All other lawn areas not
receiving sod may be seeded.
If ' 4. All planting beds should be covered with a 3"
�r layer of shredded hardwood mulch.
• '►� 5. Street trees shall be placed along all roadways
,•''�`'L''�� within the Park at a minimum of one shade tree
. . every 35' of the property line that abuts the
' ' roadway. The spacing of all new required street
trees should tie into existing trees and maintain
.F - 1 i t ';, the 35'spacing on center.
7 .f _ t,� `-4 !, ;,f,,,4 5. Flowering trees should be provided in front of`' ` 'i buildings and along main entryways.
7. An irrigation system is required for all new
FIGURE 2.4 Metal perimeter fencing with neutral color is preferable. planting and sod areas up t0 the property line.
Source: Lan&+Fulton
The irrigation system should be adequate to
maintain healthy plant life.
9
City of Virginia Beach Development Authority
Agenda Item 2
Page 19
Updated Design & Development Guidelines
8. Continuous evergreen screening is required 2.5 SIGNAGE
around any visible loading, storage, staging or
refuse area. The minimum height of shrubs at All signage in the Innovation Park must comply with
installation should be three feet with maximum the Sign Regulations of the City of Virginia Beach
spacing of three feet on center. The minimum zoning ordinance, as amended. In addition, the
following sign regulations apply:
height of evergreen trees should be four to five
feet in height with maximum spacing of eight 1. Plastic letters shall not be permitted for building-
feet on center. A planted landscape berm may mounted signs.
be substituted and shall be a minimum height of 2. The size, location on the facade, color, material
three feet. and finish of the letters and/or logo shall be
compatible with the building architecture.
9. All site utilities should be screened with evergreen
shrubs with maximum spacing of three feet on 3. All conduits, raceways and transformers shall be
concealed so that they are not visible.
center.The height of shrubs at installation should
be a minimum height of four to five feet. 4. In multi-tenant buildings where storefront
entrances are used, sign information shall be
limited to the company name,company logo and
suite number.
S. Maintenance of all signs is required and the
41044 ik3 responsibility of the tenant/owner. Signs shall
be kept clean and in a state of good repair at all
AS REQUIRED 8Y times.
UTILITY COMPANY
6. Temporary signs are only permitted during active
,� construction of the permanent facility and shall
i YAW-// be removed upon issuance of the Certificate of
Occupancy by the City of Virginia Beach.
TRANSFORMER 7. All temporary signs shall be ground mounted.
I
- P Y
3'MULCH WITH
SOIL SEPARATOR 8. Only one project construction sign located on
EVERGREEN SHRUB MASS site shall be permitted.
9. Only one real estate sign shall be permitted per
FIGURE 2.5 Example transformer screening plan building and shall be allowed for six months
maximum.
CONTINUOUS EVERGREEN 10.Violations and/or non-compliance with the above
HEDGE 30'HI SPACED 3' will allow the VBDA to remove the non-conforming
ON CENTER AT INSTALLA-
TION(TYP. , signs at the expense of the owner/tenant.
SHADE TREE(TIP � • • SHRUB MASSING 2.6 OUTDOOR AMENITY AREAS
FLOWERING �� EVERGREEN
TREE(TYP) ',AU
• ihimrd GROUND- Outdoor amenity areas, such as entry courtyards,
4 3%% CO R(�� break areas, patios and pavilions, for employees
VIN�'•� P i �� and visitors to the businesses within the Park are
.t ° highly encouraged. When provided, the outdoor
=OTENTML MONUMENT SIGN amenity area must be well lit,connected to the Park
ANNUAL/PERENNLAL PLANTING BED circulation system, well maintained and provide
FIGURE 2.6 Example entry drive planting plan shade and low-maintenance durable site furniture
Note:The landscape architect shall respond to all visibility triangle designed for outdoor use.
requirements for intersections.
City of Virginia Beach Development Authority
Agenda Item 2
Page 20
Updated Design & Development Guidelines
SEC.3 INNOVATION PARK
BUILDING DESIGN
The relationship of buildings to the public and
private spaces is critical to the overall success of
the Innovation Park's site development.A building's
architectural elements provide an environment that
ensures quality and a sense of place. 1' 'I IS ,l , !I " '
Building placement, massing, and appearance r
' i I ; II II II , . i!
define this relationship. Each building's architectural
style, form, architectural details, exterior materials, 'Ill. II I II I
textures, and color work together to provide an
FIGURE 3.1 Illuminated glass facade strategically creates a unique focal
environment that ensures quality and a sense of feature to a building's facade.Image:Regional Health Professions Center.
place. Tidewater Community College;Source:EYP Architecture+Engineering
3.1 BUILDING PLACEMENT AND
ARCHITECTURAL STYLE 416..
The following provides general guidelines about r
the placement and design of buildings on a site
�G''•�,Y�
�" t
for corporate, research, medical facilities, light ,��_
r
industrial, office, advanced manufacturing and ~ �'
academic facilities. Construction of such facilities
are governed by the City of Virginia Beach Zoning
Ordinance and the Virginia Statewide Building Code, FIGURE 3.2 Building facade shall include a well-integrated,defined
focal entry. Image:Franklin Square Hospital Center
latest amended edition.
• Building designs shall express a unified theme
by means of architectural style, materiality,
colors,form and scale.
• Building placement and architectural style
shall be a development of one-story or multi- -
story buildings (dependent on use), set in 41
- i
a landscaped environment, maintaining an
aesthetic continuity.
L
• Building design's individuality and creativity -
shall be expressed and integrated into the
design context of the surrounding area. FIGURE 3.3 Varying building massing is encouraged to break-up large
building footprints;Source:Cal Valley Contractors Inc.
• All building designs will be subject to the
approval of the City (through the Proffers of
the Conditional Zoning Agreement) and the
VBDA.
City of Virginia Beach Development Authority
Agenda Item 2
Page 21
Updated Design & Development Guidelines
3.2 FORM AND BUILDING MASSING levels of architectural articulation such as cornices,
Massing influences the sense of space which the expression of structural or architectural bays,
building encloses,and helps define both the interior recessed windows or doors, material or material
space and the exterior shape of the building. module changes,color and/or texture differences,or
Employing horizontal and vertical elements can strongly expressed mullions. Continuity of design is
help organize building massing forms. Breaking the encouraged on the side and rear faces.
footprint of a large buildings into smaller parts and 3.4 EXTERIOR MATERIALS AND PALETTE
varying a building's height is required along the
facades with views from public roadways. Exterior building materials shall be of high quality,
durable, aesthetically pleasing and sustainable.
3.3 BUILDING FACADE Permitted materials include, but are not limited to,
Building façade plays an integral role in providing brick, stone, concrete masonry, glass, and metal
a unifying element along the streetscape and panels. Combination of compatible materials is
continuity. The front face(s)and facades with views preferred.
from public roadways shall incorporate higher
--
R`a..
_- A
FIGURE 3.4 Facility with vertical/horizontal facade articulatior. FIGURE 3.6 Offsets and cantilevered elements can create a unique
and unifying material,such as glazing.Image:Motorola Campus in building facade and focal feature.Image:Entertainment and Sports
Libertyville,Illinois;Source:Blue Water Builders Arena,Washington,DC;Source:Events DC
11
•
FIGURE 3.5 Exterior building materials shall vary by unifying colors FIGURE 3.7 Use of color is encouraged to enhance focal paints and se
and materiality.Image:Tacoma Recovery and Transfer Center(LEED' as an accents to the structure.Image:Haydon Building Corporation
Gold Certified);Source:Architect Magazine Headquarters,Phoenix,Arizona;Source:Havdon Building Corp.
i?
City of Virginia Beach Development Authority
Agenda Item 2
Page 22
Updated Design & Development Guidelines
However, use of one type of materiality is also ;j
acceptable, provided that layering of varying colors "
or shapes or similar techniques thereof are employed
along the building face(s) adjacent to primary right-
of-ways to maintain an articulated facade and avoid ,rlrfi f
a monolithic appearance. Bare or painted concrete hl +11� .
as the only exterior facade material is strongly "
discouraged.Exterior insulated finishes(El Fs)should I
not be used below the first-floor elevation except FIGURE 3.10 Subtle use of color and proper integration with natural colored
When used as soffits. building materials.Image.Regional Health Professions Center.Tidewater
Community College:Source'Gse.,rrun Erg,,eeru
An identifiable break should be provided between
a building's ground or second floor and the upper 3.5 BUILDING SCREENING
floors. These breaks may consist of material or A side or rear fence or wall system may be used to
fenestration changes or similar means. Employing screen dumpsters, loading areas,storage,staging or
such design contributes to a better articulated mechanical or similar equipment from view from the
building facade. public right-of-way of any street more than twenty
Colors,materials,finishes,and architectural features (20) feet in width. Such screening shall be made of
shall be coordinated in a consistent manner on all the same or compatible material and color of the
elevations and complement one another. Bright principal structure.
colors shall be used as building accents only to Mechanical Equipment: Ground level mechanical
provide visual interest. equipment that cannot be located inside the building
should be screened with an enclosure or structure
incorporated into the main building. The design,
materials, and colors of such screening should be
rir, � .
complementary with the main building.
f �. _. Rooftop mechanical equipment (including elevator
R, �• j' I. rooms)should be screened so as to not be visible from
�c � ; ' T - the ground level or areas adjacent to the building.
'' '.'�'� Horizontal (flat) roof forms should be screened by
extensions of the building wall planes(parapet).
FIGURE 3.8 Proper integration of masonry and glass
., ,,_,. _...--"r:;:.___—.--------:----------
mill i- NI 17
.... am__ . Ilia
46 -. ___. .—_________------_______________________
r 46
FIGURE 3.9 Use of metal panels for light industrial use facilities is FIGURE 3.11 Ground level mechanical equipment must be screened
acceptable.Layering of the same material or with other compatible from public view.Source:Industrial Louvers,Inc
materials is preferred.Image:Tacoma Recovery and Transfer Center
(LEED'Gold Certified)
i
City of Virginia Beach Development Authority
Agenda Item 2
Page 23
Updated Design & Development Guidelines
Outdoor Storage,Staging and Services Areas Outdoor site lighting must primarily be used to
Loading/service, outdoor storage and staging provide safety, accentuate architectural elements,
and emphasize landscape features. Light fixtures
areas are permitted in the Park but must be fully must be designed as an integral design element
concealed from public right-of-way view and located complimenting the project design by color and style.
at the rear of the building to the greatest extent Site and building lighting shall meet the following
possible. Year-round screening may consist of walls
conditions:
and plant materials. Wall screening materials must
be compatible with the primary structure.Access to • Accent lighting of buildings and signage is
these areas should be minimized and arranged so required.
that maneuvering is avoided on public streets.
• Low bollard fixtures or landscape lighting is
3.6 EXTERIOR BUILDING LIGHTING recommended for walkways and building
entries.
Each project should develop a system or family of
• Lighting in parking lots,walkways,signage and
lighting with layers that contribute to the night- on all buildings shall be LED. Lights spillage
time experience, including facade uplighting, sign onto adjacent properties and the right-of-way
and display window illumination,landscape,parking shall be minimized.
area,security,and pedestrian lighting. • All lighting adjacent to residential areas will
be placed in such a way to prevent glare or
overflow lighting into these areas.
---- • All lighting fixtures must be shielded and
jam directed downward to minimize the amount
../ A �� of light spill into the night sky.Designs to meet
111( ..
_ ‘ 1 i , Dark Sky compliance are encouraged.
• Integrate security lighting into the architectural
•9
_��..., • .r. and landscape lighting system.Security lighting
should not be distinguishable from the project's
- overall lighting system. Building-mounted
111111111111111111111 flood lights will not be permitted, except in
FIGURE 3.12 If visible from public view,rooftop mechanical equip-
ment should be screened.Source:ADCO Roofing and Waterproofing completely internalized service courts.
- ►
-- i.0 — v a'~ -OW
ell= c....
r.
F•
--.
■ ,yam
1"' . r7:15 ,I
. _- -.. 4 1-1;ir '
._. _
FIGURE 3.13 Dumpster areas must be enclosed from public views. FIGURE 3.14 Example of lighting fixtures at Tidewater Community
College Virginia Beach Student Center
City of Virginia Beach Development Authority
Agenda Item 2
Page 24
Updated Design & Development Guidelines
SEC.4 INNOVATION PARK
REVIEW BYTHEVBDA
The Innovation Park is governed by the recorded • Anticipated stormwater management practices
zoning proffers of the VBDA.Each potential buyer and • Location of loading,utility and service areas
site developer shall be responsible for verification • Elevations in color with materials described
of all code requirements at the time purchase and
•
development. This section details the review and Landscape and planting areas
approval process of the VBDA. The requirements If plan submittals are not sufficient, complete, or
contained in these guidelines do not supersede are otherwise inadequate,the VBDA shall reject the
a separate and independent review and approval submittal until requirements are met.Any revisions,
process that will be required from the Department additions or alterations to any portion of the approved
of Planning and Community Development. plans shall be subject to review and approval.
4.1 DEVELOPMENT PROCEDURES 4.3 BASIS OF VBDA APPROVAL
Prior to the commencement of project design, the Review of plans shall be performed by VBDA's
project owner and the design professionals are Department of Economic Development arm and/
required to review the Design Guidelines. They or VBDA's architectural, engineering and landscape
shall be publicly available on the VBDA website and consultants, who herein afterward shall be referred
provided upon request from a VBDA representative. to as"the Staff".
Prior to the commencement of any site improvements Approval of plans must be given by the Staff prior
such asconstruction or building modifications,paving, to commencement of any construction. Approval
drainage or any other permanent improvements, of any design will be good for a one(1)year period.
the owner, lessee, or occupant of any site within After which time,if construction has not started the
the Innovation Park shall first submit plans of the developer may be required to resubmit.
improvements for VBDA's review and approval.
Variations to the Design Guidelines not encompassed
4.2 SUBMITTAL REQUIREMENTS by the proffers of the affected property may be
considered upon receiving a written recommendation
The VBDA requires one complete digital set of plans from the VBDA as to whether the plans submitted
be submitted at: should be approved or rejected.Final determination
1. The concept stage before permits for the work to deviate from the Design Guidelines shall rest
are sought or a site plan is submitted. solely with the Director of Planning and Community
2. The final approval stage prior to final site plan Development.
approval or building permit approval.
3. As-built drawings once the construction is 4.4 REVIEW TIME
complete for VBDA records.
The VBDA staff shall receive proposals for review
All submittals shall include: a minimum of fourteen (14) days prior to the third
Property lines Tuesday of each month.The review comments shall
• be available from the VBDA staff within two weeks of
• The building location and overall dimensions the third Tuesday.
• Site circulation and parking
City of Virginia Beach Development Authority
Agenda Item 2
Page 25
Disclosure Statement
Disclosure Statement Nif3
City of Viryinia Berm
Planning&Community
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name City of Virginia Beach Development Authority(VBDA)
Does the applicant have a representative? ■ Yes D No
• If yes,list the name of the representative.
Emily Archer,VB Economic Development
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?■Yes 0 No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
VBDA is a political subdivision of the Commonwealth of Virginia.Attached is a list of the Board of Commissioners of the VBDA.
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach
a 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.
"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 indude that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 1
City of Virginia Beach Development Authority
Agenda Item 2
Page 26
Disclosure Statement
Disclosure Statement
Cil y of Virginia!Midi
Planning&Community
Developm•�y_
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes • No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑Yes ■ No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes a No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes • No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes • No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑ Yes I No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 2 I
City of Virginia Beach Development Authority
Agenda Item 2
Page 27
Disclosure Statement
Disclosure Statement N/13
Lily of vim bend,
Planning&Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑Yes ®No
• If yes,identify the company and individual providing the service.
7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?®Yes ❑No
• If yes,identify the firm and individual providing the service.
Kimley-Horn,Vanasse Hangen Brustlin,Inc(VHB)and MBP(McDonough Bolyard Peck)
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?®Yes ❑ No
• If yes,identify the firm and individual providing the service.
Singer Davis/Hunton Andrews Hurth
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Sf
Applicant Signature
'1
Print Name and Title
Lisa M.Murphy,Chair
Date lc2 (*if
Is the applicant also the owner of the subject property? Ii Yes ❑ No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
® No changes as of Date 05.16 2023 Signature
Print Name
I Hoa N.Dao
Revised 11.09.2020 3(P a g e
City of Virginia Beach Development Authority
Agenda Item 2
Page 28
Disclosure Statement
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
BOARD OF COMMISSIONERS
David Bemd (Secretary)
William P. Brown
William Brunke(Treasurer)
Nneka Chiazor
W.Taylor Franklin(Assistant Secretary)
Penny Morgan
Lisa M. Murphy (Chair)
Ronnie L. Parker
Michael J. Standing
Joseph E. Strange (Vice Chair)
Guenter Weissenseel
City of Virginia Beach Development Authority
Agenda Item 2
Page 29
Disclosure Statement
Disclosure Statement V13 •
City of Vi,yinki Beuth
Planning&Community
Developmeu_
Owner Disclosure
Owner Name YCH,LLC
Applicant Name City of Virginia Beach Development Authority(VBDA)
Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? Yes ❑ No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
Anthony Disilvestro,President
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a
list if necessary)
Ynot Italian
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes ® No
• If yes,what is the name of the official or employee and what is the nature of the interest?
3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
revised 11 09. )2i) 5 I
City of Virginia Beach Development Authority
Agenda Item 2
Page 30
Disclosure Statement
Disclosure Statement
City,4 vvin.k,&exit
Planning&Community
Development
Owner Services Disclosure
1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any
financing in connection with the subject of the application or any business operating or to be operated on the property?
■ Yes ❑ No
• If yes,identify the financial institutions providing the service.
Towne Bank,Kathy Forebee
2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
■ Yes ❑ No
• If yes,identify the company and individual providing the service.
Riddle,Rob Riddle
3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the
application or any business operating or to be operated on the property?0 Yes ❑ No
• If yes,identify the firm and individual providing the service.
Dickson Hughs,Pa Schuler
4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?® Yes ❑ No
• If yes,identify the firm and individual providing the service.
Covington Hendrix,John Covington
5. Is there any other pending or proposed purchaser of the subject property?❑Yes • No
• If yes,identify the purchaser and purchaser's service providers.
6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?®Yes ❑ No
• If yes,identify the company and individual providing the service.
RRMM,Steve Childs
7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating
or to be operated on the property?■Yes ❑No
• If yes,identify the firm and individual providing the service.
Kimley Horn,Randy Royal
Revised 11.09.2020 6
City of Virginia Beach Development Authority
Agenda Item 2
Page 31
Disclosure Statement
Disclosure Statement \t13
Planning&Community
Development
8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑Yes I No
• If yes,identify the firm and individual providing legal the service.
Owner Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
--
Print Name and Title
Anthony DiSilvestro j �µ :S►bt rr-
Date 2/ .2/z 3
7 ,
•
City of Virginia Beach Development Authority
Agenda Item 2
Page 32
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center (DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
City of Virginia Beach Development Authority
Agenda Item 2
Page 33
I N N OVAT I 0 N
PARK ,
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DESIGN AND DEVELOPMENT
GUIDELINES
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F
JANUARY2023 VIRGINIA BEACH
CONTENTS
SEC. I INTRODUCTION - - -- 3
1.1 INNOVATION PARK
1.2 PRINCESS ANNE COMMONS
1.3 IMPROVEMENTS BY THE VBDA
1.4 PURPOSE OF THESE GUIDELINES
1.5 THE 'DESIGN VOCABULARY' OF PRINCESS ANNE COMMONS
1.6 APPLICABLE CODES
SEC.2 SITE DESIGN __ __ ---- ----- ---- 8
2.1 ACCESS AND CIRCULATION
2.2 PARKING
2.3 FENCING
2.4 LANDSCAPE AND PLANTINGS
2.5 SIGNAGE
2.6 OUTDOOR AMENITY AREAS
SEC.3 BUILDING DESIGN
3.1 BUILDING PLACEMENT AND ARCHITECTURAL STYLE
3.2 FORM AND BUILDING MASSING
3.3 BUILDING FACADE
3.4 EXTERIOR MATERIALS AND PALETTE
3.5 BUILDING SCREENING
3.6 EXTERIOR BUILDING LIGHTING
SEC.4 REVIEW BYTHEVBDA --------- 15
4.1 DEVELOPMENT PROCEDURES
4.2 SUBMITTAL REQUIREMENTS
4.3 BASIS OF APPROVAL
4.4 REVIEW TIME
SEC. I INNOVATION PARK
INTRODUCTION
1.1 INNOVATION PARK
The Innovation Park was established in 2016 as a Comprehensive Plan Recommendations:
magnet for high-quality, technological, innovative,
advanced manufacturing businesses within A primary focus of Princess Anne Commons is to
the Princess Anne Commons Special Economic provide locations for campus-like development that
Growth Area (SEGA). The Park, controlled by the may not be suitable in a more urban setting. The
Virginia Beach Development Authority (VBDA), is Comprehensive Plan provides the following general
approximately 150 acres and is zoned as I-1 (Light recommendations for Princess Anne Commons as
Industrial). they are applicable to the Innovation Park:
This document provides design and development
•
guidance for the "Innovation Park," formerly known Strive to achieve extensive open space
as the VABeachBio Research Park, that is developing connectivity throughout the Commons
within North Princess Anne Commons (see FIGURES • Protect the most sensitive land
1.1 and 1.2). • Low-impact campus style development for
work, education, research, and recreation
The Innovation Park was originally envisioned
to house medical research and office buildings; • Create guidelines for building types to ensure
however, recently the City has seen a growth in appropriate quality and character
other industry sectors in this area and has expanded • Provide public amenity areas for walking,
the Park's focus to research, education, technology, cycling, and recreation
manufacturing, finance, business, and other • High-quality roadways with landscaped edges,
commercial uses while still supporting the field of multi-modal pathways, and adequate lighting
scientific innovations. Such growth befitted the area
to be renamed Innovation Park. 1.3 IMPROVEMENTS BY VBDA
1.2 PRINCESS ANNE COMMONS The Innovation Park offers shovel-ready sites,
The Princess Anne Commons SEGA is nearly 3,000 roadway access, water, sewer and electric utilities
acres (see FIGURE 1.1). It is identified in the City's within the right-of-way and stormwater treatment of
Comprehensive Plan, 2017 Interfacility Traffic Area up to 60% of the impervious site coverage.
Plan (ITA)and other related development regulations
to protect Naval Air Station (NAS) Oceana and Naval
Auxiliary Landing Field (NALF) Fentress from future
developments. The ITA overlay district consists of
areas within the Air Installations Compatible Use
4.
Zones (AICUZ) with aircraft noise levels greater '`
than 65 dB DNL, a level that is not preferable for
residential uses.
•
Princess Anne Commons SEGA has been recognized
for its economic development opportunities in
medical, research, and recreation. The Innovation
Park will further augment and diversify the City's
economy by enhancing the industries in Princess
Image of the existing access road: Hudome Way
Anne Commons.
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FIGURE 1.2 Innovation Park Boundary
Contemporary Shapes and Forms
1.4 PURPOSE OF THESE GUIDELINES
The Innovation Park will support innovation in the
fields of medicine, research, finance, technology, _
advanced manufacturing and more. To do so, it
is critical that the physical structures supporting
these uses also depict innovation by design. These - - ,_ =P "
guidelines follow the Comprehensive Plan's general „ G.=' l[iP, '11 ;- - .i;' rr ,1 ' �.'RAP
recommendations for Princess Anne Commons and . _ I
+ i , I +
provide guidance on site and building design for ;I
development within the Innovation Park to: -
• Assist property owners and developers _ ,_� � �� � �"
p p y FIGURE 1.3 Virginia Beach Parks and Recreation Administration
regarding appropriate design
• Encourage innovation and creativity
• Harmonize and enhance the visual appeal of rjog
the Innovation Park developments and the 1 k.- r
r-
general ambiance of Princess Anne Commons µre
_E'
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Nit
1.5 THE 'DESIGN VOCABULARY' OFr' � �m
PRINCESS ANNE COMMONS " '=
As the Innovation Park grows, its development _ - " A■
should harmonize with the surrounding Princess FIGURE 1.4 Regional Health Professions Center,Tidewater Community
Anne Commons environs. See FIGURES 1.3-1.13 for
common site and building design, form, materials,
W. .. e4..,,, ,,,,,,,. .0/1.
colors, and landscape foundation precedent. �.
11
1.6 APPLICABLE CODES 1 IML
At the time of this document's adoption,the majority
of the land within the Innovation Park is owned by the - �. _ . ---=- - p
- _ _ - _ram------
Virginia Beach Development Authority. Development ---� . ' .,-,,;• i i i ,��:' _. i..
of land within the Innovation Park is governed by Y ' --'^`'
the following requirements and restrictions but not _
limited to: FIGURE 1.5 Sentara Princess Anne Hospital
• The recorded zoning proffers of the VBDA
001 . - N
• The City of Virginia Beach Zoning and "r --
f.
Subdivision ordinances, as amended
• E 0 ' -- 1-\'
k -1= . I The City of Virginia Beach Public Works Design 011 _
Standards Manual, as amended • PI
// kgt t \II t,
:.-17101P r now It is the responsibility of the individual site developerMill tli.)t-.,' ,".":.-i-,,I.. -
�. _ r - - • I -f
to verify and conform to all requirements of _I- - --- I It At �`
governing agencies and obtain and maintain all 11111110100. n
necessary permits.
7 - --- :--- •—•- --- ' - Ki \ .
FIGURE 1.6 Children's Hospital of The King's Daughters
Building Materials and Color Palette
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FIGURE 1.7 LifeNet Health mommuotaim FIGURE 1.8 Joint-Use Library
Planting and Outdoor Spaces
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FIGURE 1.10 Landstown Centre Outdoor Spaces FIGURE 1.11 Landstown Commons Courtyard
Water Features
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FIGURE 1.12 Sentara Courtyard Foun- FIGURE 1.13 Landstown Commons Plaza
SEC. 2 INNOVATION PARK
SITE DESIGN
2.1 ACCESS AND CIRCULATION
Pathways and Crossings: Where appropriate, ,- - - -
j � A.- �:s. 3t -
pedestrian pathways not necessarily associated with ._ _ .� .,...-4.,
the public roadways fronting the property should t' r
be provided in developments. Pedestrian pathways -a
should be located within a planted or natural area `~ .
that may consist of a significant stand of trees, ''',7,, I H.tt ft-, -�` -
unusual topographic conditions, natural drainage -% ; I '�►s.
patterns, or other natural features. -t " „ •• .
•
Pathways should be constructed of a durable, low- _
maintenance material such as asphalt or concrete. FIGURE 2.1 Regional Health Professions Center at Virginia Beach
designed with surface parking located at the rear of the site and well
Access: Clearly mark and efficiently place vehicular connected internal circulation system.
and non-vehicular access to all new developments
during the planning and development process.
Vehicularand pedestrian accessshould be distinct and
clearly separated. No vehicular access is permitted •
directly from Princess Anne Road. Coordinate access -- '!"'
with or provide access from the secondary street . - - .. `� f _ ' IIINI
system or by cross-parcel easements whenever " - 1y . -._. '
possible. -
Circulation: There should be an internal circulation _ & - �{;_ �,`` ```
system that provides safe and convenient access to �.. '� Y, '``#
uses within the development site. Where compatible FIGURE 2.2 Existing multi modal pathway in the Innovation Park.
land uses adjoin one another, access from the To the greatest extent possible, parking areas should
internal circulation system to surrounding properties be located in the rear of the site, well planted and
should be provided. broken up into separate sub-areas to avoid the 'sea
Entrances and Driveways: Entrances and driveways of asphalt' appearance.
should permit safe and convenient pedestrian Access: Access between parking areas on separate
crossings where they intersect sidewalks and other lots should be accomplished through use of shared-
pedestrian access ways. To minimize traffic conflicts, access easements, which join the lots. Individual
entrances and exits to a development should be curb cuts for each parking area onto roadways
consolidated to the greatest extent possible and is discouraged. Internal circulation roads on a
be located a sufficient distance away from street parcel should be designed with stubs to adjoining
intersections. undeveloped parcels that will provide future shared
2.2 PARKING access.
Parking areas are not permitted between the building Bicycle Parking: As required by Sec. 203(b) of the
and Princess Anne Road right-or-way for properties City Code, areas for the parking of bicycles and
with frontage along Princess Anne Road. motorcycles must be provided on site with ready
2.3 FENCING 2.4 LANDSCAPE AND PLANTINGS
Perimeter fencing is a crucial physical security The Innovation Park is intended to have a park-like
element to certain facilities in order to funnel visitors setting with continuity of open spaces from the
to designated entry points. Therefore fencing is surrounding Princess Anne Commons. Therefore, in
permitted where it is necessary for security and addition to adherence to the City of Virginia Beach
screening purposes only. Landscape Ordinance for plant species, parking lot
and foundation landscaping, screening and tree
Fencing should be limited to side and rear yards planting specification standards, the following
and coupled with planting. When fencing fronts any additional requirements apply within the Innovation
primary public roadways it shall be located behind Park:
a continuous landscape screen or vegetated berm a
minimum of three foot in height,making the plantings 1. Existing natural characteristics, such as the
the most visible feature from the street or adjacent site's topography, hydrology, soils, vegetation,
parcels. Fencing in front yards shall be decorative natural drainage patterns and wetlands, should
be identified and conserved. Building design
use only and not visually obstruct the building. Metal placement should be configured to work with
fencing with neutral color is preferred. these natural site conditions.
2. Building entrances, utility transformers, loading
refuse, and outdoor storage areas, parking lots,
,-- c , entry drives and any property frontage along
..-- ., , -.iio -. . t'IIMMN. Princess Anne Road, shall be well landscaped
- -----
''� with a combination of trees, shrubs and ground
covers above and beyond what is required in the
Cityof Virginia Beach Landscape Ordinance as
hp, 4-i
, { g P
:. ' ,.,,3 . ` :' I" . - ` amended.
-- t
- :.3 ".4 -,:
3. Sod, rather than seeding is required within 50'
of the front of the building; all adjoining roads
shall have sod along the entire property line
FIGURE 2.3 An example of planted buffer at the Park. for a minimum of 30'. All other lawn areas not
receiving sod may be seeded.
ir I 4. All planting beds should be covered with a 3"
��� — otiiiiiiii; layer of shredded hardwood mulch.
�� •�• -- IhIiii 5. Street trees shall be placed along all roadways
--- A>!!!II within the Park at a minimum of one shade tree
i,_;:i,--10- MI
- mili��������� every35' of the property line that abuts the
ll!!I! P P Y
!l�nnuu
-, ;I., 'i P 1IIII,!» roadway. The spacing of all new required street
F - I�111111! Y P g q
�, - — „I,���I1 ill{III „ ,�����>i,>I
= -,, trees should tie into existing trees and maintain
- _ . ` -,c,l ; . ',,,,,Ili, , II , the 35' spacing on center.
-.,.1 .-` •_ - i , "TI1iiii
=_--- -!I1,,,,,,,,. 6. Flowering trees should be provided in front of
. - _�' • buildings and along main entryways.
► ''''.1 "3'" % 7. An irrigation system is required for all new
FIGURE 2.4 Metal perimeter fencing with neutral color is preferable. planting and sod areas up t0 the property line.
Source: Lang+Fulton
The irrigation system should be adequate to
maintain healthy plant life.
8. Continuous evergreen screening is required 2.5 SIGNAGE
around any visible loading, storage, staging or
refuse area. The minimum height of shrubs at All signage in the Innovation Park must comply with
installation should be three feet with maximum the Sign Regulations of the City of Virginia Beach
spacing of three feet on center. The minimum zoning ordinance, as amended. In addition, the
following sign regulations apply:
height of evergreen trees should be four to five
feet in height with maximum spacing of eight 1. Plastic letters shall not be permitted for building-
feet on center. A planted landscape berm may mounted signs.
be substituted and shall be a minimum height of 2. The size, location on the facade, color, material
three feet. and finish of the letters and/or logo shall be
compatible with the building architecture.
9. All site utilities should be screened with evergreen
3. All conduits, raceways and transformers shall be
shrubs with maximum spacing of three feet on concealed so that they are not visible.
center.The height of shrubs at installation should
be a minimum height of four to five feet. 4. In multi-tenant buildings where storefront
entrances are used, sign information shall be
limited to the company name, company logo and
suite number.
5. Maintenance of all signs is required and the
itoijoisio
responsibility of the tenant/owner. Signs shall
be kept clean and in a state of good repair at all
±io. if AS REQUIRED BY times.
UTILITY COMPANY
6. Temporary signs are only permitted during active
construction of the permanent facility and shall
be removed upon issuance of the Certificate of
441t4. 6. Occupancy by the City of Virginia Beach.
TRANSFORMER 7. All temporary signs shall be ground mounted.
Wer4)\ 3"MULCH WITH
SOIL SEPARATOR 8. Only one project construction sign located on
EVERGREEN SHRUB MASS site shall be permitted.
9. Only one real estate sign shall be permitted per
FIGURE 2.5 Example transformer screening plan building and shall be allowed for six months
maximum.
CONTINUOUS EVERGREEN 10. Violations and/or non-compliance with the above
HEDGE 30"HT SPACED 3' will allow the VBDAto remove the non-conforming
ON CENTER AT INSTALIA ,
TION(TYP.) V p signs at the expense of the owner/tenant.
SHRUB
4 i i y
SHADE TREE(TYP.) •°,' ` °. MASSING(TYP.) 2.6 OUTDOOR AMENITY AREAS
" Q�
FLOWERING
EVERGREEN
TREE(TYP.) too GROUND-
COVER(TYP.) Outdoor amenity areas, such as entry courtyards,
ti
break areas, patios and pavilions, for employees
. _ ''4
'off �• lot and visitors to the businesses within the Park are
_ ' A highly encouraged. When provided, the outdoor
POTENTIAL MONUMENT SIGN amenity area must be well lit, connected to the Park
ANNUAL/PERENNIAL PLANTING BED circulation system, well maintained and provide
FIGURE 2.6 Example entry drive planting plan shade and low-maintenance durable site furniture
Note:The landscape architect shall respond to all visibility triangle designed for outdoor use.
requirements for intersections.
SEC. 3 INNOVATION PARK
BUILDING DESIGN
The relationship of buildings to the public and
private spaces is critical to the overall success of
i
the Innovation Park's site development. A building's /
architectural elements provide an environment that IHiIl t
-.,3=_pl ::*
ensures quality and a sense of place.
-,iI f II /I ID NI I lI 11
0 11
Building placement, massing, and appearance ..i I •I 11 t
define this relationship. Each building's architectural _ ,.: 1` ' k
i ' ' 11sIiI _. � ..
style, form, architectural details, exterior materials, i
textures, and color work together to provide an '"—
FIGURE 3.1 Illuminated glass facade strategically creates a unique focal
environment that ensures quality and a sense of feature to a building's facade. Image: Regional Health Professions Center,
place. Tidewater Community College;Source:EYP Architecture+Engineering
3.1 BUILDING PLACEMENT AND
ARCHITECTURAL STYLE
i
The following provides general guidelines aboutI �,
the placement and design of buildings on a site -- ` -1:;4 ; , ,►
for corporate, research, medical facilities, light - - - _,
-i 1:-. --
industrial, office, advanced manufacturing and till ' s •-, r •
t --
academic facilities. Construction of such facilities
are governed by the City of Virginia Beach Zoning
Ordinance and the Virginia Statewide Building Code, FIGURE 3.2 Building facade shall include a well integrated,defined
focal entry. Image: Franklin Square Hospital Center
latest amended edition.
• Building designs shall express a unified theme ..
by means of architectural style, materiality, ,
colors, form and scale. '4,•-'
• Building placement and architectural style
shall be a development of one-storyor multi- IIIIIII
p ;;.. mil_
story buildings (dependent on use), set in t • -".`.
a landscaped environment, maintaining an ` '. �. if•
aesthetic continuity.
• Building design's individuality and creativity - - - --
shall be expressed and integrated into the
design context of the surrounding area. FIGURE 3.3 Varying building massing is encouraged to break-up large
building footprints;Source: al Valley Contractors Inc.
• All building designs will be subject to the
approval of the City (through the Proffers of
the Conditional Zoning Agreement) and the
VBDA.
3.2 FORM AND BUILDING MASSING levels of architectural articulation such as cornices,
Massing influences the sense of space which the expression of structural or architectural bays,
building encloses, and helps define both the interior recessed windows or doors, material or material
space and the exterior shape of the building. module changes, color and/or texture differences, or
Employing horizontal and vertical elements can strongly expressed mullions. Continuity of design is
help organize building massing forms. Breaking the encouraged on the side and rear faces.
footprint of a large buildings into smaller parts and 3.4 EXTERIOR MATERIALS AND PALETTE
varying a building's height is required along the
facades with views from public roadways.
Exterior building materials shall be of high quality,
durable, aesthetically pleasing and sustainable.
3.3 BUILDING FACADE Permitted materials include, but are not limited to,
Building facade plays an integral role in providing brick, stone, concrete masonry, glass, and metal
a unifying element along the streetscape and panels. Combination of compatible materials is
continuity. The front face(s) and facades with views preferred.
from public roadways shall incorporate higher
u
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FIGURE 3.4 Facility with vertical/horizontal facade articulation FIGURE 3.6 Offsets and cantilevered elements can create a unique
and unifying material,such as glazing.Image:Motorola Campus in building facade and focal feature. Image: Entertainment and Sports
Libertyville,Illinois;Source: Blue Water Builders Arena,Washington,DC;Source: Events DC
•
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. 4 • F1 _. '-'` ._--7-••••••••,,..•.._- -- - -r-- --
FIGURE 3.5 Exterior building materials shall vary by unifying colors FIGURE 3.7 Use of color is encouraged to enhance focal points and serve
and materiality. Image:Tacoma Recovery and Transfer Center(LEED® as an accents to the structure. Image: Haydon Building Corporation
Gold Certified);Source:Architect Magazine Headquarters, Phoenix,Arizona;Source:Havdon Building Corp.
i.
However, use of one type of materiality is also
acceptable, provided that layering of varying colors 1: ;
or shapes or similar techniques thereof are employed
along the building face(s) adjacent to primary right- .,, _
of-ways to maintain an articulated facade and avoid
a monolithic appearance. Bare or painted concrete
as the only exterior facade material is strongly 1 ' ,
i ' 1
discouraged. Exterior insulated finishes (ElFs) should �.1
not be used below the first-floor elevation except FIGURE 3.10 Subtle use of color and proper integration with natural colored
When used as soffits. Community
materials.Image:Regional Health Professions Center,Tidewater
Community College;Source:Greenmun Engineering
An identifiable break should be provided between
a building's ground or second floor and the upper 3.5 BUILDING SCREENING
floors. These breaks may consist of material or A side or rear fence or wall system may be used to
fenestration changes or similar means. Employing screen dumpsters, loading areas, storage, staging or
such design contributes to a better articulated mechanical or similar equipment from view from the
building facade. public right-of-way of any street more than twenty
Colors, materials, finishes, and architectural features (20) feet in width. Such screening shall be made of
shall be coordinated in a consistent manner on all the same or compatible material and color of the
elevations and complement one another. Bright principal structure.
colors shall be used as building accents only to Mechanical Equipment: Ground level mechanical
provide visual interest. equipment that cannot be located inside the building
should be screened with an enclosure or structure
incorporated into the main building. The design,
rf:r "_,,; ,'4"t'+ "': '' materials, and colors of such screening should be
a•:- am "
complementary with the main building.
I - ` %ter'' --F a Rooftop mechanical equipment (including elevator
i =n_ , r ,. >' : 7 rooms)should be screened so as to not be visible from
i , t
. 4:-. —5 1 f the ground level or areas adjacent to the building.
r am 1,_--1Y -
•
-, ..;� ='_r.. 4, Horizontal (flat) roof forms should be screened by
extensions of the building wall planes (parapet).
FIGURE 3.8 Proper integration of masonry and glass
=am..4 • I 11 :el i'l .,-,
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FIGURE 3.9 Use of metal panels for light industrial use facilities is FIGURE 3.11 Ground level mechanical equipment must be screened
acceptable. Layering of the same material or with other compatible from public view.Source: industrial Louvers,Inc.
materials is preferred. Image:Tacoma Recovery and Transfer Center
(LEED®Gold Certified)
Outdoor Storage, Staging and Services Areas Outdoor site lighting must primarily be used to
provide safety, accentuate architectural elements,
Loading/service, outdoor storage and staging and emphasize landscape features. Light fixtures
areas are permitted in the Park but must be fully must be designed as an integral design element
concealed from public right-of-way view and located complimenting the project design by color and style.
at the rear of the building to the greatest extent Site and building lighting shall meet the following
possible. Year-round screening may consist of walls
conditions:
and plant materials. Wall screening materials must
be compatible with the primary structure. Access to • Accent lighting of buildings and signage is
these areas should be minimized and arranged so required.
that maneuvering is avoided on public streets.
• Low bollard fixtures or landscape lighting is
3.6 EXTERIOR BUILDING LIGHTING recommended for walkways and building
entries.
Each project should develop a system or family of
• Lighting in parking lots, walkways, signage and
lighting with layers that contribute to the night- on all buildings shall be LED. Lights spillage
time experience, including façade uplighting, sign onto adjacent properties and the right-of-way
and display window illumination, landscape, parking shall be minimized.
area, security, and pedestrian lighting. • All lighting adjacent to residential areas will
be placed in such a way to prevent glare or
overflow lighting into these areas.
-- All lighting fixtures must be shielded and
---- dimme : ,..- directed downward to minimize the amount
_,--;" At-- _ tlw. ::,, - of light spill into the night sky. Designs to meet
juiffirai $ ' ; - Dark Sky compliance are encouraged.
• Integrate security lighting into the architectural
A 1 _ and landscape lighting system. Security lighting
should not be distinguishable from the project's
4.
overall lighting system. Building-mounted
x
flood lights will not be permitted, except in
FIGURE 3.12 If visible from public view,rooftop mechanical equip- completely internalized service courts.
ment should be screened.Source:ADCO Roofing and Waterproofing
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FIGURE 3.13 Dumpster areas must be enclosed from public views. FIGURE 3.14 Example of lighting fixtures at Tidewater Community
College Virginia Beach Student Center
1
SEC.4 INNOVATION PARK
REVIEW BY THE VBDA
The Innovation Park is governed by the recorded • Anticipated stormwater management practices
zoning proffers of the VBDA. Each potential buyer and
• Location of loading, utility and service areas
site developer shall be responsible for verification • Elevations in color with materials described
of all code requirements at the time purchase and
development. This section details the review and
• Landscape and planting areas
approval process of the VBDA. The requirements If plan submittals are not sufficient, complete, or
contained in these guidelines do not supersede are otherwise inadequate, the VBDA shall reject the
a separate and independent review and approval submittal until requirements are met. Any revisions,
process that will be required from the Department additions or alterations to any portion of the approved
of Planning and Community Development. plans shall be subject to review and approval.
4.1 DEVELOPMENT PROCEDURES 4.3 BASIS OF VBDA APPROVAL
Prior to the commencement of project design, the Review of plans shall be performed by VBDA's
project owner and the design professionals are Department of Economic Development arm and/
required to review the Design Guidelines. They or VBDA's architectural, engineering and landscape
shall be publicly available on the VBDA website and consultants, who herein afterward shall be referred
provided upon request from a VBDA representative. to as "the Staff".
Priorto the commencement of any site improvements Approval of plans must be given by the Staff prior
such as construction or building modifications,paving, to commencement of any construction. Approval
drainage or any other permanent improvements, of any design will be good for a one (1) year period.
the owner, lessee, or occupant of any site within After which time, if construction has not started the
the Innovation Park shall first submit plans of the developer may be required to resubmit.
improvements for VBDA's review and approval.
Variations to the Design Guidelines not encompassed
4.2 SUBMITTAL REQUIREMENTS by the proffers of the affected property may be
considered upon receiving a written recommendation
The VBDA requires one complete digital set of plans from the VBDA as to whether the plans submitted
be submitted at:
should be approved or rejected. Final determination
1. The concept stage before permits for the work to deviate from the Design Guidelines shall rest
are sought or a site plan is submitted. solely with the Director of Planning and Community
2. The final approval stage prior to final site plan Development.
approval or building permit approval.
3. As-built drawings once the construction is 4.4 REVIEW TIME
complete for VBDA records.
The VBDA staff shall receive proposals for review
All submittals shall include: a minimum of fourteen (14) days prior to the third
Tuesday of each month. The review comments shall
• Property lines
be available from the VBDA staff within two weeks of
• The building location and overall dimensions the third Tuesday.
• Site circulation and parking
Innovation Park Design and Development Guidelines Update
Detailed List of Changes I January 2023
Description of Change(s) Existing 2016 January 2023
Design Guidelines Design Guidelines
Reference Page Reference Page
Number(s) Number(s)
Update: Business Park name change from Cover Cover
"Princess Anna Commons Biomedical Park" to
the "Innovation Park"
Updated Throughout: Imagery & Document all all
Design New and updated photos to better
illustrate the current developments in Princess
Anne and the Innovation Park. More user-
friendly, visually compelling, and organized
document.
Updated: Table of Contents Page Three sections: Four sections:
• Introduction • Introduction
• Site • Site Design
Planning • Building
• Building Design
Design • Review by
VBDA
Updated Princess Anne Commons Map and 1-2 and 1-3 4 and 5
Innovation Park map
SEC. 1 INTRODUCTION 1-1, 1-2 and 1-3 3, 6
New: 1.1 Innovation Park specific background
and introduction for the Innovation Park
New: 1.3 Improvements by VBDA
The Innovation Park offers shovel-ready sites,
roadway access, water, sewer and electric
utilities within the right-of-way and stormwater
treatment of up to 60% of the impervious site
coverage.
Removed: References to several sets of
guidelines for different types of development
and activities envisioned in Princess Anne
Commons and references to the park as the "VA
Beach Bio Research Park" or 'BioPark'.
1
Description of Change(s) Existing 2016 January 2023
Design Guidelines Design Guidelines
Page Number(s) Page Number(s)
New: 1.6 Applicable Codes names the Virginia N/A 6
Beach Development Authority (VBDA) as the
Park owner and lists the current zoning and
design and engineering standards that govern
land development in the Park.
SEC. 2 SITE DESIGN 2-1 through 2-6 8-10
Section renamed from "Site Planning" &
reorganized
2.4 Landscape and Plantings: Edited for clarity 2-1 & Appendix A 9 & 10
and consistency with what is expected above and (2-16 through 2-21)
beyond the City of Virginia Beach's Landscape
Ordinance within the Innovation Park. Much of
Appendix A was incorporated into section's text.
Access and Circulation 2-1, 2-2 and 2-3 8
Removed: Diagram on page 2-2 and topics
organized into body of text
Parking 2-4 & 2-6 8
New: "Buildings with views from or with frontage
along Princess Anne Road should generally be
oriented to the front of the site closest to
Princess Anne Road with parking areas located in
the rear."
Removed: "Landscaping for the parking area
should be strategically located to provide visual
relief, shading of the lot, green areas, and
screening while insuring that lines-of-sight are
maintained, both at the time of planting and
when the plants have matured."
New: 2.3 Fencing N/A 9
Perimeter fencing is a crucial physical security
element to certain facilities in order to funnel
visitors to designated entry points.
Fencing should be limited to side and rear yards
and coupled with planting. When fencing fronts
any primary public roadways it should be located
behind a landscape screen, making the plantings
the most visible feature from the street or
adjacent parcels. Fencing in front yards should
be decorative use only and should not visually
obstruct the building. Metal fencing with neutral
color is preferred.
2
Description of Change(s) Existing 2016 January 2023
Design Guidelines Design Guidelines
Page Number(s) Page Number(s)
New: Outdoor Amenity Areas N/A 10
Outdoor amenity areas, such as entry courtyards,
break areas, patios and pavilions, for employees
and visitors to the businesses within the Park are
highly encouraged.
New: Signage N/A 10
All signage in the Innovation Park must comply
with the Sign Regulations of the City of Virginia
Beach zoning ordinance, as amended. In
addition, 10 other conditions are listed for signs
to conform to within the Innovation Park.
SEC. 3 BUILDING DESIGN 2-7 through 2-15 11-14
New: Building Facade 2-8 & 2-9 12
"The front face(s) of buildings should incorporate
higher levels of architectural articulation...
continuity of design is encouraged on the side
and rear faces"
Replaced: Joint Use Library modern design
example with multiple contemporary and light
industrial/advance manufacturing examples from
around the country
New: Exterior Materials and Palette 2-10 12
"Exterior building materials should be of high
quality, durable, aesthetically pleasing, and
sustainable, including, but not limited to, brick,
stone, concrete, masonry, glass and metal
panels."
New: Outdoor Storage, Staging &Services Areas 2-12 13 & 14
Loading/service, outdoor storage and staging
areas are permitted in the Park but must be
concealed from public right-of-way view to the
greatest extent possible and located at the rear
of the building. Year-round screening may consist
of walls and plant materials. Wall screening
materials must be compatible with the primary
structure. Access to these areas should be
minimized and arranged so that maneuvering is
avoided on public streets.
Removed: Parking Structures Section 2-12 through 2-15 N/A
Density within the Innovation Park is not
anticipated to ever require a parking structure.
3
Description of Change(s) Existing 2016 January 2023
Design Guidelines Design Guidelines
Page Number(s) Page Number(s)
New: Review by VBDA section N/A 15
Added to clarify and provide guidance on the
approval process.
Edited and Relocated: Appendix A, Sections A-C 2-16 through 2-19 9, 10
Appendix A was edited for clarity and
consistency with what is expected above and
beyond the City of Virginia Beach's Landscape
Ordinance within the Innovation Park. Appendix
A was incorporated into the main document's
"Landscape and Plantings" Section.
Edited and Relocated: Appendix A, Section D 2-19 14
Edited for current lighting technologies and
incorporated into main document text of
"Exterior Building Lighting" section.
Replaced: Appendix A, Section E 2-20& 2-21 10
The "Site Furniture" section of Appendix A was
replaced by the "Outdoor Amenity Areas"
section on page 10. The various screening
requirements and planting diagrams in Appendix
A were replaced with Figures 2.5 & 2.6 on page
10.
4
Virginia Beach Planning Commission
March 8, 2023, Public Meeting
Agenda Item # 2
City of Virginia Beach Development Authority (Applicant)
City of Virginia Beach Development Authority & YCH, LLC (Property Owners)
Modification of Proffers
Address: Parcels between2009 Hudome Way to Tournament Drive & parcel on the southeast
corner of Princess Anne Road & Tournament Drive
RECOMMENDED FOR APPROVAL — HEARD
Mr. Alcaraz: All right. So now we'll move on to the next, the regular agenda, which we have
one item, it's not, there's no opposition, but just for clarity, we want to go ahead
and hear it just so that the public can hear exactly what the Virginia Beach
Development Authority is offering. Thank you.
Madam Clerk: Thank you Mr. Chairman. Our final agenda item is agenda item number two, City
of Virginia Beach Development Authority. It's an application for a Modification of
Proffers on parcels located between 2009 Hudome Way to Tournament Drive, and
a parcel on the Southeast corner of Princess Anne Road and Tournament Drive
located in council District two.
Ms. Archer: Good afternoon. Thank you, Commissioner, members of the Commission; I'm
Emily Archer with Economic Development, a project coordinator with the office,
representing the Virginia Beach Development Authority for this application. I have
a few slides if you allow me to go through them to help explain that. This is located
off of Hudome way in Princess Anne Road in District two. Existing conditions, it's
mostly open farm field at the moment. We are requesting the Modification of
Proffers really to update the design guidelines for the business park. Everything
in yellow that you see is owned by the Virginia Beach Development Authority and
will be applied to this updated proffers and design guidelines. In January, there
are two other owners within the Innovation Park, YCH, LLC and Acoustical Sheet
Metal, and they were both notified in January and asked if they would like to be
party to this application. YCH, LLC in red up on the screen, asked to be a co-
applicant. I don't see them here but, so everything except what is shown in orange
will fall under these new proffers that we're requesting. And the orange will remain
under the old 2016 proffers. A little bit about the Innovation Park, it's 150 acre
Business Park that was conveyed to the Virginia Beach Development Authority in
2016 by Council. It currently is governed by existing proffers and guidelines that
were adopted in 2016. It is also highlighted for vision in the ITA, Interfacility Traffic
Area plan in 2017.
You can see that, the vision was to incorporate regional trail network that the
wooded area be preserved, which is mostly wetlands that the development be
consistent with the design guidelines adopted at that time and that the stormwater
best management practices be employed. Many of those still remain but what has
changed is that the park was initially envisioned to house biomedical office
buildings, and we found that that biomedical ecosystem of Virginia Beach really
needed to boost first. We have since opened a bio-accelerator at Bendix Road for
small incubator kind of businesses to help build up that ecosystem within Virginia
Beach that will hopefully lead to more larger developments that could still go within
the Innovation Park. And then also within that time, the market has really shifted
to more industrial sectors growing within our economy, while the focus still remains
technology and manufacturing supporting the field of scientific innovations. The
density of the park has also changed based on the updated stormwater regulations
for the city requiring larger BMPs and more of them to accommodate the
development that was envisioned there. So why this is really needed is to keep
up with market future and current marking conditions within the city. As
mentioned, the existing design guidelines really built, designed for that medical
office user and we're finding as more industrial users come in, it's the, the
guidelines isn't in the document as needed to address those type of larger format
industrial buildings to still achieve the static qualities as the park was always
envisioned to achieve the higher level of statics within the park.
So update to the guidelines to help permit those types of buildings to come in, and
provide developers and staff guidance on how to get there with every applicant.
The guidelines are broken into overall changes highlighted here, but also a building
section and a site plan section are briefly covered the changes in those sections.
The change of the cover on the name from Virginia Beach Bio Park to the
Innovation Park of course, the whole document has been reformatted with updated
photos of Princess Anne Commons in context of the park and it's very user friendly
and easier to kind of find the information you need, as well as there's another end
section that talks all about the approval process with VBDA for guidance on what
steps the applicant will be asked to follow. In the site design section, there's been
a lot of editing of the landscape and planting requirements. There's an existing
typewritten section under the existing appendix guidelines that have been
incorporated into the text and edited for clarity and redundancy with our zoning
landscape ordinance. There are still requirements for landscape and planting as
well above and beyond the landscape ordinance such as enhanced entry drives
as you see on the screen, irrigation around all planting beds and sod rather than
seed for grass area. There's a new fencing section that talks about if fencing is
required for security. It should only be in the rear side of the property and coupled
with planting and decorative and sustainable in nature. Outdoor amenity spaces
are encouraged in the new document and there's a new signage section that
dresses, signage requirements again above and beyond what's in the signage
ordinance for the city. In the building design category as mentioning there's more
examples and guidance for advanced manufacturing and light industrial facilities,
including a wider material pallet. More guidance provided for outdoor staging and
storage, provided that if they're, if they are employing those uses that they're in the
rear of the property and screened you around with walls and landscape material,
there's an existing parking structure section in the existing design guidelines that
we felt the park would never really achieve that level of density to require parking
structure and that has been removed. And then, can see a bit about our schedule.
Signs are posted around the park. It's been to be the Development Authority as
well as the ITA Committee last week here today and hopefully City Council in April.
Thank you.
Mr. Alcaraz: Thank you, Ms. Archer for doing that, thank you. Is there any questions for Ms
Archer? Okay, go ahead.
Mr. Horsley: I don't, I don't really have any questions. I just got a couple of comments that, you
know, after seeing and hearing your presentation this morning and understanding
what we had established years ago is the Biomedical Park isn't, coming to fruition
and we've going to try to do some type of industrial there, I think that's probably a
wise decision and the main thing that we want to concur with, and I think we do, is
that it has to be done in a very tasteful manner because this is on the gateway to
coming into the city hall and we wanna make sure it's done in a very tasteful and
lovely manner that people would, they come and visit our city so, and I think
according to the information you provide us this morning, it seems like that's
headed in that direction. So I have no problem with changing to Innovation Park.
I don't think that's a, I think, I think that's probably a very good move, so I would
support the application.
Mr. Alcaraz: Alright, thank you Mr. Horsley. Is there any other comments or questions? None,
like to entertain a motion.
Mr. Horsley: Having said what I did before, I'll make a motion that we'll approve the application.
Mr. Plumlee: I'll second.
Mr. Alcaraz: Second by, Mr. Plumlee, thank you.
Madam Clerk: The vote is open.
Madam Clerk: Mr. Clemons can I get your verbal vote? Aye or nay?
Mr. Clemons: Aye.
Madam Clerk: Thank you. By recorded vote of seven in favor, zero against agenda item number
two has been recommended for approval.
AYE 7 NAY 0 ABS 0 ABSENT 0
Alcaraz AYE
Clemons AYE
Coston AYE
Cuellar AYE
Horsley AYE
Parks AYE
Plumlee AYE
PROFFERS
The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement
(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has
voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that
the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the
proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the
property as proposed with this change of zoning.
Proffer 1:
The Property is hereby removed and released from the Existing Proffers and said Property will
now be subject to the proffers contained herein.
Proffer 2:
Excluding the Property specifically described on Exhibit A, the remaining parcels of land located
within the Innovation Park and not owned by the Applicants shall remain subject to the Existing
Proffers, which remain in full force and affect.
Proffer 3:
Further conditions may be required by the City during detailed Site Plan review and
administration of applicable City codes by all City agencies and departments.
Proffer 4:
Fencing on the Property, other than for screening purposes and where it is necessary for the
security of certain facilities or necessary to funnel visitors to designated entry points, is
prohibited. The VBDA shall approve all proposed fences for material, color, location, coupled
plantings and overall impact.
Proffer 5:
Temporary facilities, other than construction related facilities, shall not be permitted within the
front yards and when located in the rear yards, shall be removed immediately upon completion
of the permanent facility.
Proffer 6:
All loading/service, refuse, outdoor storage and staging areas must be concealed from public
right-of-way view to the greatest extent possible and located at the rear of the building. Year-
round screening may consist of walls and plant materials. Wall screening materials must be
compatible with the primary structure. The extent of the screen wall and plantings shall be
subject to VBDA approval.
Proffer 7:
Those uses permitted in I-1 are permitted on the Property. Those uses requiring a Conditional
Use Permit from City Council shall continue to do so.
Proffer 8:
The Innovation Park Design and Development Guidelines, dated January 2023, is attached
hereto as Exhibit B and incorporated herein by reference for additional specifications, conditions
and requirements related to design requirements, improvements by VBDA, site design, parking,
fencing, landscape and plantings, signage, building design, building materials and palette, and
exterior lighting in the Innovation Park.
Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The
City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in
acceptable legal form.
2016 PROFFERS THAT REMAIN IN EFFECT FOR THE REMAINDER OF THE PARK
Proffer 1:
The following, which are listed in Section 1001(a) of the Zoning Ordinance as principal and
conditional uses in the I-1 Light Industrial District, shall be the only uses permitted on the
Property. Any principal or conditional use listed in Section 1001(a), but not listed below, shall
not be permitted on the Property:
a. Building-mounted antennas, as specified in Section 1001(a);
b. Business, medical, financial, nonprofit, professional and similar office buildings;
c. Communication towers, as specified in Section 1001(a);
d. Fiber-optics transmission facilities;
e. Manufacturing, processing, extracting, packaging or fabricating establishments; provided
that the following uses shall not be allowed: (i) Explosive manufacturing, storage and
distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage,
scrap or junk;
f. Printing, lithographic or publishing establishments;
g. Public buildings and grounds;
h. Public schools, colleges and universities, and private schools, colleges and universities
having similar academic curriculums;
i. Public utilities installations and substations including offices, as specified in Section
1001(a);
j. Public utility transformer stations and major transmission lines and towers (fifty thousand
(50,000) volts or more);
k. Radio or television transmission and relay stations;
I. Small wireless facilities, as specified in Section 1001(a);
m. Vocational, technical, industrial and trade schools;
n. Wholesaling, warehousing, storage or distribution establishments; and
o. Wind energy conversion systems, as specified in Section 1001(a).
Proffer 2:
Accessory structures and uses shall be permitted as set forth in Section 1001(b) of the Zoning
Ordinance.
Proffer 3:
The architectural style, exterior building materials, and site design shall be substantially in
accordance with the "Design and Development Guidelines — Princess Anne Commons
Biomedical Park."
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Princess Anne Commons Design Guidelines and
Development Standards
CONTENTS
Page
Introduction 1-1
Site Planning 2-1
Building Design 2-8
Appendix A 2-16
Page Intentionally Blank
(for double-side printing purposes)
Intro • uction
The area now known as Princess Anne Commons has grown from an area of approximately
1,100 acres in 1995 to what is now nearly 3,000 acres (please see map on the following
page). Much of the increase in the size of the area came after December 2005,when the
Comprehensive Plan, Zoning Ordinance, and related development ordinances were
amended to protect the Interfacility Traffic Area (ITA) between NAS Oceana and NALF
Fentress from development.An Interfacility Traffic Area Overlay District was adopted,
consisting of areas having an AICUZ greater than 65 dB DNL. Due to the incompatibility of
residential uses in the higher AICUZ of the ITA, one of the principal effects of this new
designation was to reduce the residential density to what could be achieved by right with
Agricultural zoning (one unit per 15 acres).A second, and what has proven to be a more
significant effect was an increase in the area owned by the City of Virginia Beach,as the City
and U.S. Navy began a program of purchasing property voluntarily offered to the City by
private property owners.
, , :a!A ,� 'r„ ' Princess Anne Commons now offers the prospect to
` •,� �� expand on the original goals established for it, providing
unique education, medical, entertainment, recreation,
4 ' 4 habitat preservation, and quality economic
e- tE AMPh.-- -;.4 development opportunities.Additionally,the
` w,ar Comprehensive Plan designates this area as Special
nal)"° - Economic Growth Area 4- Princess Anne Commons,
sLiaimassmo. .• r recognizing the land development constraints and
economic development opportunities associated with
this area's location within a military aircraft overfly
zone.A primary focus of this area will be to provide
locations for campus-like development that may not be
suitable in a more urban setting. While recognizing that
some land use adjustments are appropriate to accomplish strategic public outcomes, the
Comprehensive Plan provides the following general recommendations for Princess Anne
Commons (SEGA 4), unless otherwise specified by these Guidelines:
• Strive to achieve extensive open space connectivity throughout the Commons.
• Protection of most sensitive land.
• Mixed-use town center style development in the Municipal Center and
Historic/Cultural District, including residential uses in AICUZ under 65 dB DNL.
• Low-impact campus style development for work, education, research, and
recreation.
• Guidelines for building types to ensure appropriate quality and character.
• Public amenity areas for walking, cycling, and recreation.
• High-quality parkway-level roadways with landscaped edges, pathways, and low-
level lighting with good lighting coverage.
Page 1-1/Introduction
Design and Development Guide/Biomedical Park
November 2016
roduction Ei
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• Potential for extension of mass transit service to Princess Anne Commons and the
Municipal Center.
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The Design and Development Guidelines that follow are based on these recommendations
and are intended to be used during the site and building design of the various projects that
will be part of this important and unique place within the city. Specifically, the purposes of
the Guidelines are as follows:
a. Assist property owners and developers regarding appropriate site, building, and
sign design;
Page 1-2/Introduction
Design and Development Guide/Biomedical Park
November 2016
Introduct on 1
b. Encourage innovation and creativity in the design and use of sites and buildings;
and
c. Enhance the visual appeal,and thus the general ambience of the Commons.
Eventually,there will be several sets of Guidelines for the different types of development
and activities that are envisioned for Princess Anne Commons. This document,however,
provides design and development guidance for the "VABeachBio Research Park" that will
develop within Princess Anne Commons Biomedical Park.This 'BioPark' will develop
parallel to the southern side of Princess Anne Road, stretching from Landstown Centre Way
at the west to Tournament Drive at the east.The graphic below shows the location of the
BioPark in relationship to existing and proposed development in North Princess Anne
Commons.
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A `Design Vocabulary'for Princess Anne Commons
The past 20 years of development since the inception of the Commons has resulted in a
commonality of design style, materials,shapes, colors, and landscape that forms the
foundation of what is presented on the following pages. These common design elements
are the'design vocabulary' for Princess Anne Commons, and are depicted in the photos
below.
Page 1-3/Introduction
Design and Development Guide/Biomedical Park
November 2016
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Page 1-4/Introduction
Design and Development Guide/Biomedical Park
November 2016
Introduct on 1
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Page 1-5/Introduction
Design and Development Guide/Biomedical Park
November 2016
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Page 1-6/Introduction
Design and Development Guide/Biomedical Park
November 2016
2
SITE PLANNING
General Guidelines - Landscaping
U Princess Anne Commons is first,and most importantly,a park-thus,the name
`Commons.'The buildings,uses,and all physical changes should have a strong
emphasis on the landscaped environment.This emphasis will provide an overall
visual continuity throughout the Commons and will serve as a backdrop for the
development of each individual site. During the individual site development
stage,the landscape architect and site designer should give careful consideration
and analysis to respond to surrounding site components such as site context,
open space,landmarks,views and vistas,streetscapes,and the protection of
existing vegetation.
•
1111 During the design process, w - ,
.
begin by identifying existing `t�
natural characteristics of the - �'` ± K;
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site that should be y ,
conserved. Natural site
features and landform - f
should be considered in the
early stages of development .aw. ten `
design prior to building .;,,`,.:::.
placement. Natural site u --
amenities may consist of a
significant stand of trees,
unusual topographic A variety of tree species are located within Princess Anne Commons due to
the site's previous use as a tree nursery
conditions,natural drainage
patterns,and similar natural features,and should be preserved to the greatest
degree possible. Natural characteristics create a sense of place on undeveloped
sites that can be expanded upon during the development process.
Specific Standards
Please see Appendix A-Section 1 for specific requirements related to landscape plantings,
irrigation,site lighting,and site furniture.
Access and Circulation
Curb cuts and driveways should be kept to a minimum,especially on internal,
pedestrian-oriented streets.
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November 2016
III Clearly mark and efficiently place 4,: -. - .-, - _`_- :• _-- - �:
vehicular and non-vehicular 1* : , =':- i
access to all new developments :,�:,.,�. -- ^•.�...... �...
during the planning and
- -*ORIIRirc _ 4...
development process.Vehicular ` ...
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and pedestrian access should be - - . �,
distinct and clearly separated. .., i r `
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The Operation Smile campus demonstrates good use
of the separation of vehicular and pedestrian access
to the site
III As depicted on this plan,there
should be an internal
circulation system that
provides safe and convenient
access to uses within the
development site.
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Coordinate access 1
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with or provide \ is """"
conflicts,entrances and
from the secondary \ t e exits to a development
street system or by '; ~�., ®��:. '41111 ' should be consolidated to
�u.. the greatest extent
cross-parcel ,:r' jr_� ,
'.• ;4 '� - tom possible and located a
easements �� " �' _�"i'`�:�� V
wheneverpossible. if 's � sufficient distance away
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Where compatible land uses \� ��"`° ' ✓‘
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should be provided. - ima. - ` ..
(Plan prepared by VHB and Da for Virginia Beach Professional Baseball`c 2014)
Page 2-2/Site Planning
Design and Development Guide/Biomedical Park
November 2016
la t:rft 1-.'a +
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. ' Entrances and
x ;"' t '` driveways should
- is g f • ',��* ;- ,...; - permit safe and
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--••-- "° '" . crossing where they
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other pedestrian access
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- A change in paving
material to make the
lil' ' ,. - driver aware of the
crossing is encouraged.
III Where appropriate,pedestrian pathways , � , ,.,
not necessarily associated with the public '4: .
roadways fronting the property should i . �
t
be provided in developments. `� "1
Pedestrian pathways should be located !i 1 a.; • �; �,
within a landscaped or natural area that �`"
r w.
may consist of a significant stand of trees, ; --1. -� -.,...t:�.-,
unusual topographic conditions,natural r�
drainage patterns or other natural --
features. ��
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Pathways should be constructed of a Existing pedestrian pathway in Princess Anne
durable,low maintenance material such Commons
as asphalt or some surface material that is semi-permeable in nature.
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Page 2-3/Site Planning
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November 2016
Parking Areas
UTo the greatest extent possible,parking areas should be located toward the rear of
the site while buildings should be generally oriented to the front of the site adjacent
to the principal roadway access.
Additionally,the parking area should be broken up into separate sub-areas to avoid
the'sea of asphalt' appearance.
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Example of buildings t-a�iasta�►n Con�no�s •
^ Shopping Center
-`�: at front of site
1N;t with parking located _
,.`4 ., Pc Oesti Ian pathway
at rear of site. taming Princess Anne . • •
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11 Landscaping for the ` ,
parking area should be n -
strategically located toIF v;, - v, ,F .....- _
provide visual relief, ` f - .,.,
shading of the lot,green 4 's,_ ', _ '"- ,'., .0
areas,and screening , �t. �' _
while insuring that
gt:lines-of-sight are �,_ %L A •• 1 I it L • _
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maintained,both at the �_T_t 4..
time of planting and �- __.... .. d.Hirmaa. ..la
when the plants have 4.
matured. 1111111111111111116 `� -
Page 2-4/Site Planning
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November 2016
InAccess between parking areas on separate lots should be accomplished through use
of shared-access easements,which join the lots.
Individual curb cuts for each parking area onto roadways is discouraged. Internal
circulation roads on a parcel should be designed with stubs to adjoining
undeveloped parcels that will provide future shared access.
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Area with several projects that demonstrate the use ofgood internal access to
parking lots with limited access points to arterial roadways
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November 2016
ailAs required by the City Zoning Ordinance (§ 203),areas for the parking of bicycles
and motorcycles must be provided on site with ready access to the
pedestrian/bicycle pathway system.
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Bicycle parking rack that also serves as public art
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November 2016
BUILDING DESIGN
The relationship of buildings to the public and private spaces around them is critical to the
overall success of the Princess Anne Commons BioPark. Building placement,massing,and
appearance define this relationship. Each building's architectural style,form,architectural
details,exterior materials,textures,and color work together to provide an environment that
ensure quality and provide a sense of place that will remain memorable.
Placement on Site & Architectural Style
The following provides general guidelines pertaining to the placement of buildings on a site
within Princess Anne Commons for corporate,research,medical facilities,and academic
buildings. Construction of all such facilities are governed by the City of Virginia Beach Zoning
Ordinance and the Virginia Statewide Building Code,latest amended edition. In all cases,
however,should there be a conflict between the guidelines and the Zoning Ordinance and/or
the Building Code,latest amended edition,the Zoning Ordinance and/or Building Code prevail.
• The general principal for building placement and architectural style is development of
one-story or multi-story buildings (dependent on use),set in a landscaped
environment that maintains an aesthetic continuity throughout the surrounding area.
As noted in the Introduction of these Guidelines,there is a Design Vocabulary for
Princess Anne Commons,and the existing buildings within the Commons stand as
examples of the design style,materials,and colors to be used (see photo on next page
and the photos in the Introduction).
in Each designer is encouraged to express individuality and creativity while blending his
or her design into the design context of the surrounding area.
U The general design context should reflect a high-quality,modern corporate image.
Colonial era architectural elements may be integrated into the design; however,the
overall architecture of the building should not be a replication of colonial era design.
U All building designs will be subject to the approval of the City (through the Proffers of
the Conditional Zoning Agreement) and the City of Virginia Beach Development
Authority. It is intended that the architecture and landscape create a basic harmony of
design throughout Princess Anne Commons such that no building,sign,landscape,or
other element of the built environment will detract from the attractiveness of the
overall environment.
Building Mass
The following provides general guidelines that emphasize the importance of the mass,scale,
and proportion of buildings on a site within Princess Anne Commons for corporate, research,
medical facilities,and academic buildings. In all cases,however,should there be a conflict
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November 2016
between the guidelines and the City of Virginia Beach Zoning Ordinance and/or the Virginia
Statewide Building Code,latest amended edition,the Zoning Ordinance and/or Building Code
prevail.
• How the mass of a building is distributed on a site usually has the greatest impact on a
project's overall appearance and its relationship to the surrounding area. As
demonstrated by the building shown in the photograph below,breaking the footprint
of a large building into smaller parts and varying a building's height is a valuable
concept when designing large projects.
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II Sculpting a building's massing can also help avoid big bulky structures that result in
visual monotony rather than visual interest. It is the well-balanced variety of building
massing and textures of shadow,light,and material that, in total,add to the richness of
Princess Anne Commons built environment.
Building Facade
iii Facades of buildings that face the street should incorporate cornices,expression of
structural or architectural bays,recessed windows or doors,material or material
module changes,color and/or texture differences,or strongly expressed mullions.
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• As an example,the photograph below is of a building in a modern style with various
components that integrate principles of sustainability into the overall design.While
the style and integration of sustainability principles contributed to the large expanse of
the façade,there are subtle changes that provide visual interest from an external
perspective:
• The rectangular
grid pattern
created by
alternating the
metal panels;
• The triangular
projection in the
center of the
façade (shown in
the lower left of
the photograph);
and
• The rectangular
windows of the
same size as the
metal panels set
into the façade at
what appears from
outside the
building to be . f
random locations. - 4 fI
ff '
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is All sides of a building should have continuity of design. No side should be unimproved.
All architectural details,such as roof lines and parapets,should continue around all
sides of a structure.
Exterior Materials and Colors
al Buildings should be of long-lived and
sustainable materials,including brick,
stone,tinted and textured concrete
masonry,and glass. EIFS should not be
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November 2016
used below the first-floor elevation except
when used as soffits.The material palette
should provide variety,reinforce massing
and changes in the horizontal or vertical
plane.
III An identifiable break should be provided r1:1
between a building's ground or second - - . - 'i
floor and the upper floors.This break may P': - -* ', itkt
consist of a change in material, change in _ . . r - �'
fenestration,or similar means.As shown ':sti;
in the photograph to the right,the pre-cast �'" ,s
block and cornice around the windows ,
provide such a break.
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t._ b .�... mod• it
al Colors,materials,and finishes should be
coordinated in a consistent manner on all
elevations. s
v a JO 14
In order to maintain aesthetic continuity - 1.21/1
within Princess Anne Commons,bright
primary colors should not be used except ► ', rr •
in limited use for building accents,such as [ t(sry i . '.
entry doors or trim. -k
1 F
The bright blue band above the first floor arcade level of
this building shows an appropriate use of a bright z
primary color as an accent.
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Exterior Building Lighting
1111 Each project should develop a system or
family of lighting with layers that •.
1
contribute to the night-time experience, ,
' .
including facade uplighting,sign 0r.i.
N44
and display window illumination, ;/ ` �_
landscape,and parking area lighting. --' - fi
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Ill Integrate security lighting into the ,. ..,, li .
architectural and landscape lighting I. - • : '.`.
system. Security lighting should not be :R - a �`w '
distinguishable from the project's .` '" _ 4,►
Sy
overall lighting system. � f %:.
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xi Exterior lighting should be shielded to
al la Inlealligianigalia . . 1817
reduce glare and eliminate light being
cast into the night sky. P* • ---- — 4-- ------ ,
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Mechanical Equipment and Service Areas
U Ground level mechanical equipment that 1
cannot be located inside the building -J ----
should be screened with an enclosure or 1 MIN - -
structure incorporated into the main
building. The design,materials,and colors ,
should be complementary with the main
building.
• Rooftop mechanical equipment (including `�- _ -
elevator rooms) should be screened so as ,;-_-*,...-As '�
14,
to be'invisible'from the ground adjacent . _
to the building as well as from approaches ,_ r'� ...t= ..
to the building. Horizontal (flat) roof , ►.
forms should be screened by extensions of - 4' `" '- ; • •
.
the building wall planes (parapet). ` �� t, �j i
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II Loading and trash collection areas should
be concealed from view to the greatest _ € I I
extent possible and are ideally located I
,
inside the building. Access to these areas j y,� e
should be minimized and arranged so that
maneuvering is avoided on public streets.
A vertical clearance of at least 14 feet is _ i ►t i
recommended.
Parking Structures
Traditionally,the design of parking structures takes a secondary position to the development
of larger projects. Parking structures are often treated as nothing more than buildings having
the sole function of providing a place for people to park their cars and not as an integral part
of the design fabric of the locale. The following guidelines are for those instances when a
parking garage is deemed the best parking solution.The guidelines are intended to encourage
parking structures that will be integrated into the desired design fabric of Princess Anne
Commons,so that ultimately,parking structures will be viewed as long-term,quality
amenities to the city and not as utilitarian 'quick-fixes' for a parking problem.
Page 2-12/Site Planning
Design and Development Guide/Biomedical Park
November 2016
The exterior facade should maintain
IIIa horizontal line throughout.The
sloping nature of the interior is ii III Yi iii iii iii`P Wit li
structure,necessary in the design of " " aaa US ua INN aaa`■` US an
parking structures,should not be ii is UMNMMI ■ N-aaa aa■ ■■■■■�
rr rr ■a■ ■a■ me Ell ■■S US US
repeated on the exterior facade. rr rr ■u ■u uo is us us us us
r was MI III Uses INS In .
W as UM us
• F 4.
III The height and mass of the structure
should be consistent with the urban
design fabric within which the
structure is to be located (e.g.,a 7- ` j; - IA 1' ,
story parking structure should not t
be situated in an area that consists of I ,,x
primarily 2 to 3 story structures). i _ n.
4"."-"it-'''".d ' ' !
Ili
II Parking structures should have an '' 1.:�,,
external'skin'designed to improve -
the building's appearance over the = , ,
basic concrete structure of ramps, ,
walls and columns.This can include ' i i! -2 _
heavy-gage metal screen,pre-cast �a . I i • ! ii. ,,
concrete panels,laminated glass or .
photovoltaic panels. I ; ; tri:..--::::-;1 --,-
• �: ...
1111 Parking structures should integrate
sustainable design features such
as photovoltaic panels (especially% ,
on the top parking deck),renewable
materials with proven longevity, ,-�' .t , li
and stormwater treatment ,� 1 40111,......., lit
wherever possible. f *1 '` lik
111:: :11111::411:11141. illi
111 4111.1 11141 11'ill
. , --
Page 2-13/Site Planning
Design and Development Guide/Biomedical Park
November 2016
ill Pedestrian access to and from a
parking structure should be well-
defined and attractive.Vertical IlL, _ -I _:
circulation cores (elevator and -=- -
stairs) should be located on the ______ --- P._______._. .:
primary pedestrian corners and be -
highlighted architecturally so __
visitors can easily find and accesskier . t
111
these entry points. Directional signs
- ---:—. '
should be provided at internal exits
to identify streets and help orient
pedestrians as they exit the parking facility.
IIII Proper security is an important
aspect of parking structure
operations. A safe,secure
environment for patrons, ,
employees,and vehicles is critical.
Adequate security measures should -jpøt %l*
,
be an integral part of the design. - +' - . 4girftai
The overall design of the structure -� "" ,. ilI ''
should be such that it provides for
Wit , fi
easy surveillance from the street. ')i ""'
4 A . ' ._
The properplacement and design of -- .-- Ji •--
p p g -windows,lighting,and landscaping
increases the ability for police and
others to observe intruders and
maximizes the potential to deter crime.
NMI I
_ ... Elevators- Elevators should be
, located along the exterior periphery of
m, : 11101the building,preferably on a street
"` or side and oriented so that the elevator
_ NM lobby is visible from the street at each
level.The back of the elevator cab and
shaft should be made of glass or other
similar transparent material that will
Len
allow maximum surveillance from the
exterior.
F
-- _ Stairways-As with elevators,
"i ' �--I stairways should be located along the
exterior periphery of the building,
.�_ __ preferably on a street side and
--_:__..e:_ , � Y 4- oriented so that the stairway is visible
from the street at each level. Glass or a
Page 2-14/Site Planning
Design and Development Guide/Biomedical Park
November 2016
similar transparent material should be used to allow visibility.
Access- Pedestrian access into and out of the building should be channeled
thorough only one or two points to allow surveillance either by a cashier or a
remote television camera.
Page 2-15/Site Planning
Design and Development Guide/Biomedical Park
November 2016
Apsendix
SECTION 1
A Protection of Existing Vegetation: Site
developer, through sensitive grading and drainage
plans, shall save stands of natural vegetation
15' outside of all proposed building walls and 5'
outside of all paved areas. The building
developer shall identify, "flag" , and barricade
up to the tree dripline such stands prior to site
clearing or grading operations. Storage of
materials or equipment shall not be allowed
within these barriers during construction and
barriers shall not be removed until finish
grading of sites has been completed. All City of
Virginia Beach and State of Virginia tree
protection notes are applicable and shall be
enforced.
B General requirements of new plantings:
1 . All shade trees along pedestrian walkways
shall have a minimum branch hang height of
6'-8" .
2 . Where shrubs or groundcovers are used,
"massing" is required unless otherwise
approved. Extensive varieties of plants
within one planting bed is discouraged.
3 . Sod rather than seeding is required within
50 ' of all buildings and along all adjacent
roadways which the property lines front.
Minimum width of sod along roadways shall be
15' if applicable .
4. Flowering trees shall have a minimum caliper
of 1 1/2"-2" .
5. Shade trees shall have a minimum caliper of
3 1/2"-4" except for shade trees in parking
lots which shall have a minimum caliper of 2
1/2" - 3" .
Page 2-16/Appendix A
Design and Development Guide/Biomedical Park
November 2016
APPEN'IX A
6. Within the parking field and in adjacent
curbed planting areas, there shall be one
shade tree per 10 parking spaces with a
minimum ground area of 8 ' x 17 ' surrounding
the tree.
7 . Continuous evergreen screening shall be
required along any side of a parking lot
that abutts the right-of-way of any street,
lake or canal. Minimum height of plant
screen along the right of way of any street
shall be 30" , planted 3 ' o.c. ; where parking
lots are visable from lakes or canals the
plant screen shall be 4 ' to 5' in height ,
planted 3 ' o.c. Berrning may be substituted
and shall be a minimum height of 3 ' .
8 . The attached plant list shall dictate
varieties to be used unless otherwise
allowed
9 . All building entry drives shall be well
landscaped with a combination of evergreen
shrubs and flowering shrubs or flower beds,
see (Exhibit L) .
10 . All site utilities such as heat pumps,
transformers, etc. shall be screened with an
evergreen shrub with spacing not to exceed
3 ' o.c. Height of shrub at installation
shall be a minimum height of 4 ' to 5' , see
(Exhibit 1) .
11 . All visible loading docks or loading areas
that abut property lines or street right of
ways shall be screened with evergreen shrubs
or evergreen trees. Minimum height of
shrubs at installation shall be 36" with
spacing not to exceed 3 ' o .c. , minimum
height of evergreen trees shall be 4 '--5' in
height with spacing not to exceed 8 ' o. c. ,
see (Exhibit 1) .
13 . All planting bed areas shall be covered with
a 2" layer of shredded hardwood mulch.
Page 2-17/Appendix A
Design and Development Guide/Biomedical Park
November 2016
A APPENDIX
14 . All plant material, topsoil, mulch,
fertilizers, etc. shall be subject to VBDA
approval . Rejected materials shall be
removed from the site without delay.
15. Location of underground utilities shall be
determined prior to start of work to avoid
damaging.
16. All planting operations shall be under the
supervision of an experienced plantsman.
17. All landscape planting plans shall be
prepared and sealed by a landscape architect
certified to practice as such in the
Commonwealth of Virginia.
18. All plants shall be nursery grown & shall be
in accordance with the most recent edition
of the "American Standard for Nursery
Stock. " Spaded trees may be accepted if
approved
19. All entry drives into each building site
shall be landscaped, see (Exhibit L) .
20. Street trees(3 1/2" - 4" caliper, 14' to 16 '
in height) shall be placed along all
roadways, within the right of way, which
properties abut or adjoin. One tree shall
be provided for every 35' of property line
that adjoins or abutts the roadway.
Existing street trees, 75' off the property
line, in both directions, if applicable,
shall be located and shown on all landscape
planting plans. The spacing of all new
required street trees shall tie into
existing trees maintaining a maximum spacing
of 35' on center.
21. In addition to the above requirements all
landscaping shall comply with the City of
Virginia Beach Landscape Ordinance. Any
discrepancy between the Design Criteria
requirements and the City of Virginia Beach
Landscape Ordinance, the more stringent
requirements shall govern.
Page 2-18/Appendix A
Design and Development Guide/Biomedical Park
November 2016
APPEN P IX A
IRRIGATION
Each site developed shall have an automatic
irrigation system to irrigate all new trees,
shrubs, seeded areas & sodded areas up to the
property line and to any road edges which they
adjoin or front. The irrigation system shall be
designed to provide the proper water requirements
to maintain healthy plant life. Lawn areas and
shrub beds shall be on separate zones.
D SITE LIGHTING
The intent is to create a uniform lighting system
for the exterior lighting of the park
1 . Parking light fixtures shall be a maximum
height of 30 '
2 . Low bollard fixtures or landscape lighting
is recommended for walks and building
entries ,
3 . Building mounted floods will not be
permitted, except in completely internalized
service courts for the research and
development (R&D) areas.
4 . Lighting in parking lots, walkways , signage
and on all buildings shall be "cool white"
mercury vapor lamps. Lighting in all public
right-of--ways shall be high pressure sodium .
5 . Lighting levels will be determined by the
recognized standard of the lighting
industry, as specified in the "Lighting
Handbook of the Illuminating Engineering
Society" . Lighting levels in parking lots
shall be minimum . 5 foot candles.
6. Accent lighting of buildings , landscaping
and signage is required.
7 . All lighting adjacent to residential areas
will be placed in such a way to prevent
glare or overflow lighting into these areas .
Page 2-19/Appendix A
Design and Development Guide/Biomedical Park
November 2016
A APPENDIX
allSITE FURNITURE
Site furniture shall include benches, seats,
tables, trash receptacles, and planters, and
may be placed at building entrance plazas
and at entry walks. All site furniture
shall be selected from a list of standard
furniture, provided by the VBDA, see
(Exhibit H)
.--PROPERTY LINE (NOT APPLICABLE
ADJACENT TO RESIDENTIAL ZONES)
441; 4EVERGREEN TREES
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47.11.. .:: 54;11E-5‘
LOADING Al WAREHOUSE
EVERGREEN SHRUB MASSING 3' 10 4' HEIGHT
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avv. •:„..........x....,.......x.x.:.
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1 "4' Y iV 1�►Fj��' VERCREEN SHRUB MASS 3' TO 4' HEIGHT
IIJI JI/ I.,llt. I/.1...Ill t.iA1E1at.L.1/11l
C)VAMOUS SCREENING REQUIREMENTS SITE UTILITIES AND LOADING DOCKS
Page 2-20/Appendix A
Design and Development Guide/Biomedical Park
November 2016
APPEN'IX A
-I,< ,,tiI1,I',., ','.I !INvA,, EVERGREEN SHRUB
MASSING TO CURB
Ali
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CONTINUOUS 24. HEIGHT
MEDIAN EVERGREEN EVERGREEN HEDGE
SHRUB MASSING
Note: The drawings above are at a conceptual
level to indicate the design intent.
The landscape architect shall respond
to all required City of Virginia Beach
visibility triangles for intersections.
OTYPICAL BUILDING ENTRY DRIVES
Page 2-21/Appendix A
Design and Development Guide/Biomedical Park
November 2016
Transition Area/Interfacility Traffic Area Citizens
Advisory Committee
March 31,2023
Virginia Beach City Council
Building 1,City Hall
3401 Courthouse Drive
Virginia Beach,VA 23456
Dear Mayor Dyer,Vice Mayor Wilson,and Virginia Beach City Council Members,
At the March 30,2023,Transition Area/Interfacility Traffic Area Citizens Advisory
Committee(TA/ITA CAC)meeting,the Virginia Beach Development Authority(VBDA)
presented design and development guideline changes to the Princess Anne Commons
Biomedical Park. The proposed changes reflect design and development guidelines for
what is proposed to be called Innovation Park.After carefully reviewing the plan and red-
lined changes, our committee has concerns regarding the direction of past and future
commercial development.
Based on the information provided at this meeting,the TA/ITA CAC determined that the
guideline changes:
• Fail to preserve the integrity of the remaining area,*
• Fail to define the intent of the site,
• Increase density due to soil types and stormwater guidelines versus considering
the ITA Study that looked at the land, its capabilities,and the cumulative impact
of development,thus outright ignoring the knowledge gained,
• Furthermore,the TA/ITA CAC has concerns about the transparency of what will
come of the property.
The TA/ITA CAC is disappointed with the lack of vision and the willingness to abandon
previous guidelines that protected the view shed on Princess Anne Road.We are
concerned about the lack of transparency and the message this revised plan sends our
citizens.If,at first,we don't succeed, sell out to the first person that comes along despite
our vision. This plan is not honest. It hides behind a clever title and lowers the standard.
Sincerely yours,
Lisa Hartman
Chairperson TA/ITA CAC
*Specific flaws in the revised guidelines:
• The proposed design specs for Innovation Park should be narrower,as stated in the
current standards,to avoid adding buildings with unsightly aesthetic standards based
on their industrial need.
• The name and sought-after tenancy change from a specific high-end use,Biotech,to
a vaguely named Innovation Park,where innovation itself is not a criterion for
occupancy.This is misleading and not in the best interest of VB.
• The proposed Innovation Park design criteria will attract low-end users,most likely
industrial.
• Biotech Park included a specific site/master plan designed as a suburban office
campus with multiple buildings varying in height. However,the proposed Innovation
Park has no site/master plan leaving the ultimate desired look undefined.
• This land is in a high water table area. The proposed Innovation Park impermeable
surface areas need to adequately consider VB water runoff concerns,which will
negatively impact existing properties such as the city-owned VB National Golf
Course,already experiencing drainage problems from recent neighboring
developments.
• If VB is"running out of land,"why should we be anxious to lower our standards to
attract fewer higher-wage desirable jobs? VB is at a historically low unemployment
rate. The City's goal should be to attract good-paying jobs to encourage VB families
to stay, grow,and prosper in VB. Can opportunities to redevelop be considered?
Should we look to land within ACUIZ that cannot be developed for residential?
• While the Acoustic Steel building is already in place, it is sufficiently removed from
the remaining Biotech Park area not to impact the desirability of a suburban office
campus.
Department of Economic Development Responses to Feedback Received from the
TA/ITA CAC to Date
Re: Modification of Proffers Application to Amend the Design and Development
Guidelines for the Innovation Park (2023-PCCC-00006)
May 22, 2023
1. The proposed design specs for Innovation Park should be narrower, as stated in the
current standards, to avoid adding buildings with unsightly aesthetic standards
based on their industrial need.
The following design specifications are the majority of the additional design
standards proposed to be added to the design guidelines: Fencing standards,
Signage standards, Outdoor storage, staging and service areas. Without these
additional standards it will be difficult to achieve an acceptable result for every type
of development that comes to the Park. The primary reason for the proposed design
guidelines is to include that extra guidance and provide clarity of what is expected
for any development type that is permitted under current zoning in the Innovation
Park. Additional language and standards have been added to proposed design
guidelines since the TA/ITA committee last received a briefing on May 4th to further
preserve the Princess Anne corridor viewshed and ensure a high-level of building
aesthetic is achieved, see comment response#8.
2. The name and sought-after tenancy change from a specific high-end use, Biotech, to
a vaguely named Innovation Park, where innovation itself is not a criterion for
occupancy. This is misleading and not in the best interest of VB.
The Innovation Park name was changed by the City of Virginia Beach Development
Authority and City of Virginia Beach leadership through the Capital Improvement
Program in 2019. The Design and Development Guidelines for the Park can be
modified should the Authority and City leadership choose to change the name.
3. The proposed Innovation Park design criteria will attract low-end users, most likely
industrial.
The current and proposed Design and Development Guidelines are not a business
attraction tools. The document's purpose is to provide guidance on site and building
design for any type of development under the current 1-1 zoning within the Park. The
1
intended audience of the document,for instance, is City staff who review
development proposals and the architecture and engineering community who design
them.
Regardless of whether the proposed Design and Development Guidelines are
adopted by City Council, industrial interest in the Park will continue. Industrial real
estate in Hampton Roads is at a less that 1% vacancy rate and is the most common
request received by the City of Virginia Beach Department of Economic
Development. The Department has targeted advanced manufacturing specifically
within the industrial market. Advanced manufacturing uses innovative technologies,
like automation and robotics, to create or improve products or processes. Advanced
manufacturing currently employs more than 54,000 skilled workers in the Virginia
Beach metropolitan service area in industries like offshore wind and defense, and
offers high paying salaries. A sampling of advanced manufacturing positions and
salaries in Virginia Beach are as follows:
• Industrial Production Managers—$121,390
• Manufacturing Engineers—$85,000
• Structural Engineers—$81,892
• Entry Level Engineers—$61,455
• Logistician—$96,114
4. Biotech Park included a specific site/master plan designed as a suburban office
campus with multiple buildings varying in height. However, the proposed
Innovation Park has no site/master plan leaving the ultimate desired look
undefined.
The conceptual plans and renderings of the Biotech Park as found in the Interfacility
Traffic Area Plan were designed to be illustrative in nature and were not intended to
show the ultimate build out of the Park. In drafting the amended guidelines, staff
included elements such as landscaping, outdoor amenity space, building massing,
and lighting that will contribute to the overall creation of a campus style
development without showing a hypothetical master development plan to represent
what might be developed there.
2
5. This land is in a high water table area. The proposed Innovation Park impermeable
surface areas need to adequately consider VB water runoff concerns, which will
negatively impact existing properties such as the city-owned VB National Golf
Course, already experiencing drainage problems from recent neighboring
developments.
Any development within the Innovation Park must conform to the City's current
stormwater management requirements, as amended. Conformance with the City's
stormwater management standards will be reviewed during the site plan review
process for each development. All development must account for the unique
geologic and hydraulic characteristics of each site and will not be permitted to
overburden the drainage systems of any of the surrounding properties.
6. If VB is "running out of land," why should we be anxious to lower our standards to
attract fewer higher-wage desirable jobs? VB is at a historically low unemployment
rate. The City's goal should be to attract good-paying jobs to encourage VB families
to stay, grow, and prosper in VB. Can opportunities to redevelop be considered?
Should we look to land within ACUIZ that cannot be developed for residential?
The City of Virginia Beach was once a fast-growing suburban-style community,
driven largely by US military installations, tourism and agriculture. The City is
currently facing a dwindling supply of developable real estate and flat population
growth. While defense, tourism and agriculture will continue to the be the pillars of
the City's economy,further economic diversification must dccur in order to maintain
the lowest real estate tax rate in the region and high-quality of life into the future.
The Department of Economic Development is the entity charged with growing the
City's tax base and expanding employment opportunities for residents. Guided by
this mission and City Council's strategic goals, it is actively pursuing redevelopment
opportunities such as a prospective high-rise mixed-used redevelopment of the
former Circuit City building on Independence Blvd. in Town Center as well as
participating in the redevelopment of the Pembroke Mall. The Department is also
pursuing opportunities with NAS Oceana to identify, market and develop
underutilized land in and around the installation for new compatible development.
3
Uses that would be compatible include data centers, energy storage facilities and
warehousing.
7. While the Acoustic Steel building is already in place, it is sufficiently removed from
the remaining Biotech Park area not to impact the desirability of a suburban office
campus.
While office building development is still possible in the Innovation Park, market
vacancy rates are around 8%in Hampton Roads with little to no demand in Virginia
Beach for new office building construction at the present time.
8. It's of it most importance that view shed is protected as intended by the PA Corridor
study and others. Acoustic Sheetmetal is an eyesore and more efforts should have
been made to preserve that view shed. That cannot happen again. Proper setbacks
and disguising landscaping should be used to preserve the view as intended in our
publicly vetted and adopted documents state. While this issue is design guidelines, I
think it would be prudent for planning to restate intent of use to attempt to regain
the trust of the citizens who bought into the Biopark and now feel duped.
Also building design, no warehouse box buildings.
The proposed Innovation Park Design and Development Guidelines, if adopted, will
apply to the following properties that have frontage (highlighted in red below)on
Princess Anne Road:
it ,f`'` i 4
v/ l /
jPRINCESS ANNE RD /
IV
efts -
, ,- , :4.
444r
hqr r
The proposed Design Guidelines contain the following development requirements to
protect the viewshed from the Princess Anne Road corridor. The bold text indicates
the revisions incorporated from that last version provided to the TA/ITA CAC:
4
• Section 2.1 Access— "No vehicular access is permitted directly from
Princess Anne Road. Coordinate access with or provide access from the
secondary street system or by cross-parcel easements whenever possible."
• Section 2.2 Parking— "Parking areas are not permitted between the
building and Princess Anne Road right-or-way for properties with frontage
along Princess Anne Road."
• Section 2.3 Fencing— "When fencing fronts any primary public roadways it
shall be located behind a continuous landscape screen or vegetated berm a
minimum of three foot in height, making the plantings the most visible
feature from the street or adjacent parcels. Fencing in front yards shall be
decorative use only and not visually obstruct the building."
• Section 2.4.2. —Building entrances, utility transformers, loading refuse, and
outdoor storage areas, parking lots, entry drives and any property frontage
along Princess Anne Road, shall be well landscaped with a combination of
trees, shrubs and ground covers above and beyond what is required in the
City of Virginia Beach Landscape Ordinance, as amended.
• Section 2.4.3. —Sod, rather than seeding is required within 50'of the front of
the building;all adjoining roads shall have sod along the entire property line
for a minimum of 30'.
• Section 2.4.5. —Street trees shall be placed along all roadways with the Park
at a minimum of one shade tree every 35'of the property line that abuts the
roadway.
• Section 2.4.8. Continuous evergreen screening is required around any visible
loading, storage, staging or refuse area. A planted landscape berm may be
substituted and shall be a minimum height of four to five feet.
• Section 3.2—Breaking the footprint of a large buildings into smaller parts
and varying a building's height is required along the facades with views
from public roadways.
• Section 3.3— The front face(s)and facades with views from public
roadways shall incorporate higher levels of architectural articulation such as
cornices, expression of structural or architectural bays, recessed windows or
doors, material or material module changes, color and/or texture
differences, or strongly expressed mullions.
5
• Section 3.4—Exterior building materials shall be of high quality, durable,
aesthetically pleasing and sustainable.
• Section 3.5 Outdoor Storage, Staging and Services Areas—Loading/service,
outdoor storage and staging areas are permitted in the Park but must fully
concealed from public right-of-way view and located at the rear of the
building to the greatest extent possible.
6
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Property Polygons Whitt G. Sessoms, III & Teresa E. Sessoms �
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Zoning 109 43rd Street
i Building
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A C A A r1A 7A A A CA t
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: WHITT G. SESSOMS, Ill & TERESA E. SESSOMS [Applicants & Property
Owners] Change in Nonconformity (Expansion of dwelling) for the property
located at 109 43rd Street (GPIN 2418963673). COUNCIL DISTRICT 6
MEETING DATE: June 6, 2023
• Background:
The applicants are requesting a Change in Nonconformity to expand their dwelling
at 109 43rd Street. The house, which was constructed in 1935 as part of the
Cavalier Shores neighborhood, predates the adoption of a Zoning Ordinance in
Virginia Beach. The property has two dwellings: a single-family dwelling and an
attached apartment that was historically used as a servant's residence. The two
dwellings are nonconforming as the R-7.5 Residential Zoning District only permits
one dwelling per property. Additionally, the property has deficient front and side
yard setbacks.
The applicants plan to renovate the existing residence by constructing a second-
story addition over an existing one-story wing of the primary dwelling, expanding
the kitchen at the rear of the building, and constructing a pergola at the rear as
well. As part of the renovation, new siding and shutters will be installed, windows
will be replaced in-kind, and the two existing brick chimneys will be repainted.
• Considerations:
The existing nonconformities at 109 43rd Street are commonly found throughout
Cavalier Shores as the neighborhood was developed in the late 1920s and through
the 1930s. While the second-story addition will be located within a deficient side
yard setback, it will be completely located within the existing building footprint and
will not change the separation between the building at 109 43rd Street and the
property immediately adjacent to the west. The proposed expansion of the kitchen
will only add 45 square feet to the building, which is a relatively nominal increase
in size and does not encroach into the rear yard setback. 109 43rd Street is also a
contributing resource in the Cavalier Shores Historic District, a historic district that
was listed in the National Register of Historic Places in 2019. It is also listed in the
local Virginia Beach Historic Register. The proposed alterations are sensitive to
the historic character of the house and will not have an adverse effect on the
historic district.
The continued residential use of this property and the compatible design of the
proposed renovation adhere to the goals of the Comprehensive Plan for residential
Whitt G. Sessoms & Teresa E. Sessoms
Page 2 of 2
areas such as Cavalier Shores. Three letters of support have been submitted by
immediate neighbors and a conditional letter of support has been submitted by the
North Virginia Beach Civic League Zoning Review Committee.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. There is no known opposition to this request.
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend
approval of this item on the Consent Agenda, by a recorded vote of 8-0.
1. Except as modified by any condition below, or as necessary to meet City
Development Ordinances and Standards, the Site shall be developed
substantially in accordance with the concept site layout entitled "Physical
Survey Lot 17 Cavalier Shores," prepared by Gallup Surveyors and Engineers
and is on file in the Department of Planning and Community Development.
2. Except as modified by any condition below, or as necessary to meet City
Development Ordinances and Standards, the Site shall be developed
substantially in accordance with the concept renderings exhibited to Planning
Commission and City Council and are on file in the Department of Planning and
Community Development.
3. The maximum number of dwelling units on the subject Site shall not exceed
two (2).
4. The minimum front yard setback shall be 17 feet. The minimum side yard
setbacks shall be 4.5 feet in the east side yard and 5 feet in the west side yard.
5. Any variation to the proposed building materials as described in the Staff
Report dated May 10, 2023 may be considered subject to the review and
approval of the Director of Planning and Community Development.
• Attachments:
Resolution
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Letters of Support (4)
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval. 1"
Submitting Department/Agency: Planning Department a
City Manager: fikp
1 A RESOLUTION TO ALLOW THE EXPANSION OF A
2 NONCONFORMING STRUCTURE ON PROPERTY
3 LOCATED AT 109 43RD STREET
4
5 WHEREAS, Whitt G. Sessoms, III and Theresa F. Sessoms (the "Applicants")
6 have made application to the City Council for authorization to expand a nonconforming
7 structure at 109 43rd Street and zoned R-7.5 Residential Zoning District;
8
9 WHEREAS, this parcel currently contains two dwelling units, a principal and
10 accessory unit, does not conform to current setbacks, lot coverage or lot size but is
11 nonconforming as it was built in the early 1920s prior to any Zoning ordinance for the City
12 of Virginia Beach
13
14 WHEREAS, the Applicants request approval to expand the nonconforming
15 structure with three (3) small additions, a kitchen addition, a covered patio, and a
16 sunroom;
17
18 WHEREAS, the Planning Commission of the City of Virginia Beach recommended
19 approval of this application on May 10, 2023; and
20
21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion
22 of the nonconforming structure is unlawful in the absence of a resolution of the City
23 Council authorizing such action upon a finding that the proposed structure as expanded
24 be equally appropriate or more appropriate to the zoning district than is the existing
25 structure.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Council hereby finds that the proposed nonconforming structure as
31 expanded will be equally appropriate to the district as is the existing structure under the
32 conditions of approval set forth herein below.
33
34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
35 BEACH, VIRGINIA:
36
37 1 . Except as modified by any condition below, or as necessary to meet City
38 Development Ordinances and Standards, the Site shall be developed substantially in
39 accordance with the concept site layout entitled "Physical Survey Lot 17 Cavalier
40 Shores," prepared by Gallup Surveyors and Engineers and is on file in the
41 Department of Planning and Community Development.
42 2. Except as modified by any condition below, or as necessary to meet City
43 Development Ordinances and Standards, the Site shall be developed substantially in
44 accordance with the concept renderings exhibited to Planning Commission and City
45 Council and are on file in the Department of Planning and Community Development.
46 3. The maximum number of dwelling units on the subject Site shall not exceed two (2).
47 4. The minimum front yard setback shall be 17 feet. The minimum side yard setbacks
48 shall be 4.5 feet in the east side yard and 5 feet in the west side yard.
49 5. Any variation to the proposed building materials as described in the Staff Report
50 dated May 10, 2023, may be considered subject to the review and approval of the
51 Director of Planning and Community Development.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
71.4 ./,e,-,7 oWilop-es‘___) 6\1Lbia. )0.-\)
Planning and Community City Attorney's Office
Development
CA16002
R-2
May 3, 2023
2
Applicants& Property Owners Whitt G. Sessoms, Ill & Teresa E. Agenda Item
Sessoms
likilB Planning Commission Public Hearing May 10, 2023
City Council District 6, formerly Beach 5
Virginia Beach
Request
Change in Nonconformity (Expansion of
Dwelling)
oslir— OP
solo Staff Recommendation 0.1-e't �'�
Approval p p ,,.LE4 oo ,, „
`�lL'oLos.4 pa 9.
Staff Planner e��� t _ '�gj
j
Elizabeth Nowak Co,,Z4 Q.
, A40 �q
O ` p,.L TN
Location Qz43 e3�"A3Ropi.,
iii
109 43rd Street r'
GPIN eROR ,,►.00,01
2418963673T.
Site Size
5,750 square feet ;�,
AI CUZ c, ,� _:0
65-70 dB DNL; Sub-Area 1 k1R
to
Watershed
Atlantic Ocean
Existing Land Use and Zoning District �.
Two single-family dwellings/ R-7.5 Residential 44-41sl .. lwo
% i• . . .
," mip
,,
Surrounding Land Uses and Zoning Districts 10 t Za , k :, ' .a ,
North r : o
43 Half Street ' 43 „� . Az •
R-7. Residential :: ~ '76
Single-family dwelling/ 5 .,z
43IL •} . a
SouthIF.,A f v % '�'�
43rdStreet t .' ‘,
Single-family dwelling/ R-7.5 Residential — ,� "• t - ,
Easttio r„
Single-family dwelling/ R-7.5 Residential Vt.
!T � • , • u � }r �r l i .....
West N `,. .,
Single-family dwelling/ R-7.5 Residential .'_., . , .4 ,.
..: ill -w,,,,: ,. i :.,,:,%3:‘
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 1
Background & Summary of Proposal
• The applicant is requesting a Change in Nonconformity in order to expand an existing dwelling on a nonconforming
lot. The applicant plans to construct a second-story addition atop an existing one-story section of the house. The
project will also expand the kitchen at the rear of the house by moving an exterior wall and will install a covered
porch/pergola over the entrance to the rear unit.
• The subject property, 109 43rd Street, is located in Cavalier Shores, a residential neighborhood that was developed in
the early twentieth century. This residence was built in 1935.
• Like most of the properties in Cavalier Shores, 109 43rd Street was developed prior to the adoption of any zoning
ordinance in the City of Virginia Beach. There are several nonconformities associated with this property, including:
o Two residential dwellings on one lot (a single-family house with an attached rear servant's residence that
are separately metered)
o Deficient side,front, and rear yard setbacks
o Lot coverage that exceeds the maximum defined in the Zoning Ordinance for a property zoned R-7.5
Residential
o Minimum lot size
• The applicant's proposal to construct a second story addition and rear pergola will intensify existing encroachments
into the deficient setbacks and will expand the nonconforming residence.
• The proposed second-story addition will accommodate the addition of a master suite on the second story.The new
room will require the addition of a cross-gable roof, altering the building's outline. An entry door on the first story
will be redesigned and will have a new metal roof. Windows throughout the house are proposed to be replaced in-
kind and new shutters will be installed. New siding will be installed that matches the existing siding and will be
toothed in to create a seamless look. The existing brick chimneys will be repainted.
• Other elements of the proposed renovation include the installation of a large window and glass door in the west
wall of the rear dwelling unit, and the installation of a covered porch/pergola over the entrance to the rear unit.
• Cavalier Shores is listed as a historic district in the National Register of Historic Places for its association with the
historic development of the City of Virginia Beach and for its architecture.The dwellings at 109 43rd Street are
identified as contributing resources in the Cavalier Shores Neighborhood Historic District.This property is also
individually listed in the Virginia Beach Historical Register.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 2
R/S
y t.
� R, - 1 R
qG G.
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fy 7,5l� \ ,
No Zoning History to Report
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R7.
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a
Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Evaluation & Recommendation
In Staff's opinion, this request for a Change in Nonconformity is acceptable. While the proposed alterations will further
intensify the existing encroachment into deficient setbacks, the addition will largely be within the existing footprint of
the building. In R-7.5 Residential district, minimum side yard setbacks are required to be five feet and ten feet. The
existing building has an east side yard of 4.6 feet and a west side yard of 5.5 feet. Given the narrowness of the existing
east side yard at 4.6 feet, this would be considered smaller setback and the west side yard at 5.5 feet, the larger setback.
As such, both side yard setbacks as required in the R-7.5 Residential district are encroached upon by the existing
building. To rectify this, Staff recommends Condition 4, which in part states that the new side yard setbacks would be
4.5 feet on the east side and five feet on the west side. Additionally, the minimum front yard setback is 30 feet, while
the existing building is setback 17.3 feet. Recommended Condition 4 also addresses the nonconforming nature of the
front yard setback.The rear yard setback required for R-7.5 Residential-zoned properties is 20 feet; the existing building
meets this setback, and no deviations are requested for this dimensional standard. The alterations will intensify the
existing nonconforming residence; however, overall, the increase is moderate and will have no negative effect on
neighboring properties.
Consideration of the property's historical and cultural significance, as shown by its inclusion in the Cavalier Shores
Historic District and its listing in the Virginia Beach Historical Register, is apparent in the proposed design and materials.
The proposed design is compatible with the existing historic building; it will use the same type of window sizes and
window units, as well as the same siding. The chimneys, which are a character-defining feature, shall be retained and
repainted. Shutters to be installed will be operable and will match ones currently installed on the house. While the
pergola and the alterations to the rear servant's residence are more modern in design, they are relatively hidden from
public rights-of-way and will have a minimal impact on the building's overall character, design, feeling, and setting. The
proposed roof feature above the new entry door on the south elevation differs from an existing gable roof on the east
elevation; however, similar features are located elsewhere in Cavalier Shores, and the overall impact of these alterations
will not adversely affect this property's historical integrity.
For these reasons, Staff recommends approval of the request subject to the conditions and exhibits below.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 3
Recommended Conditions
1. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards,
the Site shall be developed substantially in accordance with the concept site layout entitled "Physical Survey Lot 17
Cavalier Shores," prepared by Gallup Surveyors and Engineers and is on file in the Department of Planning and
Community Development.
2. Except as modified by any condition below, or as necessary to meet City Development Ordinances and Standards,
the Site shall be developed substantially in accordance with the concept renderings exhibited to Planning
Commission and City Council and are on file in the Department of Planning and Community Development.
3. The maximum number of dwelling units on the subject Site shall not exceed two (2).
4. The minimum front yard setback shall be 17 feet.The minim side yard setbacks shall be 4.5 feet in the east side yard
and 5 feet in the west side yard.
5. Any variation to the proposed building materials as described in the Staff Report dated May 10, 2023 may be
considered subject to the review and approval of the Director of Planning and Community Development.
Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
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.
Comprehensive Plan Recommendations
This site is located in the Suburban Area of the city. A guiding principle of the Suburban Area is to protect and enhance
buildings of cultural and historic significance. Proposed designs and materials should complement the existing structure
and surrounding area, as well as preserve character-defining features.This change does not appear to increase the
nonconformity in a substantial way and would be supported by the Comprehensive Plan.
Natural & Cultural Resources Impacts
The site is located in the Atlantic Ocean Watershed.
The house at 109 43rd Street is a contributing resource in the Cavalier Shores National Register Historic District.
Additionally, the house is individually listed in the Virginia Beach Historical Register.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 4
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
43rd Street No data available No change anticipated2
1 Average Daily Trips 2 as defined by two single-family
residences
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
The MTP identifies 43rd Street as a two-lane local street. There are not CIP projects planned for this area.
Public Utility Impacts
Water & Sewer
The site is currently connected to city water and sanitary sewer.
Public Outreach Information
Planning Commission
• The applicant reported that they met with the surrounding property owners. Three letters of support have been
received by Staff relating no concerns about the proposed alterations.
• The applicant provided information of their project to the North Virginia Beach Civic League Zoning Review
Committee. The committee provided a letter of conditional support of the request to Staff on May 1, 2023.
• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 10, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and
April 30, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on April 24, 2023.
• This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on May 4, 2023.
City Council
• As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code, the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 5
Resolution
1 A RESOLUTION TO ALLOW THE EXPANSION OF A
2 NONCONFORMING STRUCTURE ON PROPERTY
3 LOCATED AT 109 43RD STREET
4
5 WHEREAS, Whitt G. Sessoms, III and Theresa F. Sessoms (the "Applicants")
6 have made application to the City Council for authorization to expand a nonconforming
7 structure at 109 43rd Street and zoned R-7.5 Residential Zoning District;
8
9 WHEREAS, this parcel currently contains two dwelling units, a principal and
10 accessory unit, does not conform to current setbacks, lot coverage or lot size but is
11 nonconforming as it was built in the early 1920s prior to any Zoning ordinance for the City
12 of Virginia Beach
13
14 WHEREAS, the Applicants request approval to expand the nonconforming
15 structure with three (3) small additions, a kitchen addition, a covered patio, and a
16 sunroom;
17
18 WHEREAS,the Planning Commission of the City of Virginia Beach recommended
19 approval of this application on May 10, 2023;and
20
21 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the expansion
22 of the nonconforming structure is unlawful in the absence of a resolution of the City
23 Council authorizing such action upon a finding that the proposed structure as expanded
24 be equally appropriate or more appropriate to the zoning district than is the existing
25 structure.
26
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
28 VIRGINIA BEACH, VIRGINIA:
29
30 That the City Council hereby finds that the proposed nonconforming structure as
31 expanded will be equally appropriate to the district as is the existing structure under the
32 conditions of approval set forth herein below.
33
34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
35 BEACH, VIRGINIA:
36
37 1. Except as modified by any condition below, or as necessary to meet City
38 Development Ordinances and Standards,the Site shall be developed substantially in
39 accordance with the concept site layout entitled "Physical Survey Lot 17 Cavalier
40 Shores," prepared by Gallup Surveyors and Engineers and is on file in the
41 Department of Planning and Community Development.
42 2. Except as modified by any condition below, or as necessary to meet City
43 Development Ordinances and Standards,the Site shall be developed substantially in
44 accordance with the concept renderings exhibited to Planning Commission and City
45 Council and are on file in the Department of Planning and Community Development.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 6
Resolution
46 3. The maximum number of dwelling units on the subject Site shall not exceed two(2).
47 4. The minimum front yard setback shall be 17 feet. The minimum side yard setbacks
48 shall be 4.5 feet in the east side yard and 5 feet in the west side yard.
49 5. Any variation to the proposed building materials as described in the Staff Report
50 dated May 10, 2023, may be considered subject to the review and approval of the
51 Director of Planning and Community Development.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of ,2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Planning and Community City Attorney's Office
Development
CA16002
R-2
May 3,2023
2
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 7
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Agenda Item 5
Page 9
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Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 10
Existing Floor Plan
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Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 11
Proposed Floor Plan
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Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 12
Site Photos
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Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 13
Disclosure Statement
Disclosure Statement V13
City Bark
Planning&Commun't.
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Whitt G.Sessoms,Ill&Teresa E.Sessoms
Does the applicant have a representative? •Yes ❑No
• If yes,list the name of the representative.
R Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes No
• If yes,list the names of all officers,directors,members,trustees,etc.below (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity`relationship with the applicant. (Attach
a list if necessary)
"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
"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(hi)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101
Revised 11 09.2020 1 I
Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 14
Disclosure Statement
Disclosure Statement
c ry�f Vapima
Planning&Community
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes • No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑Yes ■No
• If yes,identify the financial institutions providing the service
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes I No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes ®No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner prov ded in connection with the subject of
the application or any business operating or to be operated on the property?i Yes ❑ No
• If yes,identify the firm and individual providing the service.
Carroll W.Johnson,Residential Designs,Ltd.
5. Is there any other pending or proposed purchaser or the subject property?❑Yes ® No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 2
Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 15
Disclosure Statement
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6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?IN Yes ❑ No
• If yes,identify the company and individual providing the service.
Chris Ettel,VB Homes Design Build
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?■Yes 0 No
• If yes,identify the firm and individual providing the service.
David R.Butler,Gallup Surveyors&Engineers.Ltd.
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?■Yes 0 No
• If yes,identify the firm and individual providing the service.
R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
:"4/ 5---------'' i� 1Gre SD cssa•rr
Applicant Signature
Whitt G.Sessoms,Ill Teresa E.Sessoms
Print Name and Title
fiAdi 22
Date
Is the applicant also the owner of the subject property? ■Yes 0 No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
X No changes as of Date 05/24/2023 signature CSiCr-6 /(/BG %
Print Name Eli beth Nowak
—`Revised 11.09.2020 Wage
Whitt G. Sessoms, III &Teresa E. Sessoms
Agenda Item 5
Page 16
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
Whitt G. Sessoms, Ill &Teresa E. Sessoms
Agenda Item 5
Page 17
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 5
Whitt G. Sessoms, Ill & Teresa E. Sessoms (Applicants & Property Owners)
Change in Nonconformity (Expansion to Principal Dwelling)
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you, Mr. Coston. The next item on consent Agenda is item number
five, Whitt G. Sessoms, Ill and Teresa E. Sessoms change in
nonconformity.
Mr. Bourdon: Thank you, Mr. Vice Chair for the record, Eddie Bourdon, Virginia Beach
Attorney representing Mr. and Mrs. Sessoms. We greatly appreciate being
on the consent agenda. I want to thank Elizabeth for her diligent hard work
on this application. All five conditions as recommended are acceptable to
my clients.
Mr. Horsley: Thank you.
Mr. Bourdon: Thank you.
Mr. Horsley: Is there any opposition? Hearing none. We've asked Commissioner
Cuellar to read this.
Ms. Cuellar: Thank you. The applicant is requesting a change in nonconformity in order
to expand an existing dwelling on a nonconforming lot. The applicant plans
to construct a second story edition atop in existing one-story section of the
house. The project will also expand the kitchen at the rear of the house by
moving an exterior wall and will install a covered porch pergola over the
entrance to the rear unit. The subject property 109 43rd Street is located in
Cavalier Shores. The applicant has agreed to all the conditions. There are
multiple letters of support, no letters of opposition, and both staff is
recommending for approval and the planning commission recommends for
the consent agenda.
Mr. Horsley: Thank you, Ms. Cuellar. So, Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee X
CONDITIONS
1. Except as modified by any condition below, or as necessary to meet City
Development Ordinances and Standards, the Site shall be developed substantially in
accordance with the concept site layout entitled "Physical Survey Lot 17 Cavalier
Shores," prepared by Gallup Surveyors and Engineers and is on file in the
Department of Planning and Community Development.
2. Except as modified by any condition below, or as necessary to meet City
Development Ordinances and Standards, the Site shall be developed substantially in
accordance with the concept renderings exhibited to Planning Commission and City
Council and are on file in the Department of Planning and Community Development.
3. The maximum number of dwelling units on the subject Site shall not exceed two (2).
4. The minimum front yard setback shall be 17 feet. The minim side yard setbacks shall
be 4.5 feet in the east side yard and 5 feet in the west side yard.
5. Any variation to the proposed building materials as described in the Staff Report
dated May 10, 2023 may be considered subject to the review and approval of the
Director of Planning and Community Development.
NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONING REVIEW COMMITTEE
May 1 , 2023
MEMO
Members of the Virginia Beach Planning Commission
City of Virginia Beach
Dear Planning Commissioners
Re: Whitt G. Sessoms, III & Teresa E. Sessoms (Applicants & Property Owners)
Change in Nonconformity (Expansion to Principal Dwelling)
Address: 109 43"Street / GPIN(s): 2418963673
City Council: District 6, formerly Beach
The North Virginia Beach Civic League (NVBCL) Zoning Review Committee (ZRC)
received information from the applicant's land use attorney and reviewed the
merits of the application. An older single-family home with a garage and
attached dwelling unit currently exists on a single parcel zoned R7.5. The current
conditions represent a historic development pattern of our North End
neighborhood within the Historic Cavalier Shores neighborhood. The applicant
wishes to retain the existing house along with the renovations and additions. The
NVBCL conditionally supports this request that the review comments from Mr.
Mark Reed, City of Virginia Beach's Historic Review Preservation staff are
incorporated within the final design documents. The NVBCL ZRC fully reviewed
the applicant's proposal and conditionally supports the restoration of this
residential property in keeping with the historic character of the neighborhood.
Members of the NVBCL Zoning Review Committee:
Billy Almond 209 - 70th Street
Willy Fluharty 303 - 49th Street
Mary Lee Harris 216 - 55th Street
Dave Jester 200 - 63rd Street
Jo Anne Moore 300 - 55th Street
Bernice Pope 214 - 44th Street
Molly Oberst 106 A-65th Street
Martin Waranch 1 1 1 - 66th Street
Gerrie West 217 - 75th Street
Hobie Whitmore 311- 48th Street
Jay Woodard 204 - 74th Street
1
Members of Virginia Beach Planning Commission and
Members of Virginia Beach City Council
c/o Mr. Bobby Tajan, Planning Director & Ms. Elizabeth Nowak,
Planner,
2875 Sabre Street,
Suite 500,
Virginia Beach, Virginia 23452
RE: Application of 109 43rd Street for a Change in Nonconformity
Dear Mr. Tajan:
We own 103 43rd Street and support the above-mentioned
application of Whitt and Terri Sessoms to construct the attached
improvements to their home. We have seen their plans for these
small tasteful additions and believe they will be an enhancement to
the 100 block of the Historic Oceanfront Cavalier Shores
neighborhood.
With Best Regards,
Mr. James C. Mcaa, III
Members of Virginia Beach Planning Commission and
Members of Virginia Beach City Council
c/o Mr. Bobby Tajan, Planning Director & Ms. Elizabeth Nowak,
Planner,
2875 Sabre Street,
Suite 500,
Virginia Beach, Virginia 23452
RE: Application of 109 43rd Street for a Change in Nonconformity
Dear Mr. Tajan:
We own 101 43u Street and support the above-mentioned
application of Whitt and Terri Sessoms to construct the attached
improvements to their home. We have seen their plans for these
small tasteful additions and believe they will be an enhancement to
the 100 block of the Historic Oceanfront Cavalier Shores
neighborhood.
With Best Regards,
Simmons Family Living Trust
By: h?.a, t-dd
n tit4
Members of Virginia Beach Planning Commission and
Members of Virginia Beach City Council
c/o Mr. Bobby Tajan, Planning Director & Ms. Elizabeth Nowak,
Planner,
2875 Sabre Street,
Suite 500,
Virginia Beach, Virginia 23452
RE: Application of 109 43rd Street for a Change in Nonconformity
Dear Mr. Tajan:
We own 4288 Ocean Front Ave. and support the above-mentioned
application of Whitt and Terri Sessoms to construct the attached
improvements to their home. We have seen their plans for these
small tasteful additions and believe they will be an enhancement to
the 100 block of the Historic Oceanfront Cavalier Shores
neighborhood.
With Best Regards,
S Michael S ocl t ocabl ust
By: /L_
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Property Polygons Commonwealth Auto Group, Inc
Q Zoning 4873 Haygood Road
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: COMMONWEALTH AUTO GROUP, INC [Applicant] BAYSIDE PROPERTIES,
LLC [Property Owner] Modification of Conditions to a Conditional Use
Permit (Motor Vehicle Sales & Rentals) for the property located at 4873
Haygood Road (GPIN 1478142890). COUNCIL DISTRICT 9
MEETING DATE: June 6, 2023
• Background:
This is a request to modify the conditions of a Conditional Use Permit to operate a
motor vehicles sales and rentals business approved by City Council on July 6,
2021. The applicant proposes to modify the approved conceptual site plan to
construct a 1,950 square foot building on this 37,730 square foot B-2 Community
Business zoned parcel. The proposed 1,950 square foot gray metal fabricated
building will be 14 feet in height and located behind an existing six-foot tall wood
privacy fence at the rear of the property. The building will be used to store
maintenance supplies as well as provide a safe space to store motorcycles and
high-end vehicles overnight. The applicant also intends to use the building to clean
and prep vehicles during inclement weather. Typical hours of operation will remain
as 9:00 a.m. to 6:00 p.m., Monday through Saturday with up to four employees on
the property during regular business hours.
• Considerations:
The site meets the requirements set forth in Section 239 of the Zoning Ordinance
for Motor Vehicles Sales and Rentals. In Staffs view and the Planning Commission
concurred, the proposal is compatible with existing uses along this section of
Haygood Road and is in keeping with the policies and goals set forth in the
Comprehensive Plan for the Suburban area. Although the layout does not align
with the Special Area Development Guidelines for the Suburban Area which calls
for access points to be consolidated and buildings to be located towards the front
of a parcel with parking located at the rear of the site, since the building and parking
area is existing, Staff and the Planning Commission are supportive of the proposed
modification. The proposal is not immediately adjacent to residential uses and will
provide a service to the community. Further details pertaining to the application,
as well as Staffs evaluation, are provided in the attached Staff Report. There is
no known opposition to this request.
Commonwealth Auto Group, Inc
Page 2 of 3
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend this
item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval
of this request.
1. All conditions attached to the previous Conditional Use Permit granted on July
6, 2021, are hereby deleted, and superseded by the following conditions.
2. When the property is redeveloped, it shall be in substantial conformance with
the concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD, VIRGINIA
BEACH, VA 23455, USA", dated 3/01/2023, which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning &
Community Development.
3. The exterior of the building shall be in substantial conformance with the
appearance, size, color, and materials shown on the submitted elevations
entitled "Storage Building for Commonwealth Auto Group", dated 3/01/2023,
which has been exhibited to the Virginia Beach City Council and is on file in
the Department of Planning & Community Development.
4. All the curbing, bollards, and surfaces on the site where the painting is chipping
or is otherwise in obvious despair shall be repainted and maintained while the
use is active.
5. The total number of vehicles displayed for sale shall be limited to 38.
6. All landscaping shall be maintained on-site in accordance with the approved
Landscape Plan including the landscaping located within the right-of-way.
7. All signage on the site shall meet the requirements of the Zoning Ordinance.
A separate sign permit shall be obtained from the Department of Planning &
Community Development for the installation of any new signage.
8. The vehicle prep area shown on the Conceptual Site Plan, identified in
Condition 1, shall not be used to display vehicles for sale at any time.
9. All vehicles for sale shall be located on a paved surface within the designated
display area identified on the plan referenced in Condition 1 above. No
vehicles shall be displayed on raised platforms, earthen berms, landscape
islands, or any other structure designated to display a vehicle higher than the
elevation of the main parking lot.
10. There shall be no storage of tires, merchandise, or debris of any kind outside
of the building.
Commonwealth Auto Group, Inc
Page 3 of 3
11. No outside storage of vehicles in a state of obvious disrepair shall be permitted
on the site.
12. There shall be no auto repair or service on the site.
13. There shall be no outside audio speakers for any purpose.
14. There shall be no signs which contain or consist of pennants, ribbons,
streamers, spinners, strings of light bulbs, or other similar moving devices on
the site or on the vehicles. There shall be no signs which are painted, pasted,
or attached to the windows, utility poles, trees, or fences, or in an unauthorized
manner to walls or other signs. There shall be no portable or nonstructural
signs, or electronic display signs on the site. There shall be no neon or
electronic display signs, or accents installed on any wall area of the exterior of
the building, in or on the windows, or on the doors. No window signage shall
be permitted.
15. All outdoor lights shall be shielded to direct light and glare onto the premises,
said lighting and glare shall be deflected, shaded, and focused away from all
adjoining properties.
■ Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department C.:(1-0-(D-
City Manager:AO
Applicant Commonwealth Auto Group, Inc Agenda Item
Property Owner Bayside Properties, LLC
Planning Commission Public Hearing May 10, 2023
c�ryof City Council District 9, formerly Bayside
4
Virginia Beach
Request
Modification of Conditions (Motor Vehicle
Sales & Rentals)
7 i Kifiko\}.. iii
:st -,... ---\
Staff Recommendation
Approval ��''� "I
Staff Planner cp
Marchelle Coleman Q,s �smo 5,
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14
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9��� O �\NSNP OJt,99 y 'Location �a SlG�` j4873 Haygood Road w \ \ q ,
G P I N we
p. �'y`I� Sig°aN�y Ga0�`��os OX PJ
1478142890 `°N °,,,fr„ Sos. ^
Site Size : A N ibc lb,,"
37,730 square feety ��°o �`<<`"
AICUZ i <<'`�"(4, > -,
Less than 65 dB DNL • 6(`O
Watershed N./
Chesapeake Bay
Existing Land Use and Zoning District
Motor Vehicle Sales & Service/ B-2 Community _ •}�,
Business • r •" ``
v _ , . .
SurroundingLand Uses and ZoningDistricts
“;.- K ,_00 7 eh
North Trip, .
Haygood Road ; �o ..'`, ^.` / R` --
Shopping center/ B-2 Community Business S ..�♦'‘' - 4,
South 1° .
Office/ B-2 Community Business '1 f • 4,' .- ,
East \. 4 .-
Office/ B-2 Community Business ; -. .• , • _ ,,,4
West z t .• t*' `
Aragona Boulevard ► ♦ A.
Auto sales, shopping center/ B-2 Community i _ * �: i -�o�
•
Business ` Ai ! �..e. —. . DES ,to
Commonwealth Auto Group, Inc
Agenda Item 4
Page 1
Background & Summary of Proposal
• The applicant is requesting to modify the conditions of a Conditional Use Permit for Motor Vehicle Sales& Rentals,
approved by City Council on July 6, 2021, in order to construct a 1,950 square foot storage building at the rear of the
37,730 square foot B-2 Community Business zoned parcel.
• The previous approval required the site to be constructed in substantial conformance with the 2021 approved
conceptual plan. Since the proposed 1,950 square foot storage building was not shown on that plan, a Modification
of Conditions application is required.
• The existing six-foot tall wood privacy fence screens the entire rear yard which includes the employee parking area,
a mechanical building, vehicle prep area, and dumpster.
• The 1,950 square foot gray metal fabricated building will be placed in the rear of the site and will match the color of
the existing buildings on site.
• The proposed building will be used to store maintenance supplies such as power washers, shampoo machines, lawn
equipment, ladders and spare parts as well as provide a safe space to store motorcycles and high-end vehicles
overnight. The applicant also intends to use the building to clean and prep vehicles during inclement weather.
• Typical hours of operation are 9:00 a.m. to 6:00 p.m., Monday through Saturday.There will be up to four employees
on the property during regular business hours.
Rs 5
2
ao \
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,0- , Zoning History
\' # Request
\, \ ` 1 CUP(Motor Vehicle Sales& Rentals)Approved
\ \ 07/06/2021
���\�/ /%i \ E2EE :PaIr
c, \-
2 r3
%� \ ;\ ° \.; 4 CUP(Motor Vehicle Sales)Approved 01/22/2002
-R .�', (2 �R7.3
Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Evaluation & Recommendation
This request for a Modification of Conditions is, in Staff's opinion, acceptable. The request is consistent with the policies
and goals set forth in the Comprehensive Plan for the Suburban Area, as the auto sales business provides a service to the
surrounding area and is compatible with the number of automobile related service uses along this section of Haygood
Road. Although the layout does not align with the Special Area Development Guidelines for the Suburban Area which
Commonwealth Auto Group, Inc
Agenda Item 4
Page 2
calls for access points to be consolidated and buildings to be located towards the front of a parcel with parking located
at the rear of the site, since the building and parking area is existing, staff is supportive of the proposed modification.
The Conceptual Site Plan, previously approved by City Council, will change slightly to construct the proposed 1,950
storage building in the rear of the site. As mentioned previously, the building will be used for storage of maintenance
equipment, motorcycles and high-end vehicles, and for the prepping and cleaning of vehicles during inclement weather.
In Staff's opinion, the installation of the storage building will eliminate the visibility of equipment stored on the site and
will provide shelter for employees when preparing vehicles that have been sold. For these reasons, Staff does not
anticipate any adverse impacts to surrounding properties and recommends approval of this request subject to the
conditions listed below.
Recommended Conditions
1. All conditions attached to the previous Conditional Use Permit granted on July 6, 2021, are hereby deleted, and
superseded by the following conditions.
2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN,
4873 HAYGOOD ROAD,VIRGINIA BEACH,VA 23455, USA", dated 3/01/2023, which has been exhibited to the
Virginia Beach City Council and is on file in the Department of Planning & Community Development.
3. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials
shown on the submitted elevations entitled "Storage Building for Commonwealth Auto Group", dated 3/01/2023,
which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&
Community Development.
4. All the curbing, bollards, and surfaces on the site where the painting is chipping or is otherwise in obvious despair
shall be repainted and maintained while the use is active.
5. The total number of vehicles displayed for sale shall be limited to 38.
6. All landscaping shall be maintained on-site in accordance with the approved Landscape Plan including the
landscaping located within the right-of-way.
7. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be
obtained from the Department of Planning &Community Development for the installation of any new signage.
8. The vehicle prep area shown on the Conceptual Site Plan, identified in Condition 1, shall not be used to display
vehicles for sale at any time.
9. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan
referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape
islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot.
10. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
11. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
12. There shall be no auto repair or service on the site.
Commonwealth Auto Group, Inc
Agenda Item 4
Page 3
13. There shall be no outside audio speakers for any purpose.
14. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or
other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or
attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs.There
shall be no portable or nonstructural signs, or electronic display signs on the site. There shall be no neon or
electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or
on the doors. No window signage shall be permitted.
15. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be
deflected, shaded, and focused away from all adjoining properties.
Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
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.
Previous 2021 CUP Conditions
1. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "SITE PLAN,
4873 HAYGOOD ROAD,VIRGINIA BEACH, VA 23455, USA", dated 6/14/2021 and prepared by J.C. PAZ, DOXA, Inc.,
which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&
Community Development.
2. The exterior of the building shall substantially adhere in appearance, size, color, and materials to the submitted
elevations entitled "BUILDING ELEVATION,4873 HAYGOOD ROAD, VIRGINIA BEACH,VA 23455, USA", dated
5/22/2021 and prepared by J.C. PAZ, DOXA, Inc., which has been exhibited to the Virginia Beach City Council and is
on file in the Department of Planning &Community Development.
3. All the curbing, bollards, and surfaces on the site where the painting is chipping or in obvious despair shall be
repainted and maintained while the use is active.
4. The total number of vehicles displayed for sale shall be limited to 38 vehicles and no vehicles for sale shall be
available behind the building in the "Vehicle Prep Area" as denoted on the plan.
5. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning and
Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy. The
Landscaping Plan shall address all requirements of the Landscaping Guide including, but not limited to, the
installation of street frontage plantings, building foundation plantings, and interior display plantings, and as
identified on the Landscape Plan. All landscaping shall be maintained on-site in accordance with the approved
Landscape Plan including the landscaping located within the right-of-way.
Commonwealth Auto Group, Inc
Agenda Item 4
Page 4
6. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be
obtained from the Planning Department for the installation of any signage.
7. The freestanding sign to remain on site shall be repainted to match the color of the building, as depicted in the
rendering on page 9 of this report.
8. The canopy structure on the site shall be removed prior to operation of the Motor Vehicles Sales and Rentals
establishment.
9. The vehicle prep area shown on the concept plan, identified in Condition 1, shall not be used to display vehicles for
sale at any time.
10. All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan
referenced in Condition 1 above. No vehicles shall be displayed on raised platforms, earthen berms, landscape
islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot.
11. Prior to operation of the Motor Vehicles Sales and Rentals establishment, the areas of the parking lot identified on
the plan referenced in Condition 1 above shall be repaved and the entire parking lot shall be restriped to reflect all
parking spaces required by the Zoning Ordinance, including handicap spaces in accordance with the Americans with
Disabilities Act (ADA).
12. There shall be no storage of tires, merchandise, or debris of any kind outside of the building.
13. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site.
14. There shall be no auto repair or service on the site.
15. There shall be no outside audio speakers for any purpose.
16. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or
other similar moving devices on the site or on the vehicles.There shall be no signs which are painted, pasted, or
attached to the windows, utility poles,trees, or fences, or in an unauthorized manner to walls or other signs. There
shall be no portable or nonstructural signs, or electronic display signs on the site.
17. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the
building, in or on the windows, or on the doors. No window signage shall be permitted.
18. All outdoor lights shall be shielded to direct light and glare onto the premises, said lighting and glare shall be
deflected, shaded, and focused away from all adjoining properties.
Comprehensive Plan Recommendations
The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles
for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability;
protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a
transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities
either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and
attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering
with respect to type, size, intensity, and relationship to the surrounding uses.
Commonwealth Auto Group, Inc
Agenda Item 4
Page 5
Natural & Cultural Resources Impacts
The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated
with this site.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
Haygood Road 20,700 ADT1 25,100 ADT 1(LOS 4"D") Existing Land Use Z—2,400 ADT
Proposed Land Use 3 73 ADT
'Average Daily Trips 2 as defined by an automobile 3 as defined by a used automobile 4 LOS=Level of Service
service station with 12 fueling sales establishment with a 1,950 SF
pumps and convenience store storage building addition
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
Haygood Road is a four-lane minor urban arterial.The MTP shows a four-lane minor arterial with an ultimate right-of-
way of 110-feet.There are currently no CIP projects scheduled for this segment of Haygood Road.
Public Utility Impacts
Water & Sewer
The site is currently connected to both City water and sanitary sewer services.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 10, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and
April 30, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on April 24, 2023.
• This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on May 4, 2023.
City Council
• As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code, the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023.
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
Commonwealth Auto Group, Inc
Agenda Item 4
Page 6
Proposed Conceptual Site Plan
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Commonwealth Auto Group, Inc
Agenda Item 4
Page 7
Proposed Elevation Plan
MATERIALS/COLORS
Material: Metal Fabricated Building
Color: Gray
111
Height
FRONT
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COMMONWEALTH AUTO GROUP
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Commonwealth Auto Group, Inc
Agenda Item 4
Page 8
Site Photos
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Commonwealth Auto Group, Inc
Agenda Item 4
Page 9
Site Photos
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Commonwealth Auto Group, Inc
Agenda Item 4
Page 10
Disclosure Statement
Disclosure Statement
teyof V.' •r+ 7
Nanning off Community
k. ek pment
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body
Applicant Disclosure
Applicant Name COrtmotwi4•J A —
Does the applicant have a representative? (g Yes 0 No
• If yes,list theaft%
name of(the representative.
i��e i
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?st( Yes ElNo
• if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach
a list if necessary)
"Parent-subsidiary relationship"means'a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,of(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 ane Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
1 O1' 1
Commonwealth Auto Group, Inc
Agenda Item 4
Page 11
Disclosure Statement
Disclosure Statement N/13
�.Q l canning Sr Community.
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes O
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
"Yes 0 No
• If yes,identify the financial institutions providing the service.
2. Does the appl ant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑ Yes X No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided
�in connection with the subject of
the application or any business operating or to be operated on the property?El Yes lam!No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes iliNo
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?0 Yes No
• q yes,identfy the purchaser and purchaser's service providers.
2l .
Commonwealth Auto Group, Inc
Agenda Item 4
Page 12
Disclosure Statement
Disclosure Statement *Vi3
may,4t ,J._ *
Planning&Community
• —11111\rilir
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑Yes lotac No
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?0 Yes ['No
• If yes,identify the firm and individual providing the service.
8. Is the applicant receiving legal services In connection with the subject of the application or any business operating or to be
operated on the property?❑Yes ER No
• If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contaned in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
ApplicaA Signature
1Zee r Print Name and Title
Date
Is the applicant also the owner of the subject property? Yes ❑ No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must he updated two(2}weeks prior to any Planning Commission and City Council meeting
that pertains to the applications s
No changes as of Date 5/18/2023
Print Hams Marchelle L. Coleman
Revised 31 Page
Commonwealth Auto Group, Inc
Agenda Item 4
Page 13
Disclosure Statement
Disclosure Sta I�.-
i t'q t i''lie4g —f
Planning Sr Cam r
Development
Owner Disdosure - -
Owner Name 1(54‘.-- �i -# s L,l�
Applicant Name (1 eNoic• s..// t _
Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?, - es D NO
• 14 yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity"relationship with the Owner. (Attach a
list if necessary)
Known Interest by Publ?c Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes No
• if yes,what is the name of the official or employee and what is the nature of the interest?
''Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101,
"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same perso i 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,
5 ( F ge'
Commonwealth Auto Group, Inc
Agenda Item 4
Page 14
Disclosure Statement
Disclosure Statement
Ptama.
Fanning S Community
Dev opment
•
Owner Services Disclosure
1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any
financing in connection with the subject of the application or any business operating or to be operated on the property?
kr Yes ❑ No
• If yes,identify the financial institutions providing the service.
317.1tkliA1 ‘
2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes i$rNo
• if yes,identify the company and individual providing the service.
3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the
application or any business operating or to be operated on the property?❑Yes g No
• If yes,identify the firm and individual providing the service.
4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes Zi NO
• If yes,identify the firm and individual providing the service
5. Is there any other pending or proposed purchaser of the subject property?❑ Yes No
• If yes,identify the purchaser and purchaser's service providers.
6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑ Yes No
• If yes,identify the company and individual providing the service.
7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating
or to be operated on the property?❑Yes No
• It yes,identify the firm and individual prov ding the service.
6 .
Commonwealth Auto Group, Inc
Agenda Item 4
Page 15
Disclosure Statement
Disclosure Statement
Planning&Community
Development
8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑Yes RC No
• If yes,identify the firm and individual providing legal the service.
Owner Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Owner Signature
000a Mr0
Print Name and Title
�Z�r^'a
Date
7I
Commonwealth Auto Group, Inc
Agenda Item 4
Page 16
Next Steps
• Upon receiving a recommendation from Planning Commission, this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
Commonwealth Auto Group, Inc
Agenda Item 4
Page 17
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 4
Commonwealth Auto Group, Inc (Applicant)
Bayside Properties, LLC (Property Owner)
Modification of Conditions (Motor Vehicle Sales & Rentals)
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you. Now, I neglected doing that on the first of what is any opposition
to this amendment, hearing none. Next item is item number four,
Commonwealth Auto Group. Is there applicant here?
Mr. Reese: Yes, sir.
Mr. Horsley: Come forward please. Is the, are the conditions acceptable?
Mr. Reese: Yes sir.
Mr. Horsley: Thank you.
Mr. Reese: Thank you.
Mr. Horsley: You should, I'm sorry sir. Come back and state your name for us, state your
name for us.
Mr. Reese: Chris Reese.
Mr. Horsley: All right, thank you.
Mr. Reese: Thank you.
Mr. Horsley: All right. Is there any opposition? We have asked John Coston if he would
read this into the record.
Mr. Coston: The applicant is requesting to modify the conditions of a Conditional Use
Permit for Motor Vehicle Sales and Rentals approved by the City Council
on July 6, 2021 in order to construct a 1,950 square foot storage building at
the rear of the 37,730 square foot B-2 community business owned parcel.
Previous approval required the site to be constructed in substantial
conformance with the 2021 approved conceptual plan. Since the proposed
1,950 square foot storage building was not shown on that plan, a
Modification of Conditions application is required.
Mr. Horsley: Thank you Ms. Cuellar. So, Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY O ABS O ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee X
CONDITIONS
1. All conditions attached to the previous Conditional Use Permit granted on July 6,
2021, are hereby deleted, and superseded by the following conditions.
2. When the property is redeveloped, it shall be in substantial conformance with the
concept plan entitled "SITE PLAN, 4873 HAYGOOD ROAD, VIRGINIA BEACH, VA
23455, USA", dated 3/01/2023, which has been exhibited to the Virginia Beach City
Council and is on file in the Department of Planning & Community Development.
3. The exterior of the building shall be in substantial conformance with the appearance,
size, color, and materials shown on the submitted elevations entitled "Storage
Building for Commonwealth Auto Group", dated 3/01/2023, which has been
exhibited to the Virginia Beach City Council and is on file in the Department of
Planning & Community Development.
4. All the curbing, bollards, and surfaces on the site where the painting is chipping or is
otherwise in obvious despair shall be repainted and maintained while the use is
active.
5. The total number of vehicles displayed for sale shall be limited to 38.
6. All landscaping shall be maintained on-site in accordance with the approved
Landscape Plan including the landscaping located within the right-of-way.
7. All signage on the site shall meet the requirements of the Zoning Ordinance. A
separate sign permit shall be obtained from the Department of Planning &
Community Development for the installation of any new signage.
8. The vehicle prep area shown on the Conceptual Site Plan, identified in Condition 1,
shall not be used to display vehicles for sale at any time.
9. All vehicles for sale shall be located on a paved surface within the designated
display area identified on the plan referenced in Condition 1 above. No vehicles shall
be displayed on raised platforms, earthen berms, landscape islands, or any other
structure designated to display a vehicle higher than the elevation of the main
parking lot.
10.There shall be no storage of tires, merchandise, or debris of any kind outside of the
building.
11. No outside storage of vehicles in a state of obvious disrepair shall be permitted on
the site.
12.There shall be no auto repair or service on the site.
13.There shall be no outside audio speakers for any purpose.
14.There shall be no signs which contain or consist of pennants, ribbons, streamers,
spinners, strings of light bulbs, or other similar moving devices on the site or on the
vehicles. There shall be no signs which are painted, pasted, or attached to the
windows, utility poles, trees, or fences, or in an unauthorized manner to walls or
other signs. There shall be no portable or nonstructural signs, or electronic display
signs on the site. There shall be no neon or electronic display signs, or accents
installed on any wall area of the exterior of the building, in or on the windows, or on
the doors. No window signage shall be permitted.
15.All outdoor lights shall be shielded to direct light and glare onto the premises, said
lighting and glare shall be deflected, shaded, and focused away from all adjoining
properties.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: GIGGLEMUG MARKET, LLC [Applicant] ST. FRANCIS EPISCOPAL CHURCH
[Property Owner] Conditional Use Permit (Open-Air Market) for the property
located at 509 S Rosemont Road (GPIN 1486680782). COUNCIL DISTRICT 3
MEETING DATE: June 6, 2023
• Background:
The applicant is requesting a Conditional Use Permit to operate an Open-Air
Market at 509 S Rosemont Road. The applicant plans to host a farmers market on
the first and third Saturdays of the month between April and November. The market
will host local vendors of produce, baked goods, and crafts. Up to three food trucks
will also be available during market hours. The food trucks will be located on the
property in the existing parking lot. The farmers market will be open from 11:00
a.m. to 2:00 p.m., with set up times beginning at 9:30 a.m. and take down times
ending at 3:00 p.m. Amplified music will be played during the market's operating
hours.
• Considerations:
The property is located in the Suburban Area of the city as defined by the
Comprehensive Plan. Goals and recommendations for the Suburban Area call for
the development of complementary non-residential uses to support Great
Neighborhoods. An Open-Air Market as the applicant intends to host will provide
surrounding residents with a local option for produce, baked goods, and crafts and
will support local farmers and craftspeople.
The property itself is located at the southwest corner of the intersection of S
Rosemont Road and Kings Point Road. Properties immediately adjacent to the
subject parcel include a public park and retention pond, so while the property is
opposite residences on Kings Point Road, there will be minimal impact to
residential properties. There are 66 parking spaces available on site and it is
anticipated that local community members will opt to walk or bicycle to the market.
Low traffic impacts are expected. Further details pertaining to the application, as
well as Staffs evaluation, are provided in the attached Staff Report. There is no
known opposition to this request.
Gigglemug Market, LLC
Page 2 of 2
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend
approval of this item on the Consent Agenda, by a recorded vote of 8-0.
1. The activities held on the site, including the location of vendors and food trucks,
shall be located as depicted on the submitted layout plans that have been
exhibited to the Virginia Beach City Council and are on file in the Department
of Planning & Community Development.
2. The Open-Air Market shall be limited to the sale of local art, crafts, homemade
items, locally grown produce, locally prepared food products, and food trucks.
3. All parking must be on site.
4. The Open-Air Market shall be limited to one-day events, twice a month for eight
months between the hours of 9:00 a.m. to 4:00 p.m.
5. Amplified music associated with the Open-Air Market shall be limited to the
hours of 11:00 a.m. and 2:00 p.m.
6. No less than one trash receptacle per 1,000 square feet of sales area shall be
provided. All trash receptacles shall be emptied regularly so as not to overflow,
and litter and debris shall not be allowed to accumulate.
7. Prior to each Open-Air Market event, the applicant shall contact all appropriate
City agencies as required including: Fire Marshal Bureau, Police Department,
Commissioner of Revenue, Zoning Department and Health Department.
8. Merchandise, stalls, or other materials shall not be stored outdoors while the
use is not open for business.
• Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Letters of Support (1)
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department
City Manager: rik9
Applicant Gigglemug Market, LLC Property Owner St. Francis Episcopal Church
Agenda Item
Planning Commission Public Hearing May 10, 2023
Cilyof City Council District 3, formerly Rose Hall
8
Virginia Beach
Request
Conditional Use Permit (Open-Air Market)
Staff Recommendation m L
1
Approval COLONIALPKWY F.,
�,,- SAIATRL r/
PL
� RAItdTREE
Staff Planner (_____ "--1-
STANCIL
°�" � TERRAZZO-, L- leElizabeth Nowak .-------- � SiLINA DR ti
— O ! 11 4 Z
o KINGS POINTRD�( IFe p R m
Location o 'J--0
509 S Rosemont Road _�, . . i 1 49y40 /,"',
GPINa.
1„,,,, ‹
1486680782 I t
Site Size
4.06 acres
AICUZ -� .
65-70 dB DNL; Sub-Area 3 ~� ``GOOO Hope RD WCREEKgL1,O
Watershed FOREST GLEN RD AD WOOD
LN WOODSMAN LA,
Chesapeake Bay "-f
Existing Land Use and Zoning District
Religious Use/ R-7.5 Residential
Surroundingii' * '10"*.-. 1 1 ?!....< '-' j.•'-x.-4.illir4:r t ' 1r„,
Land Uses and ZoningDistricts < }� ``
� �, ,
North y Y KINGS:POhT, D_`t C,,.B s.:E f. .•
. .. 1
Kings Point Road14 Y`"" -�, 9:; RD
Single-family dwellings/ R-7.5 Residential > la, ` . _� `` �►
Ai
South : z t - t 14
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Undeveloped lots, pond/ R-7.5 Residential . ' r . t ' r / -> -
,a
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East = n
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S Rosemont Road `' Ji . o *i
Single-family dwellings/ R-7.5 Residential
f , Atilt 6' =
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West _ \ e -40
Park, single-family dwellings/ P-1 Preservation, tow\� -' � - r '' "= z `
lealw
R-7.5 Residential Q-Aos 1 .A # r- ,
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Gigglemug Market, LLC
Agenda Item 8
Page 1
Background & Summary of Proposal
• The applicant is requesting a Conditional Use Permit for an Open-Air Market to host a farmers market in the parking
lot of St. Francis Episcopal Church.
• The typical hours of operation for the farmers market are proposed as 11:00 a.m. to 2:00 p.m. every first and third
Saturday between April and November. Set up for the market will begin at 9:30 a.m. Vendors will vacate the market
by 3:00 p.m.
• Products to be sold will include local fruits,vegetables, herbs, and seafood; baked goods; and homemade items.
• Up to three food trucks will also be present at the market. They will locate in the bend between the two main
parking areas of the church parking lot, as identified on the concept site layout included on page 6 of this report.
• 66 parking spaces are available on site, including four ADA accessible spaces.The applicant also anticipates that
residents of the surrounding community will also arrive by bicycle or walking.
• The applicant intends to play amplified music during the hours that the market will be open.
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�� � ' ' # Request
P+ % _ 1 CUP(Child Care Education Center within a Religious Use)
j/ 417oApproved 12/12/2018
0 „/� ' UMDC(Religious Use)Approved 12/12/2018
/A'n- D (r CUP(Religious Use)Approved 04/27/1964
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Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Evaluation & Recommendation
In Staff's opinion, this request for a Conditional Use Permit for an Open-Air Market is acceptable. The property is within
the Suburban Area of the city as identified in the Comprehensive Plan. Recommendations for the Suburban Area include
complementary non-residential uses that contribute to the day-to-day life of residents and support thriving, resilient
residential neighborhoods.The applicant's proposal will have limited hours of operation, will support local vendors, and
will provide opportunities for community interaction.The market will operate two times a month for eight months out
of the year and will be confined to the property. While outdoor music will be played, it will only occur during market
hours (11:00 a.m. until 2:00 p.m.).
Gigglemug Market, LLC
Agenda Item 8
Page 2
Staff is of the opinion that this Open-Air Market will provide added value to the surrounding neighborhoods with
minimal negative impacts.The property where the market will be operated is on a corner adjacent to a busy
thoroughfare and shares a boundary with a neighborhood park. Vendors will be located in the side yard adjacent to S.
Rosemont Road and Kings Point Road and will not be situated directly next to any residences allowing the existing 66
parking spaces to remain available for patrons while creating some buffer between the market and residences. Analyses
completed by Staff indicate that no adverse traffic impacts will occur as a result of the market. While there are no
generated traffic counts for Open-Air Markets, the peak number of average daily trips (ADT) for this site occurs during
the week, which will be unaffected by the proposed weekend hours of the Open-Air Market. Staff anticipates that some
local residents will visit the market by foot and bicycle.
Given this information, Staff recommends approval of the request subject to the conditions and exhibits in this report.
Recommended Conditions
1. The activities held on the site, including the location of vendors and food trucks, shall be located as depicted on the
submitted layout plans that have been exhibited to the Virginia Beach City Council and are on file in the Department
of Planning & Community Development.
2. The Open-Air Market shall be limited to the sale of local art, crafts, homemade items, locally grown produce, locally
prepared food products, and food trucks.
3. All parking must be on site.
4. The Open-Air Market shall be limited to one-day events, twice a month for eight months between the hours of 9:00
a.m. to 4:00 p.m.
5. Amplified music associated with the Open-Air Market shall be limited to the hours of 11:00 a.m. and 2:00 p.m.
6. No less than one trash receptacle per 1,000 square feet of sales area shall be provided. All trash receptacles shall be
emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate.
7. Prior to each Open-Air Market event, the applicant shall contact all appropriate City agencies as required including:
Fire Marshal Bureau, Police Department, Commissioner of Revenue, Zoning Department and Health Department.
8. Merchandise, stalls, or other materials shall not be stored outdoors while the use is not open for business.
Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
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.
Gigglemug Market, LLC
Agenda Item 8
Page 3
Comprehensive Plan Recommendations
This proposal is located in the Suburban Area of the city, which calls for complementary non-residential uses that
contribute to the day-to-day life of residents.A proposal for an open-air market would be in keeping with the guidance of
the Comprehensive Plan.
Natural & Cultural Resources Impacts
The site is located in the Chesapeake Bay Watershed. No cultural resources will be affected by this project.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
S Rosemont Road 28,100 ADT1 32,700 ADT 1(LOS5"D") Existing Land Use 2—334 ADT
Existing Land Use3—64 ADT
Kings Point Road No data available 9,900 ADT1(LOS5"D") Proposed Land Use 4—No Data Available
1 Average Daily Trips 2 as defined by a 13,000 square-foot 3as defined by a 13,000 square- °as defined by an Open- 5 LOS=Level of Service
church and 60-student daycare on a foot church on a weekend Air Market
weekday
While there is no trip generation data available for an Open-Air Market, the use will occur on Saturday mornings and will
have no impact on weekday peak hour traffic.
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
S. Rosemont Road in the vicinity of this application is considered a four-lane divided minor urban arterial. The Master
Transportation Plan proposes a four-lane facility within a 145 foot right-of-way. There are currently no roadway Capital
Improvement Projects programmed for this segment of the roadway. Kings Point Road in the vicinity of this application is
considered a local street. This is not included on the Master Transportation Plan.
Public Utility Impacts
Water & Sewer
The site is connected to City water and sanitary sewer.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 10, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and
April 30, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on April 24, 2023.
Gigglemug Market, LLC
Agenda Item 8
Page 4
• This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on May 4, 2023.
City Council
• As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code,the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
Gigglemug Market, LLC
Agenda Item 8
Page 5
Proposed Site Layout
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Gigglemug Market, LLC
Agenda Item 8
Page 6
Site Photos
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Gigglemug Market, LLC
Agenda Item 8
Page 7
Disclosure Statement
Disclosure Statement \/13
Planning&Community
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name &i 43'IQ Sill lik.c mOx e t....L-C- ------
Does the applicant have a representative? g Yes ❑No
• If yes,list the name of the representative.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
Cain-ea-\ -,yd, f -in Y 4. c.O—Owf X , 1-,i e, Lc\ , cc -aw(ev
• If yes,list the businesses that have a parent-subsidiary)or affiliated business entity2 relationship with the applicant. (Attach
a list if necessary)
VIOhe — -
'"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership Interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
11
Gigglemug Market, LLC
Agenda Item 8
Page 8
Disclosure Statement
Disclosure Statement
---.., Planning&Community
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes a No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
El Yes 2;No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
El Yes allo
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes lg No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?0 Yes 'No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑Yes in No
• If yes,identify the purchaser and purchaser's service providers.
21
Gigglemug Market, LLC
Agenda Item 8
Page 9
Disclosure Statement
Disclosure Statement
t-uv,e rr Snot
Planning&Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?0 Yes N.No
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?❑Yes gl No
• If yes,identify the firm and individual providing the service.
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?0 Yes lc No
• If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Applicant Signature
_Gak y d+ ►fir-ec tip,/
Print Name and Title
GS 10 I zo-2-
Date
Is the applicant also the owner of the subject property? ❑Yes E.No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
i No changes as of Date 05/25/2023 *nib lte 44u
hint NaMe th Nowak
31
Gigglemug Market, LLC
Agenda Item 8
Page 10
Disclosure Statement
Disclosure Statement
Planning&Community
Development
Owner Disclosure
Owner Name -krQnCiS E yviSCOpQ\ Chck.rC\-1
Applicant Name (7 1 cyl‘e r c VY\cote
k�� L�-
Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?E Yes ❑ No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
�I+QS-hr� Ct.n d Chi C xS : .)0.Nr,e s 1 us. e Y,Sr. WC((kin ;PA a u Y ew r c us*
t.Irr ern j 94:1-4a "Tam la(,ifects x ; L-4Yin] i{Q._ W eay, Q•eojs-rcr• Kev ih
Ke vine d�, cco t lme cane 2ack- o.toor , Fr. Coi-cr PA AWs1. 6-eY,R-ector
• If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a
list if necessary)
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes a No
• If yes,what is the name of the official or employee and what is the nature of the interest?
3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
4"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
51
Gigglemug Market, LLC
Agenda Item 8
Page 11
Disclosure Statement
Disclosure Statement \A3
{'Yy t:VY1p.1c 4./1
Planning&Community
= Development
Owner Services Disclosure
1. Does the Owner have any existing finandng(mortgage,deeds of trust,cross-coliateralization,etc)or are they considering any
financing in connection with the subject of the application or any business operating or to be operated on the property?
.g Yes ❑ No
• If yes,identify the financial institutions providing the service.
2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑ Yes El No
• If yes,identify the company and individual providing the service.
3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the
application or any business operating or to be operated on the property?❑Yes .l No
• If yes,identify the firm and individual providing the service.
4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes El No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?0 Yes Ef No
• If yes,identify the purchaser and purchaser's service providers.
6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?0 Yes Et No
• If yes,identify the company and individual providing the service.
7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating
or to be operated on the property?❑Yes Ear No
• If yes,identify the firm and individual providing the service.
61
Gigglemug Market, LLC
Agenda Item 8
Page 12
Disclosure Statement
Disclosure Statement
(1rvve i1.
Punning&Community
Development
8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑Yes 13 No
• If yes,identify the firm and individual providing legal the service.
Owner Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
z
Owner Signature
/7_ . 1-e-461.-Ze-1----
Print Name and Title
<Y// /262a
Date
71
Gigglemug Market, LLC
Agenda Item 8
Page 13
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC) to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
Gigglemug Market, LLC
Agenda Item 8
Page 14
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 8
Gigglemug Market, LLC (Applicant)
St. Francis Episcopal Church (Property Owner)
Conditional Use Permit (Open Air Market)
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you. Next item is item number eight, Gigglemug Market, LLC; St.
Francis Episcopal Church is an applicant, conditional use permit for an
open-air market.
Ms. Boyd: Hi, I'm Cairen Boyd. I represent Gigglemug Market. The conditions are
acceptable.
Mr. Horsley: All right, thank you. Is there any opposition? Hearing none. This application
is for an open-air market in parking lot at the church. This has kindly gotten
to be a big thing now, providing people the opportunity to get fresh produce
and fresh other foods, crafts and whatever. It brings people together. It's
gonna be done two Saturdays, the first and third Saturday from April through
November, hours are from 11 to 2. Staff has said that they would be willing
to move the later hours if they so desire to 4. So we thought this was a
good application, so we put it on the consent agenda, hearing no opposition.
Thank you.
Mr. Horsley: Thank you, Ms. Cuellar. So, Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee X
CONDITIONS
1. The activities held on the site, including the location of vendors and food trucks, shall
be located as depicted on the submitted layout plans that have been exhibited to the
Virginia Beach City Council and are on file in the Department of Planning &
Community Development.
2. The Open-Air Market shall be limited to the sale of local art, crafts, homemade
items, locally grown produce, locally prepared food products, and food trucks.
3. All parking must be on site.
4. The Open-Air Market shall be limited to one-day events, twice a month for eight
months between the hours of 9:00 a.m. to 4:00 p.m.
5. Amplified music associated with the Open-Air Market shall be limited to the hours of
11:00 a.m. and 2:00 p.m.
6. No less than one trash receptacle per 1,000 square feet of sales area shall be
provided. All trash receptacles shall be emptied regularly so as not to overflow, and
litter and debris shall not be allowed to accumulate.
7. Prior to each Open-Air Market event, the applicant shall contact all appropriate City
agencies as required including: Fire Marshal Bureau, Police Department,
Commissioner of Revenue, Zoning Department and Health Department.
8. Merchandise, stalls, or other materials shall not be stored outdoors while the use is
not open for business.
Saint Francis cEpiscopat Church
',A;
; 4_ " qte Rev'e Conor Afe.�an.�ler, cctor
. 509 S.Roscmont Road,Virginia Beach.VA 23452
0 OfTicc.757-340-6884
March 20, 2023
To Whom It May Concern:
St. Francis Episcopal Church is very excited to host Gigglemug Markets on our front
lawn throughout the year. The idea of a family friendly market that supports local
businesses is something that we wholeheartedly support. We look forward to
Gigglemug's partnership in this endeavor.
Sincerely,
The Rev. Conor Alexander
Rector
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CITY OF VIRGINIA BEACH
AGENDA ITEM I
ITEM: KELLY PEPPER [Applicant] KELLY & DAVID PEPPER [Property Owners]
Conditional Use Permit (Family Day-Care Home) for the property located at
2132 Teasdale Drive GPIN 2414498012. COUNCIL DISTRICT 5
MEETING DATE: June 6, 2023
• Background:
The applicant is requesting a Conditional Use Permit to operate a Family Day-Care
Home for up to eight children within her single-family dwelling in the Ocean Lakes
neighborhood. A Family Day-Care Home with four or less children is permitted by-
right in residential districts. When the number of children cared for increases to five
or more, excluding the provider's own children and those who reside in the home,
both state licensure and a Conditional Use Permit are required. The 9,893 square
foot parcel is zoned R-10 Residential District. The typical hours of operation are
proposed as 6:30 a.m. to 5:00 p.m., Monday through Friday.
• Considerations:
The applicant has over 15 years of experience caring for children. The designated
outdoor play area is located in the front yard and enclosed with a 4' vinyl picket
fence. The play area is located in the front due to the in-ground pool located in the
backyard of the property. The pool has a 4-foot safety fence surrounding it.
However, to alleviate any safety concerns, staff has included a condition that all
access to the rear yard of the property must be secured with a childproof safety
lock. The property appears to be organized and well kept, successfully promoting
the policies intended to ensure the maintenance and sustainability of great
neighborhoods per the Comprehensive Plan.
While the applicant intends to care for up to eight children, Staff typically
recommends approval of up to 12, as it has been common for applicants to request
an increase in the number of children in their care in the future, thereby requiring
a modification and additional consideration by both the Planning Commission and
City Council. The ultimate number, not to exceed 12, will be determined by the
Commonwealth of Virginia during the childcare licensing process. Further details
pertaining to the application, as well as Staff's evaluation, are provided in the
attached Staff Report. There is no known opposition to this request.
Kelly Pepper
Page 2 of 3
■ Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend this
item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval
of this request.
1. The Family Day-Care Home shall only operate as an accessory use to the
single-family residence.
2. The Family Day-Care Home shall be limited to a total of twelve (12) children,
excluding the provider's own children and those who reside in the home.
3. The Family Day-Care Home shall have no more than one (1) additional
employee/volunteer, who does not reside in the home, or on the premises at
any time.
4. The arrival and departure times shall be staggered to avoid vehicular
congestion.
5. There shall be only one Home Occupation, the Family Care-Day Home,
operating on the property associated with this Conditional Use Permit.
6. Any sign identifying the home occupation shall be non-illuminated, not more
than (1) square foot in area and mounted flat against the residence.
7. The applicant shall maintain a license with the Commonwealth of Virginia for
childcare. Failure to maintain a Family Day-Care Home license will result in
revocation of the Family Day-Care Home Conditional Use Permit.
8. When the Family Day-Care Home is not open for business, all play equipment
associated with the daycare shall be located within the enclosed play area or
enclosed privacy fence, as depicted on the Site Layout Plan.
9. The fence enclosing the outdoor play area shall remain and be maintained for
the duration of the Conditional Use Permit.
10.All access to the rear yard shall be secured with a childproof lock.
11.The applicant shall obtain all necessary permits and inspections from the City
of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of
Occupancy from the Building Official's Office for use of the house as a Family
Day-Care Home.
Kelly Pepper
Page 3 of 3
■ Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department
City Manager: e1-0
Applicant Kelly Pepper Property Owners Kelly & David Pepper
Agenda Item
Planning Commission Public Hearing May 10 2023
Cl!:1 City Council District 5, formerly Princess ,Anne
9
Virginia Beach
Request
Conditional Use Permit (Family Day-Care
Home) �`"
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Staff Recommendation °` y� -sq- ra , c�`�R`" it 64
Approval ���P� P h I
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Existing Land Use and Zoning District
Single-family dwelling / R-10 Residential it>
Surrounding Land Uses and Zoning Districts
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Single-family dwelling/ R-7.5 Residential 9 4 a, `� ti
South 4 - .,_
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Kelly Pepper
Agenda Item 9
Page 1
Background & Summary of Proposal
• The applicant currently operates a Family Day-Care Home with less than 4 children in her 2,050 square foot home in
the Ocean Lakes Subdivision, Monday-Friday from the hours of 6:30 AM to 5:00 PM. As required by the Zoning
Ordinance, the applicant seeks this Conditional Use Permit to increase the maximum number of children to eight.
• The pick-up and drop-off time will be staggered to avoid traffic congestion on the street and the existing driveway
provides adequate parking for the proposed use. A condition is recommended to this affect.
• The daycare provider has been a preschool teacher for over 15 years, with a focus on infant-toddler development.
According to the applicant, the home daycare will provide care for children between the ages of 0-3 years old.
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Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Evaluation & Recommendation
The request for Conditional Use Permit for a Family-Day Care Home is, in Staff's opinion, consistent with the policies and
goals set forth in the Comprehensive Plan for the Suburban Area. Staff finds the property to be organized and well kept,
successfully promoting the policies intended to ensure the maintenance and sustainability of great neighborhoods.
A Family Day-Care Home with four or less children is permitted by-right in residential districts.When the number of
children cared for increases to five or more, excluding the provider's own children and those who reside in the home,
both state licensure and a Conditional Use Permit are required. While the applicant intends to care for up to eight
children, Staff typically recommends approval for up to 12, as allowed by State Code and has been common in the past
for applicants to increase the number of children, thereby requiring a modification and additional consideration by both
the Planning Commission and the City Council. While the ultimate number will be determined by the Commonwealth of
Virginia during the childcare licensing process, staff recommends no more than 12 children be permitted if the
Conditional Use Permit is approved. Based on the ages and number of children, the Commonwealth of Virginia will
determine if an assistant is required.
The applicant has been operating the Family Day-Care Home since late 2022 without any incident. During Staff site visit,
Staff noted that the property is well kept and well maintained. There is an enclosed outdoor play area in the front yard
and an in-ground pool in the backyard. While the pool is entirely surrounded by fencing, to help alleviate any safety
Kelly Pepper
Agenda Item 9
Page 2
concern, Staff is recommending a condition that access to the rear yard of the property be secured with a childproof
safety lock.
In Staff's view, Family Day-Care Homes provide a needed and valuable service to the community and will not be
detrimental to any adjacent land uses. Based on these considerations, Staff recommends approval of this request with
the conditions listed below.
Recommended Conditions
1. The Family Day-Care Home shall only operate as an accessory use to the single-family residence.
2. The Family Day-Care Home shall be limited to a total of twelve (12) children, excluding the provider's own children
and those who reside in the home.
3. The Family Day-Care Home shall have no more than one (1) additional employee/volunteer, who does not reside in
the home, or on the premises at any time.
4. The arrival and departure times shall be staggered to avoid vehicular congestion.
5. There shall be only one Home Occupation, the Family Care-Day Home, operating on the property associated with
this Conditional Use Permit.
6. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and
mounted flat against the residence.
7. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family
Day Care Home license will result in revocation of the Family Day Care Home Conditional Use Permit.
8. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be
located within the enclosed play area or enclosed privacy fence, as depicted on the Site Layout Plan.
9. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use
Permit.
10. All access to the rear yard shall be secured with a childproof lock.
11. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,
the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a
Family Day-Care Home.
Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
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.
Kelly Pepper
Agenda Item 9
Page 3
Comprehensive Plan Recommendations
The Comprehensive Plan identifies this site as being located within the Suburban Area of Virginia Beach. The general
planning principles for the Suburban Area focus on creating and maintaining "great neighborhoods" which are
sustainable, stable, and supported by complementary non-residential uses. Achieving these goals requires that all land
use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and
attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering
with respect to type, size, intensity, and relationship to the surrounding uses.
Natural & Cultural Resources Impacts
The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by
the presence of high ground water, poorly draining soils, and high-water surface elevations in downstream receiving
waters.There are no known cultural resources on the site.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
Teasdale Drive No Data Available Existing Land Use 2-10 ADT
Proposed Land Use 3-42 ADT
1 Average Daily Trips 2 as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service
dwelling dwelling with a Family Day-Care
Home
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
Teasdale Drive is a two-lane undivided local street. It is not included in the MTP and no roadway CIP projects are slated
for this area.
Public Utility Impacts
Water & Sewer
This is connected to City water and City sanitary sewer.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance, the public notice sign(s) was placed on the property on April 10, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023and
April 30, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on April 24, 2023.
This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on May 4, 2023.
Kelly Pepper
Agenda Item 9
Page 4
City Council
• As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code,the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.com/government/departments/city-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
Kelly Pepper
Agenda Item 9
Page 5
Existing Site Layout
6' Existing Wood Privacy Fence
/ -,,,,
— — — • 4' Aluminum Mesh Fence (In-ground Pool)
4' Vinyl Picket Fence (Enclosed Play Area)
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Kelly Pepper
Agenda Item 9
Page 6
Site Photos
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Kelly Pepper
Agenda Item 9
Page 7
Site Photo
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Kelly Pepper
Agenda Item 9
Page 8
Disclosure Statement
Disclosure Statement 1/13
city c.(4'in/,n,a Bach
Planning&Community
Development
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Kelly Pepper
Does the applicant have a representative? ❑Yes a No
• if yes,list the name of the representative.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes II No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach
a list if necessary)
"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets:the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 1 I Page
Kelly Pepper
Agenda Item 9
Page 9
Disclosure Statement
Disclosure Statement
Clip Virvinia Bait*
Planning&Communit
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes • No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
I Yes O No
• If yes,identify the financial institutions providing the service.
Atlantic Bay Mortgage-Home Financing
2 Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property'
❑Yes I No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?®Yes ❑ No
• If yes,identify the firm and individual providing the service.
Karen Pendergrass for accounting,and H&R Block for tax services
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes I No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑Yes ® No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 2 I P a g e
Kelly Pepper
Agenda Item 9
Page 10
Disclosure Statement
Disclosure Statement N/13
Cny qt.virpimaBKdt
Planning&Community
Development
6. Does the applicant have a construction contractor connection with the subject of the application or any business operating or
to be operated on the property?❑Yes 4.i4o
• If yes,identify the company and individual providing the service.
7 Does the applicant have an engineer/surveyor/agent in con ction with the subject of the application or any business
operating or to be operated on the property?❑Yes No
• If yes,identify the firm and individual providing the service.
8 Is the applicant receiving legal services in con ection with the subject of the application or any business operating or to be
operated on the property?❑Yes 111k,14
• If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public bo y or committee in connection with this application.
pp'c t �
St nature
1 �' )' OrDOPA(ck--f ,(
Print Name and title
Date
Is the applicant also the owner of the subject property? Ries 0 No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONt.Y/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
No changes as of °m 5/25/23 sivao,r• ?yte. .4,yy (741.11
"n"ame Madison Harris Eichholz
11.09.2020 3 I
Next Steps
Kelly Pepper
Agenda Item 9
Page 11
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
Kelly Pepper
Agenda Item 9
Page 12
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 9
Kelly Pepper (Applicant)
Kelly & David Pepper (Property Owner)
Conditional Use Permit (Family Day-Care Home)
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Next item is item number nine, Kelly Pepper.
Madam Clerk: She is via WebEx. She is via WebEx, the applicant.
Ms. Pepper: Kelly Pepper and I'm here representing home daycare.
Mr. Horsley: Are the conditions acceptable?
Ms. Pepper: Yes.
Mr. Horsley: Is there any opposition to this application? Hearing none. Commissioner
Coston.
Mr. Coston: Applicant currently operates a family daycare home with less than four
children in her 20,050 square foot home, the Ocean Lake Subdivision,
Monday through Friday from the hours of 6:30 AM to 5:00 PM. As required
by the zoning ordinance, applicant seeks this conditional use permit to
increase the maximum number of children to eight. We've seen fit to put
this item on the agenda, on the consent agenda as well.
Mr. Horsley: Thank you Ms. Cuellar. So Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee X
CONDITIONS
1. The Family Day-Care Home shall only operate as an accessory use to the single-
family residence.
2. The Family Day-Care Home shall be limited to a total of twelve (12) children,
excluding the provider's own children and those who reside in the home.
3. The Family Day-Care Home shall have no more than one (1) additional
employee/volunteer, who does not reside in the home, or on the premises at any
time.
4. The arrival and departure times shall be staggered to avoid vehicular congestion.
5. There shall be only one Home Occupation, the Family Care-Day Home, operating on
the property associated with this Conditional Use Permit.
6. Any sign identifying the home occupation shall be non-illuminated, not more than (1)
square foot in area and mounted flat against the residence.
7. The applicant shall maintain a license with the Commonwealth of Virginia for
childcare.
feveGatian-ef the Family Day C
8. When the Family Day-Care Home is not open for business, all play equipment
associated with the daycare shall be located within the enclosed play area or
enclosed privacy fence, as depicted on the Site Layout Plan.
9. The fence enclosing the outdoor play area shall remain and be maintained for the
duration of the Conditional Use Permit.
10.All access to the rear yard shall be secured with a childproof lock.
11.The applicant shall obtain all necessary permits and inspections from the City of
Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of
Occupancy from the Building Official's Office for use of the house as a Family Day-
Care Home.
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: NANCY G. BRAITHWAITE [Applicant & Property Owner] Conditional Use
Permit (Bulk Storage Yard) for the property located at 520 Oceana
Boulevard (GPIN 2416296553). COUNCIL DISTRICT 6
MEETING DATE: June 6, 2023
• Background:
The applicant is requesting a Conditional Use Permit for a Bulk Storage Yard at
520 Oceana Boulevard. The 52.7 acre-property, which is zoned I-1 Light
Industrial, is located immediately opposite NAS Oceana and is in the greater than
75 dB DNL noise zone and partially in the APZ-2 of the AICUZ.
The applicant proposes to develop a Bulk Storage Yard on a 4.7-acre portion of
her property near the south property line. The Bulk Storage Yard will be used for
temporary storage of recreational vehicles (RVs), boats, trailers, and other motor
vehicles. All vehicles will be in operable condition and no repairs will be
undertaken on site. There will be 152 parking stalls of various lengths to
accommodate different vehicles in the yard. As part of her application, the
applicant is including a request for a deviation to the landscape standards for
Bulk Storage Yard to omit the required Category IV plantings as there is existing
mature vegetation on the property that will remain.
• Considerations:
The proposed Bulk Storage Yard is compatible with the high noise zone and
APZ-2 of the AICUZ. It is also compatible with other uses immediately adjacent
to the property, which include: a night club, agricultural fields, former borrow pits,
and mini-warehouse storage facility. While there is some residential development
to the south and east of the project, it is separated from the subject property by
other I-1 Light Industrial-zoned property. Mature vegetation provides screening of
the west, south, and east sides of the proposed Bulk Storage Yard area. Given
these conditions and the character of adjacent properties, the landscape
deviation request is reasonable. Condition 5 is proposed to require plantings
should the existing vegetation be removed in the future.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. There is no known opposition to this
request.
Nancy G. Braithwaite
Page 2 of 2
■ Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend
approval of this item on the Consent Agenda, by a recorded vote of 8-0.
1 . The site shall be developed in substantial conformance with the submitted
conceptual site plan entitled "Conceptual Exhibit—Part of Property of Nancy
F. Braithwaite", prepared by Gallup Surveyors & Engineers and dated Feb.
2023 and that has been exhibited to the Virginia Beach City Council and is on
file with the Department of Planning & Community Development.
2. Motor vehicles to be stored in the Bulk Storage Yard shall be in operable
condition.
3. No repair of motor vehicles is permitted within the Bulk Storage Yard with this
approval.
4. The Bulk Storage Yard shall be enclosed with a minimum six-foot tall opaque
fence on all sides of the yard. Category VI plantings along the fence are not
required. This is a deviation from Section 228(a) of the Zoning Ordinance.
5. In the event that the existing mature trees along the west end of the Bulk
Storage Yard are removed or in the event that existing vegetation along the
south boundary of the Bulk Storage Yard is removed, minimum Category VI
landscaping shall be installed to screen the Bulk Storage Yard from Oceana
Boulevard and the southern adjacent property.
6. The proposed landscaping along the front of the site shall adhere to the City
of Virginia Beach Landscaping Guide for street frontage landscaping
7. An approved water supply capable of supplying the required fire flow for fire
protection shall be provided on site, the location of which shall be confirmed
during site plan review prior to the release of the site plan.
8. An approved fire apparatus access road shall be located on site, the design
and location of which shall be confirmed during site plan review prior to
release of the site plan.
• Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Dep ment/Agency: Planning Department W
City Manager:er:
Applicant & Property Owner Nancy G. Braithwaite\1B
Agenda Item
Planning Commission Public Hearing May 10, 2023
City Council District 6, formerly Beach
7
Virginia Beach
Request
Conditional Use Permit (Bulk Storage Yard)
Staff Recommendation \ - i.
- c'
Approval Y` BRANT RD
talimow411411-11-"o/A'NNET RUN
Staff Planner a"
Elizabeth Nowak
O VLSCREEK Lk 2
Location r y
520 Oceana Boulevard C
GPIN
2416296553
i2
Site Size
,„LE Rp BEt -
52.67 acres (4.7-acre portion)
AICUZ
Greater than 75 dB DNL; APZ-2
Watershed
Chesapeake Bay
Existing Land Use and Zoning District
Single-family dwelling, inactive borrow pit / I-1
Light Industrial
a
, Yam:_
Surrounding Land Uses and Zoning Districts t
North 4
Inactive borrow pit, night club/ I-1 Light ��` ` - -.re
-
Inactive f
Industrial 1 " 0.-
South ; .� 4-- n
Inactive borrow pit/ I-1 Light Industrial o , .,, .
East `� . ._ ,
�+•i q i..
g.
r'AA
Uncultivated field/AG-1 Agricultural "', `" Y.
West \ \ _f 2..
L
Oceana Boulevard I b . :_ -'=- '1 7 1,
Military base/ 1-2 Heavy Industrial f ` t 6 .'j= '' ''
-':,, -- \ -I'VA -.
t-, '114E 1-E'll ' ...N....,--:
. __...........„. i ___,:-..,. ___ ,- -*._
Nancy G. Braithwaite
Agenda Item 7
Page 1
Background & Summary of Proposal
• The applicant is requesting a Conditional Use Permit to operate a Bulk Storage Yard on a 4.7-acre portion of a 53-
acre parcel zoned I-1 Light Industrial.
• The Bulk Storage Yard will be used as temporary storage for recreational vehicles (RVs), boats, trailers, and other
motor vehicles.
• The applicant plans to provide 152 parking stalls for vehicles. Various sizes of stalls will be provided and will range
from 35 feet to 50 feet in length. Stalls will be pull-through.
• All vehicles that will be stored on site will be licensed and in an operable condition. The Bulk Storage Yard will not be
used to store broken down vehicles, nor will there be any repair of vehicles or equipment on site.
• The Bulk Storage Yard will be enclosed with a minimum six-foot tall opaque fence with a secure gate. Customer
access will be limited to daylight hours and the lot will be lit for security purposes.
• The applicant is requesting a deviation from the landscape screening requirements in Section 228(a) of the Zoning
Ordinance to waive the requirement to plant Category I plantings outside of the proposed fence given that there is
existing vegetation along the east, south, and west property lines.The applicant resides in a single-family dwelling to
the north of the yard and prefers to maintain a line of sight from their residence to the Bulk Storage Yard.
• A sign will be installed near the driveway that provides access to the property from Oceana Boulevard.
• The property is located in the greater than 75 dB DNL of the AICUZ and a small portion of the southeast corner of
the parcel is in the APZ-2. It is immediately opposite Oceana Boulevard from Naval Air Station Oceana.
Zoning History
4 # Request
1 CRZ(I-1& R-2.5 to Conditional I-1)Approved 12/6/2017
1.11 .11 2 NON (Relocation & Enlargement)Approved 08/27/2013
3 CUP(Boat Maintenance&Storage)06/25/2013
r 11 4 CUP(Filling a Borrow Pit)Approved 4/10/2007
CUP(Borrow Pit)Approved 02/22/1994
p • •• 5 CUP(Filling a Borrow Pit)Approved 4/10/2007
CUP(Landfill, bulk storage, and building contractor's
yard)Approved 07/12/1994
A31
6 CUP(Automobile Repair Facility, Painting, Restoration &
12
Storage Area)09/10/2002
�j. tff,f, ,, CUP(Automobile Repair Facility, Painting, Restoration &
( �� :, Storage Area) 10/23/2001
' CRZ(Conditional B-1 &Conditional AG-1 to I-1)
, 11/10/1998
1 �,�''��� ���� > CRZ(I-1 to Conditional B-1)05/27/1997
�..=ya . CRZ(I-1 to Conditional AG-1)04/24/1978
5
7 CUP(Borrow Pit Expansion)Approved 08/28/2001
8 CUP(Outdoor Recreation Facility)Approved 05/25/1993
_ CUP(Outdoor Recreation Facility)Approved 01/12/1987
Application Types
CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance
REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan
CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental
Nancy G. Braithwaite
Agenda Item 7
Page 2
Evaluation & Recommendation
In Staff's opinion, this request for a Conditional Use Permit for a Bulk Storage Yard is acceptable. It is an appropriate use
in the I-1 Light Industrial zoning district and is compatible in both the greater than 75 dB DNL and the APZ-2 of the
AICUZ.The property is additionally located in the East Oceana Special Economic Growth Area (SEGA) as designated in
the Comprehensive Plan. Recommendations for this SEGA include the development of medium intensity industrial uses
and similar utilitarian activities that are compatible with NAS Oceana operations.The proposed Bulk Storage Yard is in-
keeping with these recommendations.
In Staff's opinion, this Bulk Storage Yard will minimally affect the surrounding area. While there are some residential
uses south of the property, the parcels that immediately abut 520 Oceana Boulevard are a mixture of I-1 Light Industrial
and AG-1 Agriculture. Former borrow pits are located on parcels immediately north and south of the subject parcel and
properties to the east are located in APZ-2. Development or redevelopment of these areas are constrained by their
zoning and by their location in the high noise zone and APZ-2, uses of which are generally compatible with the proposed
Bulk Storage Yard.
Staff is also supportive of the requested deviation to the landscape screening requirements of Section 228(a). Mature
trees that currently screen the portion of the property to be used as the Bulk Storage Yard will remain. There is also
mature vegetation along the east edge of the proposed yard that will remain.The Bulk Storage Yard will be set back
approximately 300 feet from Oceana Boulevard, which is the most visible viewshed of this property. Given the existing
vegetation, especially the mature trees that will provide screening from Oceana Boulevard, the size of the proposed
storage area, the character and uses of adjacent properties, and the setback from Oceana Boulevard, it is Staff's opinion
that a minimum six-foot tall, opaque fence will sufficiently screen the yard. Visual impacts of the proposed Bulk Storage
Yard on other properties will be mitigated by distance and the aforementioned vegetation. The applicant does own and
reside in a nonconforming residence at 520 Oceana Boulevard and is accepting of the reduced landscape screening.
A traffic analysis conduced by Staff indicates that Oceana Boulevard is presently at capacity with an average daily trip
(ADT) count in 2021 of 35,300 trips.The current residential use of the property is estimated to have 10 ADT per day and
an estimated 357 ADT is calculated for an I-1 Light Industrial property of this size. While no trip generation data is
available for Bulk Storage Yards, this is a use that does not typically generate high traffic and typically has minimal
impact on peak hour traffic. As such, Staff is confident that even though there will be an increase in trips to and from
this site, traffic impacts will be manageable with current conditions.
For these reasons, Staff is recommending approval of this request for a Conditional Use Permit for a Bulk Storage Yard
and the deviation of landscape screening subject to the conditions and exhibits included below.
Recommended Conditions
1. The site shall be developed in substantial conformance with the submitted conceptual site plan entitled "Conceptual
Exhibit—Part of Property of Nancy F. Braithwaite", prepared by Gallup Surveyors & Engineers and dated Feb. 2023
and that has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning &
Community Development.
2. Motor vehicles to be stored in the Bulk Storage Yard shall be in operable condition.
3. No repair of motor vehicles is permitted within the Bulk Storage Yard with this approval.
4. The Bulk Storage Yard shall be enclosed with a minimum six-foot tall opaque fence on all sides of the yard. Category
VI plantings along the fence are not required.This is a deviation from Section 228(a) of the Zoning Ordinance.
Nancy G. Braithwaite
Agenda Item 7
Page 3
5. In the event that the existing mature trees along the west end of the Bulk Storage Yard are removed or in the event
that existing vegetation along the south boundary of the Bulk Storage Yard is removed, minimum Category VI
landscaping shall be installed to screen the Bulk Storage Yard from Oceana Boulevard and the southern adjacent
property.
6. The proposed landscaping along the front of the site shall adhere to the City of Virginia Beach Landscaping Guide for
street frontage landscaping
7. An approved water supply capable of supplying the required fire flow for fire protection shall be provided on site,
the location of which shall be confirmed during site plan review prior to the release of the site plan.
8. An approved fire apparatus access road shall be located on site, the design and location of which shall be confirmed
during site plan review prior to release of the site plan.
Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards. All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
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.
Comprehensive Plan Recommendations
This proposal is located in the Suburban Area of the city, within the East Oceana Special Economic Growth Area (SEGA).
The western area of this SEGA calls for medium intensity industrial uses and other utilitarian activities. This proposal
would be in keeping with the recommended policies of the Comprehensive Plan.
Natural & Cultural Resources Impacts
The site is located in the Chesapeake Bay Watershed, however, it is located outside of the Resource Protection Area.
No cultural resources will be affected by this project.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
Existing Land Use 2-10 ADT
Oceana Boulevard 35,300ADT1 35,700 ADT 1(LOS a"D") Existing Land Use 3-357 ADT
Proposed Land Use 4-No Data Available
'Average Daily Trips 2 as defined by a single-family 3 as defined by a 4.7 acre No information available in s LOS=Level of Service
residence parcel zoned I-1 Light the ITE Trip Generation
Industrial Manual for bulk storage
yards
Based on current trip counts, Oceana Boulevard is at capacity at level of service "D".
Nancy G. Braithwaite
Agenda Item 7
Page 4
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
In this area,the MTP identifies Oceana Boulevard as a four-lane minor arterial with a variable right-of-way width. No
roadway CIP projects are currently planned for this roadway.
Public Utility Impacts
Water
City water is unavailable to the property. Health Department approval is required for private wells.
Sewer
City sanitary sewer is unavailable to the property. Health Department approval is required for septic systems.
Public Outreach Information
Planning Commission
• As required by the Zoning Ordinance, the public notice sign(s)was placed on the property on April 10, 2023.
• As required by State Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, April 23, 2023 and
April 30, 2023.
• As required by City Code, the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on April 24, 2023.
• This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's
webpage of www.vbgov.com/pc on May 4, 2023.
City Council
• As required by City Code, this item was advertised in the Virginian-Pilot Beacon on Sundays, May 21, 2023 and
May 28, 2023.
• As required by City Code, the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on May 22, 2023
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://www.vbgov.corn%governrnent/departmentsicity-clerk/city-council/Documents/BookmarkedAgenda.pdf
on June 2, 2023.
Nancy G. Braithwaite
Agenda Item 7
Page 5
Proposed Bulk Storage Yard Layout
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Nancy G. Braithwaite
Agenda Item 7
Page 6
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Nancy G. Braithwaite
Agenda Item 7
Page 7
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Nancy G. Braithwaite
Agenda Item 7
Page 8
Site Photos
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Nancy G. Braithwaite
Agenda Item 7
Page 9
Disclosure Statement
Disclosure Statement
City of Vergi,io Heath
Planning&Community
Development _.
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Nancy G.Braithwaite
Does the applicant have a representative? •Yes 0 No
• If yes,list the name of the representative.
R.Fdward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ®No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent•subsidiary'or affiliated business entity relationship with the applicant. (Attach
a 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.
'"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va
Code§2.2-3101
Revised 11.09.2020 1 I
Nancy G. Braithwaite
Agenda Item 7
Page 10
Disclosure Statement
Disclosure StatementN7/3
City of Virginia Beach
Planning&Community
a>>!-velopment
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes ® No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑Yes No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes AJ No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the applicatior or ary business operating or to be operated on the property?❑Yes II No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes I No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?0 Yes ® No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09 2020 2
Nancy G. Braithwaite
Agenda Item 7
Page 11
Disclosure Statement
.
•
•
Disclosure St _ yen f =a . • r J
•
•
_.f. Ids, fir`-'tir, f � � �M4t1'•
•
•
•
•
6 Does the applicant have a construction contractor in connection with the subject of the application or any business operating cr
to be ape•ated on the property?❑Yes el No
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?II Yes ❑ No
• if yes,-dentify the firm and individual providing the service
Bart Ehrenzeller,Gallup Surveyors&Engineers,Ltd.
8 is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?IF Yes ❑No
• If yes,identify the firm and individual providing the service.
R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C.
Applicant Signature
i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for pubic hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Applicant Sl atu
Nancy G.Braithwaite
Print Name and Title
a-)/23/2 C),c2 R _ _
Date
Is the applicant also the owner of the subject property? I Yes ❑ No
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications •
No changes as of Data 05/24/2023 ; signature
Print Name Eli Beth Nowak
3 i
Nancy G. Braithwaite
Agenda Item 7
Page 12
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision, the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed, the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those
administered by the Department of Planning/ Development Services Center and Department of Planning/
Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any
approvals allowed by this application are valid.
• 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.
Nancy G. Braithwaite
Agenda Item 7
Page 13
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 7
Nancy G. Braithwaite (Applicant & Property Owner)
Conditional Use Permit (Bulk Storage Yard)
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you, Mr. Parks. The next item is item number seven, Nancy
Braithwaite, conditional use permit for bulk storage. Mr. Bourdon.
Mr. Bourdon: Again, thank you, Mr. Vice Chair. Chairman Alcaraz, members of
Commission for the record Eddie Bourdon, Virginia Beach Attorney
representing Mrs. Braithwaite, we appreciate this application being on the
consent agenda. All eight conditions are acceptable, and we appreciate the
waiver on the landscaping. This facility will not be able to be visible by
anybody other than Ms. Braithwaite as long as the existing vegetation
remains. Thank you very much.
Mr. Horsley: Thank you. Is there any opposition? Hearing none. We have asked
Commissioner Coston if he would read this.
Mr. Coston: The applicant is requesting a conditional use permit to operate a bulk
storage yard on a 4.7-acre portion of a 53-acre parcel zoned I-I light
industrial. The bulk storage yard will be used as a temporary storage for
recreational vehicles, RVs, boats, trailers, and other motor vehicles.
Applicant plans to provide 152 parking stalls for vehicles. Various size of
stalls will be provided and will range from 35 feet to 50 feet in length. Stalls
will be pulled through; it's been recommended for approval, and we've
therefore put it on the consent agenda.
Mr. Horsley: Thank you, Ms. Cuellar. So, Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE •
Horsley AYE
Parks AYE
Plumlee X
CONDITIONS
1. The site shall be developed in substantial conformance with the submitted
conceptual site plan entitled "Conceptual Exhibit—Part of Property of Nancy F.
Braithwaite", prepared by Gallup Surveyors & Engineers and dated Feb. 2023 and
that has been exhibited to the Virginia Beach City Council and is on file with the
Department of Planning & Community Development.
2. Motor vehicles to be stored in the Bulk Storage Yard shall be in operable condition.
3. No repair of motor vehicles is permitted within the Bulk Storage Yard with this
approval.
4. The Bulk Storage Yard shall be enclosed with a minimum six-foot tall opaque fence
on all sides of the yard. Category VI plantings along the fence are not required. This
is a deviation from Section 228(a) of the Zoning Ordinance.
5. In the event that the existing mature trees along the west end of the Bulk Storage
Yard are removed or in the event that existing vegetation along the south boundary
of the Bulk Storage Yard is removed, minimum Category VI landscaping shall be
installed to screen the Bulk Storage Yard from Oceana Boulevard and the southern
adjacent property.
6. The proposed landscaping along the front of the site shall adhere to the City of
Virginia Beach Landscaping Guide for street frontage landscaping
7. An approved water supply capable of supplying the required fire flow for fire
protection shall be provided on site, the location of which shall be confirmed during
site plan review prior to the release of the site plan.
8. An approved fire apparatus access road shall be located on site, the design and
location of which shall be confirmed during site plan review prior to release of the
site plan.
if
�(" �wsst cS!
CITY OF VIRGINIA BEACH
AGENDA ITEM f
ITEM: AN ORDINANCE TO ADD ARTICLE 24 TO THE CITY ZONING ORDINANCE
TO ADD THE PEMBROKE SGA OVERLAY DISTRICT — WESTERN CAMPUS
AND TO AMEND SECTION 102 OF THE CITY ZONING ORDINANCE
ESTABLISHING THE PEMBROKE SGA OVERLAY DISTRICT — WESTERN
CAMPUS.
MEETING DATE: June 6, 2023
• Background:
The Western Campus District is one of six urban districts that are identified in the
Pembroke Strategic Growth Area (SGA) Plan. A few of the overarching goals of
the Pembroke Strategic Growth Area Plan are to:
• Diversify current land uses by transitioning heavy industrial and some light
industrial uses to residential, office, and commercial to meet current and future
market demands
• Develop a variety of housing choices, including live-work and multifamily
residential buildings that can coexist with light industrial uses remaining in the
long term
• Build on the present urban grid to create a safe, efficient, and connected
pedestrian, bicycle and vehicular network
• Create more parks, urban plazas, and ecogardens that will attract investment
and meet both recreational and stormwater needs.
Planning Staff has received many inquiries for redevelopment within this area that
would require a rezoning, which include multi-family, mixed-use, and other uses
that are compatible with the Pembroke SGA Plan but are not permitted in the base
district.
The identified boundary of the Western Campus Overlay has multiple underlying
zoning districts, including Industrial, Business, and Apartment Zoning Districts.
• Considerations:
The proposed Western Campus Overlay District Ordinance is an opt-in overlay
district designed to encourage redevelopment at a scale that is conducive to
pedestrian circulation and will serve as a relatively compact, low-to-mid-rise
transitional area from the large footprint, zero lot line development pattern of the
Central Business Core District. The proposed district supports a wide range of
City of Virginia Beach —Western Campus Overlay District
Page 2 of 2
multi-family residential, commercial, civic, institutional, and office uses that
complement the economic development activity of the Strategic Growth Area.
The Overlay District includes uses that are compatible with the SGA Plan:
• Multi-family
• Small business, retail/office
• Restaurants
• Craft breweries
• Multi-use developments
The development standards within this ordinance provide reduced setbacks and
build-to zones, which allow for larger building envelopes, along with requiring
parking to be located to the side or rear of the structure, which will foster
pedestrian-oriented streetscapes, as encouraged in the Comprehensive Plan.
Further details pertaining to the ordinance, as well as Staff's evaluation, are
provided in the attached Staff Report.
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend this
item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval
of this request.
• Attachments:
Staff Report
Ordinances
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department
City Manager:
1 AN ORDINANCE TO ADD ARTICLE 24 TO
2 THE CITY ZONING ORDINANCE TO ADD
3 PEMBROKE SGA OVERLAY
4 DISTRICTS/WESTERN CAMPUS
5
6 Section Added: Article 24 of the City Zoning
7 Ordinance
8
9 WHEREAS, the public necessity, convenience, general welfare, and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Article 24 of the City Zoning Ordinance is hereby added and reordained to
16 read as follows:
17
18 ARTICLE 24. — PEMBROKE SGA OVERLAY DISTRICTS—WESTERN CAMPUS
19 OVERLAY DISTRICT
20
21 A. — General Provisions
22
23 Sec. 2400. - Legislative intent.
24
25 The purpose of the Pembroke Strategic Growth Area (SGA) is to support the
26 transition of lands in the district to a central urban core with a vertical mix of uses,
27 connected, pedestrian-friendly streets, multi-modal transportation options, enhanced
28 open space, sustainable and resilient buildings, and environmental and neighborhood
29 protection.
30
31 The purpose of the Western Campus Overlay District is to enhance the economic
32 vitality and walkable character of the Western Campus District of the Pembroke
33 Strategic Growth Area. Overlay District standards encourage redevelopment at a scale
34 that is conducive to pedestrian circulation and is connected and integrated as a
35 relatively compact, low-to-mid-rise transitional area from the large footprint, zero lot line
36 development pattern of the CBC Zoning District. The district supports a wide range of
37 multi-family residential, commercial, civic, institutional, and office uses that complement
38 the economic development activity of the Strategic Growth Area.
39
40 Sec. 2401. - District boundaries.
41
42 The Pembroke Strategic Growth Area boundaries shall be as designated in
43 Section 1.2 of the Comprehensive Plan.
1
44
45 The Western Campus Overlay District boundaries shall be as designated on the official
46 zoning map of the city.
47
48 Sec. 2402. - Application of regulations.
49
50 The Western Campus Overlay District shall be an opt-in overlay. Any property
51 within the district boundaries may choose to opt into the District in addition to, and not in
52 lieu of, the underlying zoning district classification of such property, such that any
53 property situated in the Western Campus Overlay District shall also lie within one or
54 more of the underlying zoning districts enumerated in section 102(a) of this ordinance.
55 All such property that chooses to opt into the overlay shall be subject to all the
56 requirements of this article as well as to all other regulations applicable to it, and to the
57 extent that any provision of this article conflicts with any other ordinance or regulation,
58 the provision of this article shall control. All uses permitted as principal uses in the
59 underlying zoning districts shall be permitted as principal uses within the Western
60 Campus Overlay District. When any use or development standard is utilized within this
61 article, all applicable provisions of this article shall be in effect.
62
63 B. — Development Regulations
64
65 Sec. 2403. - Use regulations.
66
67 (a) The following chart lists those uses permitted within the Western Campus Overlay
68 District. Uses and structures shall be allowed either as principal uses, indicated by
69 a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by
70 an "X" shall be prohibited. Uses specified herein or as allowed pursuant to
71 subsection (b) shall be permitted in addition to the uses permitted within the
72 underlying zoning district.
73
Use WC
Adult bookstores X
Animal hospitals, veterinary establishments, pounds, shelters, and P
commercial kennels, provided that all animals shall be kept in
soundproofed, air-conditioned buildings
Assembly uses C
Automobile museums, subject to the provisions of Section 223.1 C
Automobile repair garages, subject to the provisions of Section X
2
224
Automobile service stations; subject to the provisions of Section X
225, and provided that, where there is an adjoining Residential or
Apartment district without an intervening street, alley or
permanent open space greater than 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 or Apartment
district and no freestanding sign shall be located within fifty (50)
feet of any such Residential or Apartment District
Bakeries, confectioneries, and delicatessens, provided that P
products prepared or processed on the premises shall be sold
only at retail and only on the premises except those bakeries,
confectioneries, and delicatessens with 7,500 square feet or less
in floor area may prepare products on the premises for retail sale
at an off-site location
Bars or nightclubs, subject to the provisions of Section 225.01 C
Beverage manufacturing shops P
Bicycle and moped rental establishments and bicycle sharing C
systems, subject to the provisions of Section 226
Boat rentals X
Building-mounted antennas meeting the requirements of Section P
207
Business and vocational schools, colleges, and universities, public P
or private, with a floor area greater than 7,500 square feet
Business and vocational schools, colleges, and universities, public P
or private, with a maximum floor area of 7,500 square feet
Business studios and offices P
Car wash facilities, subject to the provisions of Section 228.1 X
Childcare and childcare education centers P
Commercial and other surface parking lots X
Commercial parking structures P
Communication towers meeting the requirements of Section 232(j) P
Communication towers, except as specified above C
3
Craft breweries, subject to the provisions of section 230 C
Craft distilleries, subject to the provisions of section 230 C
Craft wineries, subject to the provisions of section 230 C
Dwellings, attached X
Dwellings, multi-family C
Dwellings, multi-family with workforce housing units, provided that P
not less than seventeen (17) percent of the total number of
dwelling units are workforce housing units, subject to the
provisions of Article 21
Dwellings, multi-family within one hundred (100) feet of a C
residential zoning district or adjacent to residential or apartment
district without an intervening street, or alley over twenty-five (25)
feet in width
Dwellings, Single-Family X
Fiber-optics transmission facilities, subject to the provisions of C
Section 233.15
Financial institutions, provided that any drive-through facilities P
shall be located on the block interior or in the ground floor of a
parking structure
Funeral homes P
Furniture repair and upholstering; repair services for radio and P
television and household appliances other than those with
gasoline engines; carpet and linoleum laying, tile setting, sign
shops and other small service businesses within a mixed-use
building
Furniture repair and upholstering; repair services for radio and P
television and household appliances other than those with
gasoline engines; carpet and linoleum laying; tile setting, sign
shops and other small service businesses other than within a
mixed-use building
Greenhouses and plant nurseries in a mixed-use building P
Greenhouses and plant nurseries other than in a mixed-use C
building
Grocery stores, carry-out food stores and convenience stores P
Heliports and helistops C
4
Home occupations C
Housing for seniors and disabled persons, subject to the C
provisions of Section 235; convalescent, nursing, or maternity
homes
Hospitals and sanitariums C
Hotels and motels P
Laundry and dry-cleaning establishments, retail P
Live-work units P
Liquor stores other than at wholesale P
Medical and dental offices and clinics P
Medical laboratories P
Mini-warehouses, provided that such use and any accessory or X
other uses in conjunction with the principal use are more than
one-story and storage units are only accessible from the interior of
the building.
Motor vehicle sales and rentals, provided that such use and any X
accessory or other uses in conjunction with the principal use are
fully enclosed within a building
Museums and art galleries P
Off-site parking facilities, subject to the provisions of Section 2406 P
Office P
Pharmacies, provided that any drive-through facilities shall be P
located on the block interior or in the ground floor of a parking
structure or otherwise not visible from a public right-of-way
Printing, publishing, and similar uses P
Personal service establishments P
Public parks, plazas, recreational areas, botanical and zoological P
gardens
Public schools P
Public uses, except public schools P
Public utilities installations and substations, provided that storage P
5
and maintenance facilities shall not be permitted; and provided
further, that utilities substations other than individual transformers
shall be surrounded by Category IV screening except for
entrances and exits; and provided also that transformer vaults for
underground utilities shall require only Category I screening,
except for access openings
Public utility storage or maintenance installations X
Radio and television broadcasting stations C
Recreational or amusement facilities, indoor, with a maximum P
floor area of 7,500 square feet
Recreational or amusement facilities, indoor, with a maximum C
floor area greater than 7,500 square feet
Recreation or amusement facilities, outdoor, other than riding C
academies and recreational campgrounds, subject to the
provisions of Section 240.1
Religious uses with a floor area greater than 4,000 square feet C
Religious uses with a maximum floor area of 4,000 square feet or P
less
Eating and drinking establishments, whether freestanding or in a P
mixed-use building, with a drive-through window, provided that
drive-through facilities shall be located on the block interior or on
the ground floor of a parking structure
Eating and drinking establishments, without drive-through P
windows
Retail establishments, other than those listed separately, including P
the incidental manufacturing of goods for sale at retail on the
premises; provided that outdoor storage or display of any items for
sale shall comply with the provisions of Section 2404(c)
Solar energy conversion systems, roof-mounted, except as P
provided below
Solar energy conversion systems, freestanding C
Storage or processing of salvage, scrap, or junk X
Satellite wagering facilities within a mixed-use building C
Single room occupancy facility C
6
Tattoo parlors and body-piercing establishments C
Transportation Terminal P
Truck and trailer rentals, in accordance with the provisions of X
Section 242.2
Wholesaling and distribution operations, provided that such X
operations do not involve the use of:
(i) more than 2,000 square feet of floor area for storage of wares;
(ii) any vehicle rated at more than 11/2 tons, or (iii) a total of more
than five (5) delivery vehicles
Wind energy conversion systems, roof-mounted, except as P
provided below
Wind energy conversion systems, freestanding C
Wind energy conversion systems, roof-mounted, more than one C
(1) per principal structure
74
75 (b) If a proposed use is not expressly permitted pursuant to subsection (a), but is similar
76 to a listed use, the Zoning Administrator may categorize the proposed use as a use
77 permitted by this section, either as a principal or conditional use. In determining
78 whether a proposed use is similar to a listed use, the Zoning Administrator shall
79 consider (1) the actual or projected characteristics of the proposed use in
80 comparison to those of the most similar listed use; and (2) the categorization of the
81 proposed use in the Standard Land Use Coding Manual (First Edition January
82 1965). Rental of rooms in a dwelling or the entire dwelling thirty (30) consecutive
83 days or more is an accessory use to the dwelling.
84
85 (c) Unless otherwise expressly stated, accessory uses and structures are permitted in
86 conjunction with an allowed principal use. Accessory uses and structures shall be as
87 defined in Sec. 111 .
88
89 Sec. 2404. - Development standards.
90
91 Uses and structures in the District shall conform to the development standards listed
92 below.
93
94 (a) Lot Standards (values expressed in feet unless otherwise indicated):
95
Standard WCD Overlay
Front setback (min.) 5'
7
Side street setback (min.) 10'
Side setback (min.)1 10'
Rear setback (min.)' 5'
Build-to zone12 5' - 15'
Alley setback (min.) 1 5'
15'
Surface parking setback (min.) No parking between the
front façade of the
building and the street
Parking structure setback (min.)23 5'
Outdoor amenity space (min.)34 20% of lot area
96
97 Notes:
98
99 1. Where a zoning lot adjoins the side or rear yard of a zoning lot in a residential or
100 apartment district without an intervening street or alley over twenty-five (25) feet
101 in width or a body of water over fifty (50) feet in width, the following minimum
102 setback regulations shall apply on that portion of the zoning lot within one
103 hundred (100) feet of the adjoining residential or apartment district. In cases
104 where more than one (1) of the following apply, the most restrictive shall apply.
105
106 a. For non-residential uses adjacent to a residential district, the minimum
107 setback shall be twenty-five (25) feet. Category IV landscape screening shall
108 be required within the yard area. No other uses or structures shall be
109 permitted in such yards.
110 b. For non-residential uses adjacent to any apartment district, the minimum
111 setback shall be ten (10) feet. Category IV landscape screening shall be
112 required within the yard area. No other uses or structures shall be permitted
113 in such yards.
114
115 2. The build-to zone is the portion of a lot in which at least the first two (2) stories of
116 a building façade facing a street must occupy no less than the percentage, as
117 designated in subsection (b), of the distance between the lot lines abutting the
118 public street faced by the building façade. The build-to requirements shall apply
119 to all building façades facing a public street, not including alleys.
120
121 3. The parking setback must be met in the designated percentage of the street
122 frontage of any portion of the lot or leased area, as the case may be, adjacent to
123 a public street and applies to surface parking and parking structures (ground
8
124 story only). Where parking is located on the ground floor on the primary building
125 frontage, it must be screened so that vehicles are not visible. Sloped ramps
126 cannot be located along the perimeter of the structure. Architectural or vegetative
127 screening must be used to articulate the facade, screened from parked vehicles
128 and shield lighting.
129
130 Surface parking on corner lots, including vehicular entrances and exits, shall be
131 set back at least fifteen (15) feet from each point of intersection unless a greater
132 setback is required by the conditional use permit.
133
134 4. Outdoor amenity space is an exterior area of an establishment that: (1) serves as
135 an amenity for occupants of the establishment or members of the public and (2)
136 consists of areas such as gardens (including roof gardens), landscaping beds or
137 other vegetated and maintained areas, courtyards, fountains, plazas, parks,
138 cafes, or similar areas. Stormwater management facilities may be included
139 within outdoor amenity spaces, but outdoor display areas and areas consisting
140 solely of grass and lacking other components such as trees, landscaping or
141 hardscape improvements shall not be included as outdoor amenity space.
142 Outdoor amenity space shall be maintained in good condition at all times.
143
144 (b) Building Form Standards (values expressed in feet unless otherwise indicated):
145
WC
Height (min.) 24'
Height (max.)1'2 55'
Ground floor height (min.)23 14'
Build-to zone3,4 70%
60% ground floor;
Transparency (min.)4,5
30% upper floors
Blank wall (max.)5'6 30'
Permitted uses in mixed-use buildings' A, B, C, D, E, F8 , G,
(ground floor) H
Permitted uses in mixed-use buildings8 A, B, C, D, E, F, G,
(upper floors) H
146
147 Key to permitted uses:
9
148 A: Retail and service
149 B: Office
150 C: Hotel lobby/conference space/accessory uses
151 D: Restaurants
152 E: Recreational, assembly or institutional
153 F: Residential
154 G: Hotel
155 H: Commercial parking structures
156
157 Notes:
158
159 1. Permitted encroachments above the maximum height shall be as set forth in
160 Section 202.
161
162 2. Where a zoning lot within any district listed in the table above adjoins the side or
163 rear yard of a zoning lot in a residential or apartment district without an
164 intervening street or alley over twenty-five (25) feet in width or a body of water
165 over fifty (50) feet in width, the following maximum height regulations shall apply
166 on that portion of the zoning lot within one hundred (100) feet of the adjoining
167 residential or apartment district. In cases where more than one (1) of the
168 following apply, the most restrictive shall apply.
169
170 a. When adjacent to residential district, the maximum height shall be thirty-
171 five (35) feet.
172 b. When adjacent to A-12 or A-18 Apartment Districts, the maximum height
173 shall be thirty-five (35) feet.
174 c. When adjacent to A-24 Apartment District, the maximum height shall be
175 forty-five (45) feet.
176 d. When adjacent to A-36 Apartment District, the maximum height shall be
177 fifty (50) feet.
178
179 3. Measured from finished floor to finished floor.
180
181 4. Minimum percentage of street frontage of the lot or leased area occupied by
182 building façade.
183
184 5. Minimum percentage of windows and doors that must cover a ground story
185 façade facing a street, as measured between two (2) and eight (8) feet above the
186 adjacent sidewalk. The minimum percentage of windows and doors that must
187 cover an upper floor façade facing a street is measured from the finished floor to
188 the finished floor above. When there is no floor above, upper story transparency
189 is measured from the top of the finished floor to the top of the wall plate. A
10
190 minimum of sixty percent (60%) of a required entrance must be transparent on a
191 mixed-use or commercial building.
192
193 6. "Blank wall" means a portion of the exterior street-facing façade of the building
194 that does not include a substantial material change (paint color is not considered
195 a substantial change); windows, doors, columns, pilasters, or other articulation
196 greater than twelve (12) inches in depth. The above requirement applies in both
197 a vertical and horizontal direction and to both ground and upper story street-
198 facing facades.
199
200 7. A mixed-use building is a building containing two (2) or more separate uses, one
201 of which consists of residential dwelling units, that are physically and functionally
202 integrated within the same building on one zoning lot.
203
204 8. Residential dwelling units may not occupy more than fifty percent (50%) of the
205 total floor area of the ground floor of the building in which it is located.
206
207 (c) Outdoor display and storage.
208
209 Outdoor display is the outdoor display of merchandise available for sale at an
210 establishment.
211
212 1. Outdoor display of merchandise is permitted in association with any permitted
213 commercial use in accordance with the following provisions:
214
215 a. Outdoor displays shall be limited to an area within eight (8) feet of a
216 building façade that contains the principal customer entrance for the
217 building and shall not be within any area consisting of outdoor amenity
218 space. Outdoor displays shall occupy no more than thirty percent (30%) of
219 the horizontal length of such façade, and the maximum height of any such
220 display shall not exceed six (6) feet;
221 b. Outdoor displays shall be removed and placed inside a fully enclosed
222 building at the end of each business day; and
223 c. Outdoor displays may not impair the ability of pedestrians to use the
224 sidewalk.
225
226 2. Outdoor display of liquefied petroleum (LP) gas storage racks, ice storage bins or
227 similar items, soft drink or other vending machines, or items on pallets, shall not
228 be permitted.
229
11
230 3. Outdoor storage is the overnight storage, outside of a building, of products or
231 materials, including, without limitation, merchandise, or material in boxes, in
232 crates, on pallets or in shipping containers; vehicles awaiting repair; recreational
233 vehicles and boats; shopping carts; garden or building supplies; shipping
234 containers; lumber, pipe, steel, junk and other similar items.
235
236 a. Outdoor storage shall be allowed only as provided in section 208 or as a
237 condition of a conditional use permit authorizing the use at which outdoor
238 storage occurs.
239
240 (d) Permitted setback encroachments.
241
242 1. The following encroachments into the area between a building façade and public
243 right-of-way shall be permitted:
244
245 ) Galleries, awnings, porte cocheres, stoops, porches, and balconies;
246 b) Outdoor seating and sidewalk cafes;
247 g) Outdoor display areas, in accordance with subsection (c);
248 cl) Signs, as allowed by Section 2409;
249 e.) Street furniture to include, but not limited to, pedestrian oriented trash
250 receptacles not to include dumpsters water features, bicycle racks, scooter
251 corrals, and bollards;
252 f) Pedestrian lighting;
253 g) Minor structures accessory to utility facilities such as hydrants, manholes,
254 transformers, utility boxes, meters, and fire suppression equipment;
255 ) Handicapped ramps to the extent necessary to perform their proper function;
256 11 Building eaves, roof overhangs and light shelves, provided there is at least eight
257 (8) feet clearance between the base of the element and the sidewalk;
258 1 Cornices, belt courses, sills, buttresses, or other similar architectural features,
259 provided there is at least eight (8) feet in clearance between the base of the
260 element and the sidewalk;
261 I ) Bay windows, oriels, vestibules that are less than ten (10) feet wide may
262 encroach up to four feet, provided that such an extension is at least two (2) feet
263 from the vertical plane of the lot line;
264 11 Chimneys, flues, or green walls may encroach up to two (2) feet, provided that
265 such encroachment is at least two feet from the vertical plane of the lot line;
266 m) Outdoor amenity space components, bioretention features, rain gardens, publicly
267 accessible plazas/gardens/parks, plant material, landscaping, sidewalks, trees,
268 tree wells, and planters;
269 Sculptures and other public art, in accordance with the provisions of section 2207
270 Permitted access drives;
271 pi Publicly accessible multi-use paths;
12
272 al Walls or fences not more than four (4) feet in height; provided, however, that
273 walls or fences providing required screening or used to screen mechanical or
274 similar equipment shall not exceed eight (8) feet in height;
275 6 Subgrade foundations;
276 Encroachments approved for Conditional uses allowed by section 2403 if
277 specified in the conditional use permit.
278
279 2. Encroachments into or over public streets, sidewalks or other public property shall
280 be permitted in accordance with Article VI of Chapter 33 of the City Code, except as
281 otherwise provided in this Article. All encroaching structures and signs shall conform
282 to the applicable Central Business Core District Design Guidelines.
283
284 Sec. 2405. Optional forms of development.
285
286 1. Optional Forms of Development are design alternatives that may be used in place of
287 the specific requirements prescribed by this Article if the applicable conditions set
288 forth in this section are met. The goal of optional forms of development are to
289 provide design incentives for Generally, such conditions include: (1) usage of a form
290 of development or amenity that is different from the specific development standard
291 prescribed by this Article, where the different form or amenity serves the same or a
292 closely related purpose or purposes as the prescribed development standard; and
293 (2) substantial conformity to applicable provisions of the Central Business Core
294 District Design Guidelines.
295
296 2. The requirements of this Article may be satisfied by compliance with either the
297 prescribed development standard set forth in section 2404 or the provisions of this
298 section, as applicable. The provisions of this section are intended to encourage
299 creativity by providing a flexible development option that will achieve the goals and
300 objectives of this Article equally well as compliance with the specific development
301 standards set forth in section 2404.
302
303 3. The following provisions set forth the purposes of the development standards
304 prescribed in section 2404 and the optional means of fulfilling those purposes using
305 alternative design and building features:
306
307 a Build-to Zone.
308
309 Optional form of development:
310
311 1. The building façade shall be located no more than thirty (30) feet from the lot
312 line faced by such building façade.
13
313 2. Provide outdoor amenity space located adjacent to the street and
314 encompassing substantially the entire area between the street and the
315 building façade along at least seventy percent (70%) of the street frontage of
316 the lot or leased area.
317 3. Outdoor amenity space may consist of an outdoor café, swimming pool,
318 courtyard, fountain, park, plaza, garden or similar area, or a combination
319 thereof. No vehicular parking shall be allowed anywhere within outdoor
320 amenity space or between the outdoor amenity space and the building
321 facade.
322 4. The building façade shall substantially conform to the applicable Central
323 Business Core District Design Guidelines.
324 5. Where a driveway prevents the use of outdoor amenity space in a location
325 specified by this section, such outdoor amenity space may be placed
326 elsewhere on the lot in such location as will sufficiently activate the street
327 frontage to the extent contemplated by this section.
328
329 b. Parking Setbacks.
330
331 Optional form of development: Enliven the street frontage and screen the parking area
332 by the creative use of public art, plant material and landscaping, water features, or other
333 pedestrian amenities that provide visual interest. For structured parking, maintain
334 continuity of the sidewalk by minimizing the number and width of curb cuts for
335 driveways. Where alleys do not exist, concentrate curb cuts at side streets or mid-block.
336 The optional form of development shall substantially conform to applicable Central
337 Business Core District Design Guidelines. In no case shall parking be less than 10 feet
338 from any Right-of-Way.
339
340 c. Height.
341
342 Optional form of development: An increase in height not more than seventy-five (75)
343 feet in total, not exceeding that permitted by section 202(b) or reduction in the minimum
344 height to no less then twenty-two (22) feet is permitted for any building that substantially
345 conforms to Chapter 3 (Buildings) of the Central Business Core District Design
346 Guidelines.
347
348 d. Transparency/Blank Wall.
349
350 Optional form of development: Provide outdoor amenity space, such as a courtyard,
351 outdoor café, or water feature, adjacent to the street, or, for upper stories, balconies,
352 and galleries. Enhance materials and architectural detail on building facades in
14
353 substantial conformity with applicable Central Business Core District Design Guidelines.
354 Outdoor amenity space shall be in reasonable proportion to the degree of difference
355 between the prescribed transparency requirements and the actual transparency
356 provided.
357
358 e. Reduced Parking.
359
360 Optional Form of Development:
361
362 1. The optional form of development shall substantially conform to applicable
363 Central Business Core District Design Guidelines.
364 2. For multi-family residential uses, the minimum parking requirement may be
365 reduced to 1.6 spaces per dwelling unit.
366 3. For nonresidential uses, the minimum required parking may be reduced in
367 accordance with Sec. 203(b)(11) of the City Zoning Ordinance.
368
369 Sec. 2406. - Nonconforming buildings and structures.
370
371 (a) Notwithstanding the provisions of section 105(d), additions to or substantial
372 alterations of any building or other structure rendered nonconforming by the adoption of
373 this Article shall be allowed if:
374
375 (1) Not more than fifty percent (50%) of the original building or structure is
376 demolished to accomplish the addition or substantial alteration;
377
378 (2) The exterior footprint of the building or structure, including the floor plate of
379 upper stories, is not increased by more than fifteen percent (15%);
380
381 (3) The height of such building or structure is not increased by more than fifteen
382 percent (15%) in any district in which there is a maximum height limitation;
383 provided, that no structure shall be higher than otherwise allowed by section 202;
384
385 (4) The building or structure, as added to or substantially altered, will be
386 compatible with surrounding properties and neighborhoods;
387
388 (5) The portions of the building or structure that are added or substantially altered
389 substantially conform to the Central Business Core District Design Guidelines, as
390 determined by the Planning Director; and
391
392 (6) Any enlargement or substantial alteration of such building shall be subject to
393 the provisions of this section.
394
395 (b) Any nonconforming building or structure that is involuntarily damaged or destroyed
396 may be reconstructed or restored to its prior condition and location within two (2) years
15
397 of its being damaged or destroyed; provided that any enlargement or substantial
398 alteration of such building shall be subject to the provisions of this section.
399
400 C. - VEHICULAR PARKING REGULATIONS
401
402 Sec. 2407. - Off-street parking.
403
404 a. For purposes of this section, the term "parking requirements" shall mean the number
405 of off-street vehicular parking spaces required by this section.
406
407 b. Off-street parking requirements shall be in accordance with Section 203.
408
409 c. Off-street loading requirements shall be in accordance with Section 204.
410
411 d. The number of parking spaces shall not exceed 110% of the minimum parking
412 requirements.
413
414 e. Landscaping Screening and Buffering requirements shall be in accordance with
415 Article 2 Section G.
416
417 f. Off-street parking shall not be located between the right-of-way and the street-facing
418 facade of the primary building.
419
420 g Where shared parking arrangements are proposed, the Zoning Administrator shall
421 determine the number of parking spaces that may be shared based on a shared
422 parking feasibility study prepared by a license professional engineer or other
423 qualified professional. The study shall:
424
425 1. Identify the properties and uses for the study;
426
427 2. Determine the number of parking spaces that would be required by applying the
428 standard for the uses for all the properties in subparagraph (q)(1), above;
429
430 3. Determine the peak parking demand for the combined demand of all the uses for
431 all the properties in subparagraph (g)(1), above, using standard parking
432 generation rates in sources approved by the Zoning Administrator; and
433
434 4. Compare the results of(g)(2) and (g)(3), above.
435
436 If the Zoning Administrator finds that the shared parking feasibility study is
437 consistent with the guidelines promulgated pursuant to paragraph (q) above, the
16
438 Zoning Administrator shall use the lesser of the two parking demands calculated
439 in subparagraph (g)(4), above, as the minimum number of parking spaces to be
440 provided for all the properties and uses in the study. If standard parking
441 generation rates for any of these uses in the study are not available, the
442 applicant may collect data at similar sites to establish local parking demand
443 rates. If the shared parking feasibility study assumes use of an existing parking
444 accumulation.
445
446 h. To the extent possible, pedestrian walkways shall be provided from the off-street
447 parking to the building and right-of-way.
448
449 i. Off-street parking and loading areas shall be arranged and designed for convenient
450 and safe access for pedestrians from the off-street parking spaces to the entrance to
451 buildings on the site.
452
453 L. Off-street parking areas shall be arranged so no parking or maneuvering incidental
454 to parking shall occur on a public street or sidewalk.
455
456 k. Bicycle parking shall meet the "Good Bicycle Parking Design" Addendum of the
457 Virginia Beach Landscaping Guide
458
459 I. Notwithstanding anything in this ordinance to the contrary, required off-street parking
460 for any use located within the District may be made available for use by the public as
461 well as by the customers or patrons of such use.
462
463 m. Parking requirements for uses within the District may be satisfied by anyone, or a
464 combination of, the following:
465
466 1. On-site parking;
467
468 2. Off-site parking facilities, as set forth in section 901 of this ordinance; or
469
470 3. Public parking, if the Planning Director determines (i) that there are at least
471 enough public parking spaces located within the District to meet public parking
472 demands; and (ii) that the use of such public parking spaces to satisfy the
473 parking requirements of the proposed use, either wholly or partially, is warranted
474 in light of the following considerations:
475
476 I) The extent to which the proposed use advances the goals and objectives of
477 this Article; and
17
478 ill The extent to which the proposed use conforms to the Urban Design Plan
479 component of the Pembroke Strategic Growth Area Plan.
480
481 D. - SIGN REGULATIONS
482
483 Sec. 2408. - Intent; findings, establishment of special sign district.
484
485 (a) Intent. The intent of the sign regulations set forth in this section is to:
486
487 (1) Encourage signage that enhances the overall aesthetics of the Pembroke
488 Strategic Growth Area;
489
490 (2) Ensure that the public benefits derived from past and future expenditures of
491 public funds for the infrastructure improvements and beautification of the streets
492 and public spaces are protected by preventing visual clutter caused by excessive
493 or poorly placed signage
494
495 (3) Encourage signage that is reflective of the aesthetics and character of its
496 location and compatible with, and integrated into, the building's architectural
497 design and with other signs on the property;
498
499 (4) Provide incentives for high-quality signage by increasing signage allowances
500 for signs that conform to the Central Business Core District Design Guidelines;
501 and
502
503 (5) Encourage creativity by providing flexibility to utilize signage not only as a
504 means of identifying a business establishment but as a decorative feature to
505 enhance the appearance of a building as well.
506
507 (b) Findings. The City Council finds that:
508
509 (1) Signs have a strong visual impact on the character and quality of a
510 community. They are an integral part of the cityscape and, as such, can enhance
511 or detract from the City's image and character. As a prominent part of the
512 cityscape, they can attract or repel the viewer and affect the safety of vehicular
513 traffic, and their suitability helps to define the way in which a community is
514 perceived. Because the City of Virginia Beach relies on the attractiveness of the
515 Town Center area to attract tourists and commerce, aesthetic considerations are
516 directly related to economic value. Apart from economic considerations, however,
18
517 there are intangible benefits for a community in which signage is orderly and
518 attractive;
519
520 (2) The City's current sign regulations address characteristics such as the size
521 and number of signs, but generally do not address other characteristics, such as
522 design, that are equally important in promoting an attractive, urban downtown
523 area.
524
525 (3) Design standards for signage are used in many other localities that are known
526 for their attractiveness and appeal to residents and visitors alike, and have been
527 well-accepted by both businesses and the public as a means of enhancing the
528 overall appearance and prosperity of the community; and
529
530 (4) Providing incentives for businesses to display signage that conforms to
531 voluntary design guidelines is an appropriate means of encouraging those
532 businesses to use well-designed, highly attractive signs that harmonize with the
533 buildings on which they are displayed, the surrounding neighborhood, and other
534 signage in the area.
535
536 (c) Establishment of special sign district. The Pembroke Strategic Growth Area is
537 hereby declared a special sign district, in which the provisions of this section apply.
538
539 Sec 2409. - Regulations applicable to all signage.
540
541 The following regulations shall apply to all signage within the Pembroke Strategic
542 Growth Area. All signage shall comply with the provisions of Article 2, Part B of the City
543 Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of
544 sign types shall be as set forth in section 210.2. In the event of a conflict between the
545 provisions of this section and any other provision of the City Zoning Ordinance, the
546 provisions of this section shall apply.
547
548 (a) Permitted signs. The following signs shall be permitted within the Pembroke
549 Strategic Growth Area:
550
551 (1) Awning signs shall be limited to one (1) sign per awning and shall not exceed
552 a maximum of two (2) square feet in area; provided, however, that an
553 establishment with no wall signs may apply its wall signage allowance, if any, to
554 one (1) awning, in addition to the maximum two square-foot signs permitted on
555 the remaining awnings. In such cases, the awning and sign must conform to the
556 Central Business Core District Design Guidelines. Awning signs shall not be
19
557 internally illuminated. Awnings shall not horizontally extend more than three (3)
558 feet over the public street, sidewalk, or other public property or from the building
559 façade and shall have a minimum vertical clearance of eight (8) feet above
560 ground level.
561
562 (2) Banner signs other than those allowed in connection with major entertainment
563 venues shall be permitted on buildings no less than thirty-two (32) feet in height
564 and must conform to the Central Business Core District Design Guidelines.
565 Banner signs shall not be internally illuminated. Banners shall have a minimum
566 vertical clearance of fifteen (15) feet above ground level, shall not horizontally
567 extend more than five (5) feet over the public street, sidewalk, or other public
568 property or from the building façade, and shall not extend above the top of the
569 building façade. Banners shall be securely mounted by means of mounting
570 hardware perpendicularly to a vertical building wall.
571
572 (3) Building crown signs. In addition to other signage allowed by this section,
573 buildings no less than thirty-two (32) feet in height may have a maximum of two
574 (2) building crown signs. Buildings no less than fifty-two (52) feet in height may
575 have a maximum of four (4) building crown signs, provided they conform to the
576 Central Business Core District Design Guidelines. Building crown signs shall not
577 exceed the area set forth below, nor shall more than one such sign be placed on
578 each building façade. Such signs shall be mounted at least three-fourths (3/) of
579 the distance from ground level to the top of the building façade, but no higher
580 than the top of the building façade. No such sign shall horizontally extend into the
581 public street, sidewalk, or other public property or from the building façade more
582 than the amount listed below.
583
Bldg. height (in feet) Maximum area per sign Maximum extension
(in square feet) from building (in feet)
Less than 75 75 1
75-99 100 2
100-149 125 2
150-199 175 3
200 or more 250 3
20
584
585 (4) Canopy signs shall be limited to one (1) sign per canopy and shall not exceed
586 a maximum of two (2) square feet in area; provided, however, that an
587 establishment with no wall signs may apply its wall signage allowance, if any, to
588 one (1) canopy, in addition to the maximum two square-foot signs permitted on
589 the remaining canopies. In such cases, the canopy and sign must conform to the
590 Central Business Core District Design Guidelines. No canopy sign shall exceed
591 two (2) feet in height or one (1) foot in depth. No canopy sign shall extend
592 outside of the width of the canopy on which it is located. Canopies shall not
593 horizontally extend more than three (3) feet over the public street, sidewalk, or
594 other public property or from the building and shall have a minimum vertical
595 clearance of eight (8) feet.
596
597 (5) Freestanding signs shall be allowed only by special exception for Alternative
598 Compliance pursuant to section 2205.
599
600 (6) Hanging signs shall be limited to one (1) sign for each building facade
601 occupied by a ground story establishment and shall not exceed nine (9) square
602 feet in area. Such signs shall have a maximum of two (2) faces, which shall be
603 parallel to each other. No establishment having a hanging sign shall also have a
604 projecting sign on the same building facade. No hanging sign shall be internally
605 illuminated. Hanging signs shall not horizontally extend more than three (3) feet
606 over the public street, sidewalk, or other public property or from the building
607 facade and shall maintain a minimum vertical clearance of eight (8) feet above
608 ground level.
609
610 (7) Information board signs shall be placed within a weather-resistant closed
611 display cabinet permanently mounted to the building facade and extending no
612 more than six (6) inches over the public street, sidewalk, or other public property
613 or from the building facade. The maximum height of the lettering on such signs
614 shall not exceed two (2) inches.
615
616 (8) Major entertainment venue signs shall be permitted in accordance with the
617 provisions of section 218.
618
619 (9) Marquee signs shall be allowed only on buildings occupied by theaters,
620 cinemas, performing arts facilities or similar venues, and shall conform to the
621 Central Business Core District Design Guidelines. The top of such signs shall be
622 at a height no greater than eighteen (18) feet above ground level, and the
623 marquee shall have a minimum vertical clearance of nine (9) feet above ground
21
624 level. In addition, such signs may contain changeable copy as permitted by
625 subsection (b)(7). Marquee signs may encroach over a public street, sidewalk, or
626 other public property by a maximum horizontal distance of ten (10) feet.
627
628 (11) Projecting or blade signs shall be limited to one (1) sign for each building
629 façade occupied by a ground story establishment. Such signs shall have a
630 maximum of two (2) faces, which shall be parallel to each other, and no
631 establishment having a projecting sign shall also have a hanging sign on the
632 same building façade. Projecting signs shall not be internally illuminated and
633 shall not exceed nine (9) square feet per face in sign area or horizontally extend
634 more than three (3) feet over the public street, sidewalk or other public property
635 or from the building façade, provided, however, that an establishment with no
636 wall sign may apply its wall signage allowance, if any, to one (1) projecting sign,
637 if it conforms to the Central Business Core District Design Guidelines. All
638 projecting signs shall maintain a minimum vertical clearance of eight (8) feet
639 above ground level.
640
641 (12) Sandwich board, A-frame or other signs placed on the sidewalk shall be
642 made primarily of wood, wood composite or metal and have a professional finish.
643 Incorporated inserts must contain a fixed message or be made of chalkboard, dry
644 eraser board, or similar material. Such signs shall be placed directly in front of
645 the façade of the building in which the establishment that is associated with the
646 sign is located, and a horizontal clearance of at least eight (8) feet shall be
647 maintained on public sidewalks. Such signs shall not be illuminated or left out
648 overnight. A maximum of one (1) such sign, not to exceed six square feet per
649 side, shall be permitted per establishment. No merchandise or other material
650 shall be placed on or hang from any such sign. Sidewalk signs other than
651 sandwich board, A-frame style (not hinged at the top) are permitted if they
652 conform to the Central Business Core District Design Guidelines.
653
654 (13) Table umbrella signs shall be limited to no more than two (2) signs on each
655 umbrella and no more than two (2) square feet per sign.
656
657 (14) Wall signs shall not exceed sixty (60) square feet or one (1) square foot per
658 linear foot of building frontage. Establishments located on the ground, or second
659 story shall be permitted one (1) such sign on each building façade occupied by
660 the establishment. No wall sign shall extend above the building façade or
661 horizontally extend more than twelve (12) inches over the public street, sidewalk,
662 or other public property or from the building façade.
663
22
664 (15) Window signs shall not exceed, in the aggregate, ten (10) per cent of the
665 total area of the windows in which they are located; provided, however, that an
666 establishment with no wall signs may apply its wall sign allowance to any
667 window. In such cases, window signs must conform to the Central Business Core
668 District Design Guidelines. Window signs shall not consist of or contain
669 oscillating lights, electronic displays, televisions, or computer monitors. Neon or
670 similar types of signs not to exceed the area specified above shall be permitted if
671 such signs conform to the Central Business Core District Design Guidelines.
672
673 (b) Special regulations.
674
675 (1) Unless otherwise provided, the regulations set forth in this section apply to
676 each separate establishment.
677
678 (2) In the event of a conflict between any of the following provisions and the
679 provisions of subsection (a), the provisions of this subsection control unless
680 stated otherwise.
681
682 (3) All signs that encroach into or over a public street, sidewalk, or other public
683 property shall conform to the Central Business Core District Design Guidelines
684 unless otherwise authorized by resolution of the City Council pursuant to Article
685 VI of Chapter 33 of the City Code.
686
687 (4) Except as expressly allowed, no sign shall be located above the second story
688 of any building.
689
690 (5) Except as expressly allowed, all signs shall be located on that portion of a
691 building wall occupied exclusively by the establishment that is associated with
692 the sign.
693
694 (6) Cabinet or box signs, either standing alone or as a component of a sign, shall
695 not be allowed.
696
697 (7) Changeable copy shall only be allowed as part of a marquee sign, where the
698 changeable copy portion of such signs is not greater than forty percent (40%) of
699 the total area of the marquee sign. Skewed or missing lettering shall be promptly
700 replaced.
701
702 (8) Electronic displays shall be allowed only for major entertainment venues and
703 shall require the approval of the City Council as specified in section 218.
23
704
705 (9) Neon signs shall not oscillate, blink, or flash and shall only be allowed in
706 windows as specified in subsection (a)(17).
707
708 (10) Parking structures and parking garages, public or private, may have one (1)
709 wall sign and one (1) projecting sign per pedestrian or vehicle entrance. The
710 maximum sign area for such wall signs shall not exceed one foot per linear foot
711 of the width of the entrance. The maximum area for projecting signs shall not
712 exceed sixty (60) square feet and shall not horizontally extend more than six (6)
713 feet over the public street, sidewalk, or other public property or from the building
714 façade. Projecting signs on parking structures may be internally illuminated. Wall
715 or projecting signs at pedestrian entrances shall be located at ground floor
716 height. In addition to wall and projecting signs, parking structures no less than
717 thirty-two (32) feet in height shall also have no more than two (2) building crown
718 signs. Unless otherwise specified, no signs on parking structures or garages
719 shall exceed the dimensions specified in section 2210(a).
720 Where a building is located on a zoning lot with a parking structure that is used to
721 satisfy, in whole or in part, the vehicular parking requirements of the building,
722 such building may have, in addition to other signage permitted by this section,
723 one (1) wall sign, which shall be located on the parking structure serving the
724 building and which may be located above the second story of the structure. Such
725 sign shall have an area no greater than one (1) square foot of signage per linear
726 foot of the building wall of the parking structure on which the sign is located, not
727 to exceed sixty (60) square feet.
728
729 (11) Temporary signs located on property for sale, lease or rent shall not exceed
730 sixteen (16) square feet in area. Not more than one (1) such sign is permitted for
731 each building frontage; provided, however, that leasable spaces with a building
732 frontage one hundred (100) feet or greater in width shall be permitted a
733 maximum of two (2) such signs. Properties with no buildings shall be subject to
734 the regulations of the B-3 Central Business District pursuant to section 905(c).
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
G9--el--)
lanning Department City Attorney's 0 ice
CA16139/R-2/April 5, 2023
24
1 AN ORDINANCE TO AMEND SECTION 102
2 THE CITY ZONING ORDINANCE
3 ESTABLISHING THE PEMBROKE SGA
4 OVERLAY DISTRICT— WESTERN CAMPUS
5
6 Section Amended: § 102 of the City Zoning
7 Ordinance
8
9 WHEREAS, the public necessity, convenience, general welfare, and good zoning
10 practice so require;
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14
15 That Section 102 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 Sec. 102. Establishment of districts and official zoning maps.
19
20 (a) In order to carry out the purposes and provisions of this ordinance, the following
21 districts are hereby established:
22
23 . . . .
24
25 (13)Districts Implementing Strategic Growth Area Plans. The districts intended to
26 implement Strategic Growth Area Plans shall consist of:
27
28 (1) OR Oceanfront Resort District; and
29
30 (2) CBC Central Business Core District
31
32 (al) There are hereby established the following overlay districts:
33 (1) Shore Drive Corridor Overlay District ("SD");
34 (2) North End Overlay District ("NE");
35 (3) Old Beach Overlay District ("OB");
36 (4) Historic Kempsville Area Overlay District ("HK");
37 (5) Workforce Housing Overlay District ("WF"); and
38 (6) Short Term Rental Overlay District ("STR").
39 a. Oceanfront Resort ("STR-OR").
40 (7) Pembroke SGA Overlay District—Western Campus
41
42
43 . . . .
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ai• Ca B,_
lanning Department City Attorn Office
CA16147
R-2
May 9, 2023
Applicant City of Virginia Beach Agenda Item
Planning Commission Public Hearing May 10, 2023
Western Campus Overlay District
riti,,,l
Virginia Beach
Request
An Ordinance to add Article 24 to the City Zoning Ordinance to add the Pembroke SGA Overlay District—Western
Campus and to amend Section 102 of the City Zoning Ordinance establishing the Pembroke SGA Overlay District—
Western Campus.
Summary of Request
The proposed Western Campus Overlay District Ordinance is an opt-in overlay district designed to encourage
redevelopment at a scale that is conducive to pedestrian circulation and will serve as a relatively compact, low-to-mid-
rise transitional area from the large footprint, zero lot line development pattern of the Central Business Core District.
The proposed district supports a wide range of multi-family residential, commercial, civic, institutional, and office uses
that complement the economic development activity of the Strategic Growth Area.
The Western Campus District is one of six urban districts that are identified in the Pembroke Strategic Growth Area
(SGA) Plan. A few of the overarching goals of the Pembroke Strategic Growth Area Plan are to:
• Diversify current land uses by transitioning heavy industrial and some light industrial uses to residential, office,
and commercial to meet current and future market demands
• Develop a variety of housing choices, including live-work and multifamily residential buildings that can coexist
with light industrial uses remaining in the long term
• Build on the present urban grid to create a safe, efficient, and connected pedestrian, bicycle and vehicular
network
• Create more parks, urban plazas, and ecogardens that will attract investment and meet both recreational and
stormwater needs.
Planning Staff has received many inquiries for redevelopment within this area that would require a rezoning for the
proposals, which include multifamily, mixed-use, and other uses that are compatible with the Pembroke SGA Plan but
are not permitted in the base district. The identified boundary of the Western Campus Overlay has multiple underlying
zoning districts, including Industrial, Business, and Apartment Zoning Districts.
The Overlay District includes uses that are compatible with the SGA Plan:
• Multi-family
• Small business, retail/office
• Restaurants
• Craft breweries
• Multi-use developments
The development standards within this ordinance provide reduced setbacks and build-to zones, which allow for larger
building envelopes, along with requiring parking to be located to the side or rear of the structure, which will foster
pedestrian-oriented streetscapes, as encouraged in the Comprehensive Plan.
City of Virginia Beach
Agenda Item 1
Page 1
Parcels which do not opt-in to the overlay will continue to be regulated by the uses and standards of their underlying
zoning district.
Public Outreach Information
During the drafting of this amendment staff reached out to internal and external stakeholders for input, including all
Property Owners within the boundaries of the proposed district. Staff also held public outreach meetings, both virtual
and in person, on March 27th and 29th, 2023.
Recommendation
Staff recommends approval of this Ordinance as it will result in development that is more conducive to the Pembroke
Strategic Growth Area Plan.
City of Virginia Beach
Agenda Item 1
Page 2
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 1
City of Virginia Beach (Applicant)
Ordinance Amendment
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you, Mr. Chairman. Today, we have nine items on our consent
agenda. Item number one is the City of Virginia Beach in ordinance to
amend the section 102 of the City Zoning Ordinance. I'll ask Hannah if she
would come forth and read that.
Ms. Sabo: I believe Brandon Hackney will be reading this item.
Mr. Horsley: Okay.
Mr. Hackney:Good afternoon, Chairman and Commissioners. So item one is an
ordinance to amend section 102 of the City Zoning Ordinance, establishing
the Pembroke SGA Overlay District Western Campus, and an ordinance to
add Title 24 to the City Zoning Ordinance to add the Pembroke SGA
Overlay District Western Campus. So the Western Campus Overlay District
is one of six urban districts within the Pembroke SGA, plan the strategic
growth area plan. This ordinance provides the option for any property
owner to opt in to the overlay, which allows for uses and development
standards that may not be allowed within the underlying zoning districts. So
this ordinance is an opt-in, which would allow for any property owner to
continue to develop in accordance with its underlying zoning districts and
standards. So the purpose of this overlay district is to enhance the
economic vitality and walkable character of the Pembroke SGA. Some of
the proposed uses that are not allowed in those underlying zoning districts
are multi-family, small business, such as retail and office, restaurants, craft
breweries and multi-use developments. It should be noted that the parcels
that do not wish to opt into the overlay will continue to be regulated by their
underlying zoning districts.
Mr. Horsley: Thank you Ms. Cuellar. So Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee AYE X
r�NU BE1•
cy.
CITY OF VIRGINIA BEACH
AGENDA ITEM J
ITEM: AN ORDINANCE TO AMEND SECTION 202 OF THE CITY ZONING
ORDINANCE PERTAINING TO FLOOD ZONE HEIGHT REQUIREMENTS
MEETING DATE: June 6, 2023
• Background:
Section 202(a) of the City Zoning Ordinance permits Staff to administratively
approve single-family, duplex, and multi-family dwelling projects which exceed the
standard height requirements by two feet to comply with the height requirements
of the Floodplain Ordinance. However, currently there are districts within the
Floodplain Ordinance that require a freeboard of three feet, which is not
compensated for in the current language of Section 202(a).
• Considerations:
This amendment proposes to replace the language which limits the administrative
height increase to two feet with language that ties the height increase to the
requirements of the Floodplain Ordinance. This proposed language would not only
allow for an administrative height increase in-line with the requirements of the
Floodplain Ordinance but would also ensure that any future amendment of the
height requirements in the Floodplain Ordinance would not necessitate a
subsequent Zoning Ordinance amendment.
Further details pertaining to the ordinance, as well as Staff's evaluation, are
provided in the attached Staff Report.
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend
approval of this request by a vote of 8 to 0.
• Attachments:
Staff Report
Ordinance
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Dep ment/Agency: Planning Department
City Manager:
1 AN ORDINANCE TO AMEND SECTION 202
2 OF THE CITY ZONING ORDINANCE
3 PERTAINING TO FLOOD ZONE HEIGHT
4 REQUIREMENTS
5
6 Section Amended: § 202 of the City Zoning
7 Ordinance
8
9 WHEREAS, the public necessity, convenience, general welfare and good zoning
10 practice so require;
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
15 That Section 202 of the City Zoning Ordinance is hereby amended and
16 reordained to read as follows:
17
18 Sec. 202. Height regulations.
19
20 (a) Except as otherwise provided in the Oceanfront Resort District Form-Based Code,
21 whenever height limits for buildings and other structures are established, no portion
22 of any building or other structure shall extend above such height limits, except
23 residential chimneys, communication towers, broadcasting towers, radio or
24 television antennas, spires, flagpoles, water tanks, roof-mounted wind energy
25 conversion systems or monuments otherwise approved for erection; provided,
26 however, that smokestacks may also extend beyond such limits, if they do not
27 exceed in height the distance to the nearest lot line; and further provided that one
28 tower for purposes of an amateur radio station operation, which may contain
29 multiple antennas, may extend beyond said height limits but shall not exceed ninety
30 (90) feet in height above ground elevation. Single-family dwellings, multi-family
31 dwellings and duplexes that are raised or constructed to comply with the
32 requirements of Appendix K, Floodplain Ordinance, may exceed the height
33 requirements for the Zoning District in which they are located by two (2) feet. the
34 freeboard heiqht required in the applicable floodplain district.
35
36 . . . .
Adopted by the City Council of the City of Virginia Beach, Virginia on the
day of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
i/ 6 '. I )
epartment of Planning City A • ney's Office
CA16136/R-1/March 23, 2023 li
Applicant City of Virginia Beach Agenda Item
Planning Commission Public Hearing May 10, 2023
Flood Zone Height Requirement 2
Virginia Beach
Request
An Ordinance to amend Section 202 of the City Zoning Ordinance, specifically subsection (a), pertaining to height
regulations for single-family, duplex, and multi-family dwellings in certain floodplain districts.
Summary of Request
The purpose of this amendment is to update the language within Section 202(a) of the City Zoning Ordinance to better
align with the freeboard requirements of the Floodplain Ordinance.
Section 202(a) permits Staff to administratively approve single-family, duplex, and multi-family dwelling projects which
exceed the height requirements for the applicable Zoning District to comply with the Floodplain Ordinance. This variance
from the base district is intended to compensate for the height requirements of the Floodplain Ordinance. Currently,the
Ordinance caps this height increase at two feet.
Within the Floodplain Ordinance there are four floodplain districts: The A, AE, Coastal A, and VE districts. Each of these
districts require a specific Freeboard height, which is the required height above the Base Flood Elevation, as determined
by FEMA, needed for a project to comply with the Floodplain Ordinance. In the case of the A and AE district, the
Freeboard height required is two feet.The Coastal A and VE district require a Freeboard height of three feet.
Because there are districts with a Freeboard height of three feet, the current ordinance does not account for this
requirement as it is capped at 2 feet.This ordinance amendment will change the language of the text to align with the
requirements of the Floodplain Ordinance and would not need to be amended in the future should the Floodplain
Ordinance Freeboard requirements be altered.
Recommendation
Staff recommends approval of this Ordinance as it will result in a more flexible language which is better aligned with the
requirements of the Floodplain Ordinance.
City of Virginia Beach
Agenda Item 2
Page 1
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 2
City of Virginia Beach (Applicant)
Ordinance Amendment
RECOMMENDED FOR APPROVAL
Madam Clerk: Agenda item two, the City of Virginia Beach. An ordinance to amend
section 202 of the City Zoning Ordinance pertaining to flood zone height
requirements. Eddie Bourdon wants to speak on this item.
Mr. Bourdon: I'm sorry, this was pulled from consent. I just had a comment. I'm totally in
favor of what is proposed today, but from looking at things historically, I think
it's important and I hope the planning commission may take this up. The
city staff recommended at least a decade ago that the Freeboard, which is
a City controlled determination, be increased to three feet in all flood zones,
and then since then, there was no height change at that time, and because
there was no height change provision in the, with that, it was put back down
to two feet versus three because the builders and developers and
everybody else, you know, didn't think it was equitable to go a whole full
three feet. Now with this change and with the HGLs which we didn't have
before, we've got a very complex regulatory system that's easy to make
mistakes because the HGL elevation trumps the Freeboard in certain of the
sub district areas under our floodplain, not our floodplain, our stormwater
ordinance. So my point here is that, all the flood hazard zones should, in
my view, have a three foot Freeboard rather than have it, you know, mix
and match because you already have the unpredictability of the HGL
elevation. So we're just, we are adding complication after complication.
This isn't adding complication. This is actually a part of simplifying the
process and I would hope that we can look at putting a three foot Freeboard
in all of the flood zones rather than a two in some and a three in another.
Thank you.
Mr. Alcaraz: Thank you. Mr. Bourdon. If I may ask either, does administrator or the or
legal advice, what's your comment on that?
Ms. Sabo: I will say that Council through the last few years has made a number of
changes to the flood plan requirements and that this amendment does not
change what the Freeboard requirements are for any of the districts. It's
simply as Eddie said, makes it simpler to comply with those requirements
and then makes it so the zoning ordinance is in line with those flood plan
requirements.
Mr. Alcaraz: So making it three foot wouldn't benefit across the board?
Ms. Sabo: That would definitely be something that staff could consider changing, the
Freeboard requirements across the city. My understanding is there was a
lot of discussion during the last change to the flood zone requirements
between the development community and then staff and balancing, you
know, the needs for flood mitigation as well as the development desires. So
that's where the current Freeboard requirements came from.
Mr. Alcaraz: Ms. Wilson, may I ask you please?
Ms. Wilson: Yes, I completely agree with Ms. Hannah. I feel like this revision is
something that brings a little more fairness in, if you were building to, you
had to have three feet of Freeboard say, than you could only go up two feet.
So you lost a foot, but we're trying to make it more evenly applicable and
fairer and so I think in order to change the Freeboard requirements, what
we really need to do is go back and look at the flood plan ordinance
holistically and that'll take us a while but that's something we can do
immediately.
Mr. Alcaraz: Okay. Thank you. All right. Are there any questions or comments
Commissioners? None. Do I have a motion?
Mr. Horsley: Mr. Chairman, I make a motion that we approve the item number two.
Mr. Alcaraz: All right. I have a motion by Mr. Horsley.
Mr. Parks: Second.
Mr. Alcaraz: Second by Mr. Parks.
Madam Clerk: The vote is open. By a vote of eight to zero, the item has been
recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee AYE X
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44 J�
It
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: AN ORDINANCE TO AMEND THE REFERENCE HANDBOOK SECTION OF
THE CITY OF VIRGINIA BEACH COMPREHENSIVE PLAN, 2016, TO
INCORPORATE THE FLOOD RESILIENCY TOOLKIT AND COMMERCIAL
AREA PATTERN BOOK INTO THE "DOCUMENTS ADOPTED BY
REFERENCE."
MEETING DATE: June 6, 2023
• Background:
The purpose of this amendment is to update the Reference Handbook of the
Comprehensive Plan, 2016, to incorporate by reference the recently developed
Flood Resiliency Toolkit and Commercial Area Pattern Book.
The Flood Resiliency Toolkit provides guidance, flood resiliency strategies, and
best practices for residents and homeowners to improve resiliency against
flooding at their homes and within their communities. The toolkit includes low,
medium, and high investment recommendations to provide residents with a
variety of options to increase the resiliency of their home and property.
Recommendations range from storing valuables above the base flood elevation,
incorporating rain gardens or rain barrels, and elevating the home.
The Commercial Area Pattern Book provides step-by-step visualizations for
phased redevelopment of existing suburban commercial sites and aims to make
the redevelopment process more predictable for both community members and
developers. The Pattern Book is intended to be a conversation starter between
communities, developers, and planning staff in the early stages of
redevelopment.
• Considerations:
These documents are designed to improve the quality of life and increase
community resilience by providing guidance to address flood mitigation, recreation,
beautification, accessibility, and connectivity while maintaining compatibility with
existing residential communities in Virginia Beach. The Bayfront Advisory
Commission voted to support the adoption of the Commercial Area Pattern Book
at their April 20, 2023, meeting.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. There is no known opposition to this request.
City of Virginia Beach — Flood Resiliency Toolkit & Commercial Area Pattern Book
Page 2 of 2
• Recommendation:
On May 10, 2023, the Planning Commission passed a motion to recommend this
item on the Consent Agenda, by a recorded vote of 8-0, to recommend approval
of this request.
• Attachments:
Staff Report
Ordinance
Minutes of Planning Commission Hearing
Flood Resiliency Toolkit (link to document provided below)
Commercial Area Pattern Book (link to document provided below)
https://www.vbgov.com/government/departments/planning/2016ComprehensiveP
lan/Pages/Community-Revitalization-Guidelines.aspx
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department
City Manager: )407
1 AN ORDINANCE TO AMEND THE VIRGINIA
2 BEACH COMPREHENSIVE PLAN 2016 WITH
3 THE ADDITION AND INCLUSION OF THE
4 FLOOD RESILIENCY TOOLKIT AND
5 COMMERCIAL AREA PATTERN BOOK
6
7 WHEREAS, the public necessity, convenience, general welfare, and good zoning
8 practice so require;
9
10 WHEREAS, the City of Virginia Beach developed two (2) guidance documents
11 addressing flood resiliency and the development of commercial areas, that should be
12 included in the Comprehensive Plan 2016;
13
14 WHEREAS, both documents apply to various parts of the City and are closely
15 aligned, therefor the public and stakeholder input gatherings were held together
16 throughout the City from February to June of 2022;
17
18 WHEREAS, the flood resiliency toolkit is based upon experiences in the Bow
19 Creek area but can be used throughout the City to provide guidance, strategies, and
20 best practices for residents of existing homes and neighborhoods across the City. The
21 primary goal is to address community resiliency;
22
23 WHEREAS, the commercial area pattern book explores commercial segments of
24 the City as redevelopment is contemplated in concert with the existing residential areas.
25 It too is based upon the Bow Creek area, but can be used throughout Suburban areas
26 of the City, as designated by the Comprehensive Plan 2016; and
27
28 WHEREAS, the Planning Commission at its April 12, 2023, public hearing
29 recommended the approval of the attached Flood Resiliency Toolkit and Commercial
30 Area Pattern Book and their inclusion in the Comprehensive Plan 2016.
31
32 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
33 BEACH, VIRGINIA:
34
35 That the attached Flood Resiliency Toolkit and Commercial Area Pattern Book
36 are hereby adopted and that the Comprehensive Plan 2016 is hereby amended and
37 reordained to include these guidance documents.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 2023.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
41.44ez ,-7 aeGo- &, ,.__..
anning Department City A orne s ffice
CA16137/R-3/April 4, 2023
Applicant City of Virginia Beach Planning Commission Public Hearing May 10, 2023
Agenda Item
Flood Resiliency Toolkit and Commercial Area Pattern
(nth/nj Book
3
Virginia Beach
Request
An Ordinance to amend the Reference Handbook section of the City of Virginia Beach Comprehensive Plan, 2016,to
incorporate the Flood Resiliency Toolkit and Commercial Area Pattern Book into the "Documents Adopted by
Reference."
Summary of Request
The purpose of this amendment is to update the Reference Handbook of the Comprehensive Plan, 2016, to incorporate
and reference the recently developed Flood Resiliency Toolkit and Commercial Area Pattern Book.
The Flood Resiliency Toolkit provides guidance,flood resiliency strategies, and best practices for residents and
homeowners to improve resiliency against flooding at their homes and within their communities. The toolkit includes
low, medium, and high investment recommendations to provide residents with a variety of options to increase the
resiliency of their home and property. Recommendations range from storing valuables above the base flood elevation,
incorporating rain gardens or rain barrels, and elevating the home. The Commercial Area Pattern Book provides step-
by-step visualizations for phased redevelopment of existing suburban commercial sites and aims to make the
redevelopment process more predictable for both community members and developers. The Pattern Book is intended
to be a conversation starter between communities, developers, and planning staff in the early stages of redevelopment.
These documents are designed to improve the quality of life and increase community resilience by providing guidance to
address flood mitigation, recreation, beautification, accessibility, and connectivity.
Recommendation
Staff recommends approval of this Ordinance, as these documents will help to improve the resiliency of homes and
neighborhoods, and assist with the redevelopment of aging commercial centers, while maintaining compatibility with
existing residential communities in Virginia Beach. Additionally, the Bayfront Advisory Commission voted to support the
adoption of the Commercial Area Pattern Book at their April 20, 2023, meeting.
City of Virginia Beach
Agenda Item 3
Page 1
-1
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THE CITY OF VIRGINIA BEACH
Flood Resiliency Toolkit
2023
Flood Resiliency Toolkit
2023
2023 Work Program Architects
FLOOD RESILIENCY TOOLKIT
2023
The City of Virginia Beach Planning Commission:
Naomi Estaris-District 1
Micheal Clemons-District 2
Michael Anderson-District 3
Kathryn Byler-District 4
George Alcaraz,Chair-District 5
Bryan Plumlee-District 6
VACANT-District 7
Holly Cuellar-District 8
John Coston-District 9
William Parks-District 10
Donald Horsley, Vice-Chair-At-Large
The City of Virginia Beach Department of Planning&Community Development
Work Program Architects
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WORK PROGRAM ARCHITECTS
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-Bow Creek Residents Focus Group
TABLE OF CONTENTS
SECTION 1
INTRODUCTION 2
Purpose of the Toolkit 2
Goals and Objectives 4
Community Engagement Overview 4
Community Engagement Summary 5
SECTION 2
PRIMARY STUDY AREA- BOW CREEK 7
Flood Resiliency Strategies&Best Practices 8
Bow Creek Neighborhoods and Stormwater Park 8
Bow Creek Surrounding Commercial Areas 9
Bow Creek FEMA Flood Map 9
Residential Flood Resiliency Strategies 10
Outside Your Home 10
Inside Your Home 11
Tree Preservation&Planting 12
Downspout Disconnection 13
Rain Barrels 14
Cisterns 15
Rain Gardens 16
Permeable Pavement Systems 17
Permeable Pavers 18
Grass&Porous Pavers 19
Porous Asphalt&Concrete 20
Home Elevation 22
Home Elevation-Aesthetic Improvements 24
SECTION 3
RESILIENCE RETROFITS FOR HOMEOWNERS 26
Retrofitting/Remodeling Materials for Your Home 26
SECTION 4
FLOOD RESILIENCY STRATEGIES 30
Community Level Flood Resiliency Strategies
Open Space&Neighborhood Connectivity 30
Stormwater Management 33
City of Virginia Beach 1
SECTI N 1
Purpose of the Toolkit
The City of Virginia Beach Department of Planning&Community Development retained Work Program
Architects (WPA) to assist with this project. This research is focused on the primary study area of the Bow
Creek neighborhood as a prototypical case study to develop guidelines for homeowners and communities
across the SGA, Suburban, and Suburban-transition areas mapped on page 3. Bow Creek was selected as
the primary study area because development patterns and flooding issues in the area are similar to many
communities throughout Virginia Beach. Because of these similarities,these guidelines and best practices
can be followed in any residential area of Virginia Beach.
Bow Creek Area Flood Resiliency Toolkit
This document will provide guidance,flood resiliency strategies and best practices for residents of existing
homes in the Bow Creek area and can be applied to homes and neighborhoods across Virginia Beach.
Opportunities for integrating stormwater management facilities will be identified while simultaneously
addressing flood mitigation, passive and active recreation, beautification, neighborhood accessibility and
connectivity. It will illustrate streetscape design concepts that support and enhance vehicular and non-
vehicular transportation. The primary goal of this toolkit is to promote community resiliency and adapt
to the changing environment by supporting sustainability while improving the overall health, safety, and
welfare of the community.
Goals and Objectives
Quality of Life
• Development that supports high-quality and diverse lifestyles
• Create new opportunities to live,work, and play in every citizen's neighborhood of choice
• Improve connectivity for all modes of travel
Community Resiliency
• Adapt to a changing environment
• Support environmental and neighborhood sustainability
• Improve the overall health, safety, and welfare of the community
2 City of Virginia Beach
INTRODUCTION
Purpose of the Toolkit
a
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City of Virginia Beach 3
SECTI --N 1
COMMUNITY ENGAGEMENT OVERVIEW
To begin this process,the team first needed to meet with those - i, , - _
most affected by the pattern book in order to understand their
vision for the transformation of nearby commercial areas for the Community Revitalization Guidelines
future. It was important to talk with users of every level which ,:
include: '•
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• Property owners ,•
• Residents �'
,
• Business owners - , , 4
t
• City of Virginia Beach staff in various departments including 5,;,
those working on the new Bow Creek Resilience Park project •
Website provided by the City of Virginia Beach specifically for this project
to be updated as it progresses
To address each of these groups,a multi-day, multi-part engagement process was developed:
City of Virginia Beach Department of Planning staff presented the goals and objectives of the project, introduced the
WPA team as consultants and explained their roles and indicated an outline of the scope and timeline for completing
this effort.This information was presented at Princess Anne and Thalia Civic League meetings,as briefings to the
Virginia Beach Vision group and Bayfront Advisory Commission,and in presentations by staff to the Housing Advisory
Committee,the Active Transportation Advisory Committee and Virginia Beach Planning Commission.
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4 City of Virginia Beach
INTR -DUCTI N
Community Engagement Summary
Public Information Meeting-February 23,2022
The first formal public information meeting was held the evening of Wednesday, February 23rd at the Meyera
E. Oberndorf Central Library and was an opportunity for City Staff and the WPA team to brief members of the
public about the scope of the project, previous experience in drafting similar guidelines and pattern books.
Members of the community were encouraged and instructed how to join upcoming focus group meetings in
order to gather further valuable information from the residents and business owners.
A short Q&A session was held, primarily clarifying the scope and purpose of the project as well as addressing
immediate concerns and inaccurate information about the details of the project which had been spread
through social media posts. Participants both online and in person were given the opportunity to provide
feedback in the form of a survey with questions posed during the presentation as well as volunteer to be
members of the future focus groups.
Focus Group#1 Meeting- Bow Creek Area Resiliency Toolkit-March 24,2022
Several members of the Bow Creek residential community, business owners, planning commission members,
staff from the City of Virginia Beach and members of the WPA project team met as a group at the Virginia
Beach Planning and Community Development office building on the evening of Thursday March 24th. During
a presentation from the team explaining the project,the seven focus group members and two planning
commissioners participated in an open dialogue focusing on existing conditions within the primary study area
in Bow Creek, key aspects of how the group viewed connections to the surrounding commercial areas and
future development within them.The group also discussed different types of resiliency and steps that can be
taken to mitigate flooding.
Focus Group#2 Meeting-Suburban/Commercial Area Pattern Book- March 31,2022
Civic league members, Planning Commission members, members of the business community,along with staff
from the City of Virginia Beach met with the WPA team on the evening of Thursday March 31st as the second
focus group assembled for this project. The primary focus of this group was the Suburban and Commercial
areas and developing a pattern book for future development and growth in these areas. During a short
presentation and open discussion,the WPA team explained how aspects of previous pattern books were
developed and implemented in other areas similar to the ones being focused on for this project.The four focus
group members, including business and property owners, and two Planning Commissioners participated in a
dialogue and Q&A for just over an hour talking about their experiences and visions for these areas as well as
what they'd like to see in the updated guidelines.
Combined Focus Group Meeting to Discuss Pattern Book/Toolkit Concepts-June 22,2022
Focus Group#1 and#2 invitees, along with staff from the City of Virginia Beach, met with the WPA team
on Wednesday evening,June 22nd. The primary focus of this group was the Suburban and Commercial
areas.The group developed a set of concepts for design based on the overlap of values shared between the
residential community and the commercial development industry.
Pattern Book/Toolkit Concepts Open House Meeting-VB Staff Internal Review Meeting-June 28,2022
Staff from the City of Virginia Beach met with the WPA team on Tuesday morning,June 28th to review pattern
book and resilience toolkit concepts prior to the scheduled public meeting open house later in the week. This
was intended to educate staff on the current progress of the projects and get initial feedback in regards to their
individual areas of expertise from multiple departments. This input was gathered in the same open house
format to allow flexibility of scheduling during the work day and comments/markups among participants on
exhibits and discussion with team members. These comments and information was then incorporated into
several changes and modifications of exhibits for the public meeting open house.
City of Virginia Beach 5
INTRODUCTION
Community Engagement Summary Cont.
Pattern Book/Toolkit Concepts Open House Review- Public Meeting-June 30,2022
This meeting was advertised using multiple resources and open to all members of the public to meet with the
WPA Team on Thursday evening,June 30th in an open house format to allow for flexibility.The primary focus
was to review the set of concepts developed in the first three meetings and further refine them.WPA provided
visual samples of how a shopping center may be redeveloped based on the set of concepts shared in the
previous meetings and held open discussions with participants in a further effort to father input and opinions
on both the commercial area pattern book as well as the resilience toolkit concepts.
Summary
This document is a summary of the findings from these sessions and will be used to guide the team towards
developing the project deliverables. Please note that this record is a compilation of the notes taken during
the public meetings and is intended to serve solely as such. Statements were recorded and will be reported as
they were made;the accuracy of statements made has not been verified by the project team.
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6 City of Virginia Beach
PAGE INTENTIONALLY LEFT BLANK
SECTION 2
Bow Creek Neighborhoods and Stormwater Park
The Bow Creek area has a number of large,established neighborhoods throughout in close proximity to major interstates and
convenient north-south connector roads.The area has the benefit of close proximity to the largest park in the city,Mt.Trashmore,
to the west and one of the largest shopping malls in the area,Lynnhaven Mall,to the east. Holland Road to the south of the Bow
Creek area has a number of large-size commercial shopping centers with a substantial amount of impervious asphalt parking lots.
These areas along Holland Road are higher in elevation in relation to the neighborhoods within the Bow Creek area and in their
current state and configurations could likely be adding to the issues of flooding.
One substantial improvement currently under construction is the Bow Creek Stormwater park. According to the City of Virginia
Beach:
"Bow Creek Storm water Park will benefit Windsor Woods, Princess Anne Plaza,and The Lakes neighborhoods. These neighborhoods
are located in what was once the undeveloped headwaters of the Lynnhaven River.According to aerial photos from 1949, the area
was originally forest surrounded by farmland. Much of the area has relatively low elevations. Low elevations,coupled with increasing
sea levels(approximately one foot over the last 50 years)and the increasing frequency of storms with significant tides and rainfall
amounts,have resulted in severe flooding of the neighborhood during extreme events."
Potential solutions include:
• Construction of barriers and gates to minimize tidal flooding
• Construction of stormwater pump stations
• Additional stormwater storage capacity
• Increasing the conveyance capacity of the stormwater pipes
LEGEND y CLUB H0 i PLAN LEGEND
0 PIER USE ROAD r 4
0 OVERLOOK w 1. t ;'':; -. /:�� r_- Permanent Water Level ' ' ' Primary Mountain Bike Trail
0 EVENT LAWN 4 �' _
® NATURE TRAIL 5 -11. ,� =! 3 Property Line Technical Mountain Bike
BOARDWALK �¢ • + 3
''' +. Shared Use Path Trail Spur
0 MOUNTAIN BIKE z .• . ® .,0 ••• Nature Trail z Public Access
STRUCTURE i • I, �"
' J `r,. J '110Section Cut '%Water Inflow
0 KAYAK/CANOE ACCESS 6 ♦ J•` , -
•
O PUMP TRACK I. - •\ L. 4 t 0 0 -'� ®- 0
O PROPOSED PARKING wO 0 ON
O REPURPOSED PRO SHOP `t ,-i,• 9 -!y a.3•� lr2 _.'0 . ��
AND CART STORAGE ® ' - Y J y s 4: -
10 STORMWATER 13 > • '
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PLAYGROUND I+ <^ •T`.., R
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GARDEN - s . , ,,' �'(0 rif O. '
12 SHELTER J y f f 5 ii •
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14 PICK LEBALL(6) B w tiic 1 e, OC'"', Cr'
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STRUCTURE VARD o. ♦ vO
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16 BRIDGE 1 j • s d•�•'• `,,-Ia < Gey
17 BRIDGE F ,r $'.. a ♦ p ��J t. OGS
18 ELEVATED WALKWAY 1 — t!N.. \ lik 1.-„,.,2
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0ELEVATED WALKWAY 2 N \. � .
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INTERNATIONAL
8 City of Virginia Beach
PRI—ARY STUDY AR - B— CREEEK
Bow Creek Neighborhoods and FEMA Flood Map
PEMBROKE
_s1' A. TNALIA
YB TOWN CENTER - PINEWOOD GARDENS
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LEGEND CCC v ,5 ) MAC-NOLLOw
1111 Commercial Buildings °t , ‘. `J
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Parking Lots •4 i•
GREEN RUN \� r
/C♦ MAPLETON-
Bow Creek Neighborhoods and Surrounding Commercial Areas
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Bow Creek Neighborhoods and Surrounding Commercial Areas with FEMA�\ Flood Map
City of Virginia Beach 9
FL D RESILIENCY STRATEGIES
0 U TS I D E
Your Home
LEVEL OF INVESTMENT (TIME & COST)
Secure objects- Lawn furniture, grills and
LOW ❑ other non-fixed objects can cause damage to
VV your home if not secured or brought inside
• during a severe weather event
• Trim or remove dead limbs from trees- Even
in a flood event, dead or overhanging limbs
• Li can cause damage to your home that could
easily be avoided
•
Seal cracks and gaps- Windows and doors
on your home are some of the easiest places
�� for water to enter. Waterproof sealant where
pipes enter your home and a good rubber or
•
caulk seal around windows and doors can be
an inexpensive way to protect your home
MEDIUM Protect windows and doors - Storm shutters
are a good addition to help in flood/wind
events
Landscaping- Rain gardens,tree preservation
• and planting along with other tools like rain
barrels and downspout disconnections can
help minimize runoff during heavy rain events
•
Reinforce your garage door-The addition
of a bracing kit or a reinforced garage door,
especially where the garage floor is a low
• point, can help to reduce the risk of flooding
Elevate your home-The most effective means
of flood mitigation is elevating the lowest
floor of your home out of the Base Flood
EElevation (BFE)*. There are Federal programs
40
in place through FEMA to aid in funding home
HIGHelevation and there are state programs in the
works to provide additional support.
*Base Flood Elevation(BFE)for your property can be located at https://webapps.usgs.gov/infrm/estbfel
10 City of Virginia Beach
RESIDENT LEVEL
INSIDE
Your Home
LEVEL OF INVESTMENT (TIME & COST)
Make a list of valuables and inventory your
Lo'A, home-Although not a preventative measure,
VV r� if flood damage does occur it will make the
• process of replacement and filing a claim with
your flood insurance much easier and faster
• Store valuables- Make sure valuables are
kept securely and elevated up and out of the
• BFE* in your home. Waterproof containers,
especially for paper documents, etc. are a
good preventative measure
•
• Elevate appliances- Ensure your appliances
are out of the BFE* for your home and if you
• know flooding will occur, elevate them if
needed
MEDIUMFlood resistant materials - Use flood resistant
ri
• insulation, drywall and floor materials,
especially in any areas not located above the
BFE* for your home
410
• Dry floodproofing- Seal and waterproof the
lower portion of the home that is subject to
flooding or below the BFE*
•
410 Wet floodproofing- Modify the lower portion
of the home below the BFE* with flood
Li damage resistant materials so that water
may infiltrate during a flood but not cause
any substantial damage to the structure or
utilities
•
Flood insurance- Costs will vary depending
HIGHon your location but most homeowners
insurance does not cover flood damage
*Base Flood Elevation(BFE)for your property can be located at https://webapps.usgs.gov/infrm/estbfe/
City of Virginia Beach 11
FLOOD RESILIENCY STRATEGIES/BEST PRACTICES
Tree Preservation and Planting
LEVEL OF INVESTMENT (TIME &COST) Tree Preservation and Planting:
Trees absorb groundwater and release it into
Lu V
� i the atmosphere, reducing the risk of flooding. A
mature oak, for example, can store upwards of 200
gallons (6+ bathtubs) daily.
Tree Planting and preservation is a relatively
inexpensive way to help the environment over
time and aid in stormwater management.
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Benefits:
•Absorbs groundwater
•Tree canopy detains and gradually releases
stormwater and decreases runoff
•Provides shade and potentially cooling
temperatures during hot months
•Improves water quality
HI G H •Increased property value
12 City of Virginia Beach
RESIDENT LEVEL
Downspout Disconnection
LEVEL OF INVESTMENT (TIME & COST) Downspout Disconnection:
C:2) Separating the downspout from your roof gutter
and directing stormwater flow across the lawn or
into a rain garden can greatly reduce the amount
of runoff from a rain event.
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Benefits:
•Reduces runoff volume
•Helps reduce pollutants from water running
across driveways, roads or near corner entrances
where downspouts are often located
•Can be redirected into a rain barrel or cistern for
added uses and benefits (*see page 14)
HIGH
City of Virginia Beach 13
FL !OD RESILIENCY STR--TEGIES/BEST PRACTICES
Rain Barrels
LEVEL OF INVESTMENT (TIME&COST) Rain Barrels:
Rain barrels capture water from a roof and hold it
L for later use such as on lawns, gardens or indoor
plants. Collecting runoff from you roof helps to
• reduce the amount of water that flows from your
property. In fact, it only takes 1/4" rainfall on an
,D average roof to fill a 60 gallon rain barrel .
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Benefits:
•Reduces runoff
•Allows for free watering of indoor/outdoor plants,
lawns or car washing
•Pairs great with downspout disconnect and rain
gardens
•Potentially saves money by reducing use of city
water
HIGH •Multiple barrels can be connected together for
additional storage
14 City of Virginia Beach
RESIDENT LEVEL
Cisterns
LEVEL OF INVESTMENT (TIME &COST) Cisterns:
Cisterns capture and store larger amounts water
LOUDfrom a roof and hold it for later use like rain
VV barrels. They can be extremely helpful in certain
• climates or areas that experience droughts or
extended periods of little to no rain fall.
•
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Benefits:
•Reduces runoff
•Allows for free watering of indoor/outdoor plants,
lawns or car washing
•Larger storage capacity than rain barrels
•Can be used in times without power for washing
clothes or flushing toilets
•Saves money by reducing use of city water and
HIGHpower
City of Virginia Beach 15
FL -D RESILIENCY STRATEGIES/BEST PRACTICES
Rain Gardens
LEVEL OF I NVESTM ENT (TIME & COST) Rain Gardens:
A garden with native plants that can capture the
LOWfirst flush runoff from a rain event and helps to
VV reduce the need for supplemental irrigation.
•
•
• t,rr� t `.� � ' `art i Y �•
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MEDIUM _# t _ -
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ashittza
4.
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•' .ram ��Z't. i
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Benefits:
•Absorbs water that could otherwise contribute to
flooding
•Increased groundwater renewal
•Reduced runoff
•Enhanced aesthetics of your yard
•Keeps pollutants out of groundwater and nearby
HIGHstreams, lakes and rivers
•Reduces landscape maintenance
•Creates a diverse habitat for birds and butterflies
16 City of Virginia Beach
RESIDENT LEVEL
Permeable Pavement Systems
LEVEL OF INVESTMENT (TIME & COST) Permeable Pavement Systems:
Porous surface that catches rain water and surface
LOIN runoff, storing it in the reservoir while slowly
allowing it to infiltrate into the soil below.
•
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Benefits:
•Reduces concentrated pollutants into the soil
•Reduced runoff and erosion
•Increased groundwater renewal
•Reduces pooling and flooding
HIGH
City of Virginia Beach 17
Permeable Pavement Systems - Types
Permeable Pavers- Porous surface that catches rain water and surface runoff,storing it in the reservoir while slowly allowing
it to infiltrate into the soil below.Joints aid in larger water infiltration.
_L.--,-...._z_-..1-.,.4tAktil-vkfi.'-:YA,:*Alreit latittilint?piiik - -..: ' ,
A,'''A att'•.. ..j...--. ' ' ' ,' ''' . . ' .'i's •1,4'I''',it , /•• ' '''...''4. :-•,_-• ""''4•44. :4L.-st- ' , ,. 4:4, --.'4.4. --, ''''' ''.. '4 .
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Benefits: Cons:
• Gravel-filled joints drain water between concrete or clay •Special equipment required for installation
paver stones • Requires maintenance to prevent clogging
• Architectural appearance • Not suitable for some clay soils
• Works in areas with heavy traffic
• Reduces heat island effect
Maintenance: Average cost/square foot:$10-$30
Average Lifespan:20-35 Years
• Keep gaps free of dirt&debris
• Sweep or vacuum every 3 months
• Refill spaces with gravel as required
• Replace gravel when fully clogged or uncleanable
• Replace damaged pavers right away
18 City of Virginia Beach
Permeable Paveme-_ Systems - Types
Grass Pavers and Porous Pavers-Similar in uses as permeable pavers but typically installed over a grid system that adds to
water infiltration and reduces soil compaction.
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14
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` - •� R6i.Lr .f . -'.� { , �i��ilii�. i' .t, �T.. -` �:��}Y: tii"
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Benefits: Cons:
• Water drains through a cellular grid system • Requires maintenance to prevent clogging
• Concrete or plastic honeycomb grids filled with dirt, •Only recommended for low speed/low load bearing
gravel,sand,or grass applications
• Vegetation grows through open cells
• Reduces soil compaction
• Reduces heat island effect
Maintenance: Average cost/square foot:$4-$12(Concrete Grass Grid)
Average Lifespan: 10-20 Years
• Mowing,fertilizing,watering,&seeding grass
• Adding more sod,gravel,or sand
• Surface sweeping only to remove debris
City of Virginia Beach 19
Permeable Pavement Systems - Types
Porous Asphalt and Concrete- Pervious concrete and porous asphalt are regular pavements without fine-grain materials like
sand, so they become porous, meaning water goes down through the surface.
gp. €- `` • •Je
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Benefits: Cons:
• Improved stormwater management •Only recommended for low speed/low load bearing
• Increased traction and improved skid resistance applications
• Potential noise reduction • Does not provide pollutant pre-treatment before infiltration
• Reduces ponding and water thrown from vehicles
• Reduces concentrated pollutants into the soil
• Great for pedestrian applications in commercial areas
Maintenance: Average cost/square foot: $8-$16
Average Lifespan(Porous Asphalt): 15-30 Years
• Vacuum sweeping in spring and fall Average Lifespan(Pervious Concrete):20-40 Years
• Pressure wash if deeply clogged
• No sealcoating like regular pavements
• Deicing materials only since abrasives clog pavement
20 City of Virginia Beach
PAGE INTENTIONALLY LEFT BLANK
FLOW D RESILIENCY STRATEGIES/BEST PRACTICES
Home Elevation
LEVEL OF INVESTMENT (TIME & COST) Home Elevation:
The most effective means of flood protection
LOW is elevating living spaces out of the flood plain.
While all designated flood plains have a specific
• minimum elevation requirement,the majority of
flood damage occurs in places that are not in a
designated flood plain.
•
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•
MEDIUM
•
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• _ - ;
- - =•
_I.
•
Benefits:
• • Reduces the risk of flooding and potentially
reduces flood insurance policy rates which are on
the rise
• Preserves property tax revenues that support
local schools and government
• Saves natural resources and reduces waste as
4111210 opposed to tearing down and new construction
22 City of Virginia Beach
RESIDENT LEVEL
Home Elevation
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_ - -:-- - 416:77-- -' --'404g;
Be ore&A er:Home located at 2605 Moss Rd
_Wide fascia boards between porch
floor and pier foundation
f ; mow " s
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Be ore&After:Home ocate. at 2981 Lynn oven Dr
s.y .
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Be ore&A er:Home located at 472 Goodspeed Rd
Although home elevation is often costly,their are several state and federal programs in place to provide financial assistance
should the homeowner decide to elevate their home.
Techniques to consider
• Use creative design techniques in order to minimize the appearance of change in height
• Identify,retain and preserve existing materials in order to maintain the original aesthetic of the structure.
• Utilize new architectural features to incorporate into the elevation change like porches,decks and stairs to enhance the character
of the structure
Elevate Service Equipment
• HVAC Systems(Air Conditioning units and compressors,heat pumps,furnaces,and ductwork if possible)
• Fuel systems(Natural gas lines and fuel storage tanks)
• Electrical systems(Wiring,switches,outlets,fixtures,and fuse and circuit breaker panels)
City of Virginia Beach 23
FLOW D RESILIENCY STRATEGIES/BEST PRACTICES
Home Elevation -Aesthetic Improvements
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Lattice incorporated Elevated landscaping to conceal
between piers for screening height increase
Utilize varying materials that blend with the landscape on the lower sections of the structure and incorporate raised plantings to screen
the increase in height
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a
Wide staircase and stair landing at
elevation of original finished floor
—Additional landscaping can be incorporated to minimize the
visual impact of increased height
24 City of Virginia Beach
RESIDENT LEVEL
Home Elevation - Aesthetic Improvements
I... ____ . . . "44/.1 mom
—111 t.� v1 At c
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Elevated HVACAfter Home Raising After Elevation and Material Retrofit
�¢" 4 , BEFORE ;Itr ¢¢�•
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- =_ - _
fit .
New Deck Railing ��4 F' _ -_ ! _
1I _to Conceal ' ` ' !'''�., IIIIIIII IIIlIIIIIII � �111 lilllllhllllllll IInn�tmn sir
Change in Scale • f•. •r< . „ � - . q .
'• .T- te.a `. ,_ ..1.4.- •• L ii..,
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P oto Cre•it:P3E evation
y.: .- k,*.a •, ,,,.gr �. r `4ir 4" a BEFORE
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e t-, _
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Dark Foundation — If il'
&Landscaping _ .; ..
... , tr. •• -!�'wJAf to
i
1 ..
P oto Cre•it:P3E evation
City of Virginia Beach 25
SECTI -N 3: FLO- D RESILIENCE F R HOE a -NERS
Retrofitting or Remodeling Materials for Your Home
According to the Federal Emergency Management Agency(FEMA)and the requirements set forth by the National Flood Insurance Program
(NFIP)"regulations require the use of construction materials that are resistant to flood damage.The lowest floor of a residential building must
be elevated to or above the base flood elevation(BFE),while the lowest floor of a non-residential building must be elevated to or above the BFE
or dry floodproofed to the BFE.All construction below the BFE is susceptible to flooding and must consist of flood damage-resistant building
materials."
"Flood[damage]-resistant material"is defined by the NFIP as"any building product[material,component or systemjcapable of withstanding
direct and prolonged contact with floodwaters without sustaining significant damage."The term"prolonged contact"means at least 72 hours,
and the term"significant damage"means any damage requiring more than cosmetic repair."Cosmetic repair"includes cleaning,sanitizing,
and resurfacing(e.g.,sanding,repair of joints,re-painting)of the material.The cost of cosmetic repair should also be less than the cost of
replacement of affected materials and systems. In addition to these requirements,individual materials that are considered flood damage-
resistant must not cause degradation of adjacent materials or the systems of which the material is a part.
Retrofitting or Remodeling-When retrofitting or remodeling any aspect of your home,you should take every possible hazard into consideration
but primarily focus on those that are a greater risk.For most homes in the Hampton Roads area,flooding and wind damage should be heavily
considered.Improvements made to your home in order to increase resistance to the effects of natural hazards should focus on those items that
will potentially give you the largest benefit in return. As mentioned above,you should check your flood insurance policy prior to doing any work to
your home if it includes materials below the BFE.
The following list includes some materials to consider when performing any level of remodeling or retrofitting on your home.
It . ""1"ft,„Z ,
Siding For wind resistance,use high wind vinyl siding with
double nailing hem,fiber cement siding,or heartwood of 4!' 4 11 if,
•naturally durable species. Wood sheathing under double-hem ,?V,.•
vinyl will helpdecrease wind pressure on the siding �,1 -„, �. sk. :A,q —
��
'V.-t Wit. /,_ , �`.
)1.-, 's ` T:m: . #ter"' ^ e.., v;.. T
t
Trim-Use preservative-treated or naturally durable wood to `.
prevent rotting and decay. Artificial stone,steel,or rubber are
also good resilient materials for trim
I
1.1116U— 1 Milikiiiiiiiii—'
Masonry When installed,should be reinforced and fully grouted
especially when incorporated into raised homes. Building codes '
should be strictly followed . '_ ;,
it_ '4., I., _ .
t ,....„ •. , „.• .
,.. ...._......, .. ..„.. . ...ii ..3 -_1 i __ .
26 City of Virginia Beach
FLOOD RESILIENCE F R HOE m---NERS
Retrofitting or Remodeling Materials for Your Home
Lumber-Use preservative-treated to control wood degradation, —____.1.-_ __ s
rotting and insect infestation or naturally durable wood as •
defined in the International Building Code . ♦
— f
Walls&Ceilings Use materials such as cement board,brick, {
i glass,cast stone in waterproof mortar,slate,porcelain,g ass, 1111*
glass block,clay tile,concrete,CMU,preservative-treated wood, Walt wait '0
naturally durable wood,marine grade plywood,or preservative- r1111 'r/ _-
treated plywood amide
/all1 ® , Rom;;
milime
es it .,:* --
Structural Steel-Use coated steel to resist corrosion;steel's \\
elasticity and durability provides extra structural resilience
during potential extreme weather events. Steel is also the most
recyclable construction material available
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4 ...... ..;,14,,.,411111111,--- r ik . .8,
Hardware-Use hot-dip galvanized steel or stainless steel i , .,4
hardware to provide corrosion resistance. Hot-dip galvanizingK„-.414:ip ��1'` �` �ax 'p
provides the lowest initial cost,durability,longevity,availability, •� �! m
t
versatility,aesthetics,and sustainability � � I iir
Or
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-.
wir' Si4�
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Insulation-Sprayed polyurethane foam(SPUF)or closed-cell IIIIislIIIIII 4','- -
insulation considered to be IA
plastic foams are the only type ofs r , I
"flood resistant"according to FEMA .1 t . t '
i
. i __r
City of Virginia Beach 27
FL D RESILIENCE FOR H- �EO•NERS
Retrofitting or Remodeling Materials for Your Home
, \Exterior Sheathing and Subflooring-Use plywood that is -
marine grade or preservative-treated,alkaline copper quaternary `i
(ACQ)or copper azole(C-A)to increase resistance to rot,decay � -
and insect infestation i
-� , ' 11\y.1L�,
___ ____O ,\ -,..
[
Doors-Use metal doors;hollow,wood core,and foam-filled Fejel
core offer structural strength,durability and resilience over other 1 I V I 7 ".ems far
materials. Steel doors often add aesthetic appeal as well r s
` i• ---�
-J
b i
—
aft a;:
i
Flooring-Use latex or bituminous cement formed-in-place,clay,
concrete tile,pre-cast concrete,epoxy formed-in-place,mastic
llAill- _....,,
flooring,polyurethane formed-in-place,rubber sheets or tiles
with chemical-set adhesives,silicone floor formed-in-place,
terrazzo,vinyl sheet-goods or tile with chemical-set adhesives, srio!
preservative-treated or lumber from naturally durable wood ,
t
i
rt
Concrete-Use a sound,durable mix,and when exposed to 6J- 4
saltwater or salt spray,made with a sulfate-resisting cement, i r.
with a 28-day compressive strength of 5,000 psi minimum and a , N• / . • .4114°- -
c� Tf:;-1-
. ��
water-cement ratio not higher than 0.40
s.;-.t4.-. t
Y
28 City of Virginia Beach
IV410
Aligill—.4 1141■111111IIII
Virginia Beach Commercial Area Pattern Book
2023
2023 Work Program Architects
VIRGINIA BEACH COMMERCIAL AREA PATTERN BOOK
2023
The City of Virginia Beach:
Planning Commission:
Naomi Estaris-District 1
Micheal Clemons-District 2
Michael Anderson-District 3
Kathryn Byler-District 4
George Alcaraz,Chair-District 5
Bryan Plumlee-District 6
VACANT-District 7
Holly Cuellar-District 8
John Coston-District 9
William Parks-District 10
Donald Horsley, Vice Chair-At Large
The City of Virginia Beach Department of Planning&Community Development
Work Program Architects
NIB vvi/
WORK PROGRAM ARCHITECTS
PAGE INTENTIONALLY LEFT BLANK
SECT! N 4: FL -OD RESILIENCY STRATEGIES/BEST PRACTICES
Open Space & Neighborhood Connectivity
The following flood resiliency strategies and best practices focus on a larger,neighborhood-based scale.Throughout our community outreach
and public input,there was a common and prevalent sense of community.Historically,new strategies or changes to existing policies tend to
have increased success when implemented at a community level.Members of the community are more likely to become active and engage
in these strategies if they talk to or see their neighbors doing so as well.Incentive based approaches for these resilient strategies should be
encouraged,perhaps by civic leagues or neighborhood associations with possible assistance from local and state agencies.
s-I * ..i
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., ilk ..;
Multi-use paths separated from the road provide safe and Pocket parks can be incorporated into smaller areas of open
convenient modes of alternative transportation for residents space to encourage interaction and even education. The image
above shows green stormwater infrastructure incorporated
into the landscaping and could be used to educate community
members
.it'd -. r .� -'� _�. � r� Y r+t• . ,
4 r.. ► it I�_ -. - $ - �'�
imilik -.:: . i--2--- - -
Cape Henry Drive Multi-Use Path offers an enjoyable pedestrian Separated multi-use paths connected to surrounding
connection with convenient access to adjacent commercial commercial areas allow for convenient and safe connections for
areas residents
30 City of Virginia Beach
NEIGHB— RHO- D /C _,_.UNITY LEVEL
Open Space & Neighborhood Connectivity
Open Space and Neighborhood Connectivity-Open space is seen as a valuable community asset and should be incorporated into connections
between neighborhoods and adjacent business areas in order to promote interaction and outdoor activities. Residents of the Bow Creek area
and neighborhoods throughout the city of Virginia Beach see the value in their existing multi-use paths walkways and enjoy the available
connectivity.These pathways should incorporate adequate lighting to provide safe means of transportation and encourage outdoor exercise
and activities.The possible inclusion of golf cart communities was discussed in several open house meetings with focus group members and
might be looked at as an option for multi-modal transportation to and from adjacent commercial areas.The Virginia Beach Complete Streets
policies should be incorporated into neighborhood connectivity in order to insure adequate and safe pedestrian travel for all residents,including
regulations in accordance with the Americans with Disabilities Act(ADA).
The goals of the City's adopted complete streets policy include:
• Consider all users in all aspects of the project development process for surface transportation.
• Match and balance roadway functions with user needs,both at the roadway segment level and as part of the larger transportation networks.
• Develop the public rights-of-way in harmony with the adjacent land uses.
• Develop an attractive and sustainable transportation system.
• Promote public health by supporting healthy lifestyle choices and improved air quality.
• Promote safety and accident reduction.
• Increase the economic value of business districts and neighborhoods.
z .. i 4 .'114 ' 1 P.
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'14411011P'
Multi-Use Path Intersection- The path allows for sate,non-vehicular transportation,However it
terminates into the commercial area with no direct connection. (Shore Drive Area-Cape Henry
Drive @ Urchin Road)
v
.
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Curving multi-use paths connecting neighborhoods to Golf cart communities are increasing in popularity and provided
commercial areas should include parks or small areas of open separated pathways for multi-modal transportation is a good
space where possible. way of decreasing traffic for areas that look to include these
types of uses
City of Virginia Beach 31
FL -OD RESILIENCY STRATEGIES/BEST PRACTICES
Open Space & Neighborhood Connectivity
VS TOWN CENTER PINEWOOD GARDENS
.1
Virginia NO&aim
a
• ROSEMO' a
-
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q' WINDSOR OAKS WEST '� -+ LYNNHAVEN $
4- _ 34y.„1Aj ._. _hek8(yd ._-
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`• A� LYnnMeen Mall -1.:
t `�, . +_, a Ii t -mot.
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ir
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y0a . _ - KI NGS ARM' LAMP I IGFrr,i
Existing Facilities _--__—_--- 'C C `- THE LAKES r_ iw• Kb
Shared Use Paths i �.' /.e .: ��
Convntronal Bike Lanes iOn Road)
• _ - CQ
Side paths O~
Nature Trails _ 44- ,�J�
Recreational Loop e! a". Cr
.� 4 a ,,tS MAGIC HOLLOW
Proposed Facility Type(Current) S o•.
- Shared Ure Path V'
——— Praected Bike lane O'
——— Bike Lane G
S.depath
GREEN RUI MAPLETON
Active Transportation Plan
Active Transportation Plan-The Active Transportation Plan is"the bikeways&trails component of the comprehensive Master
Transportation plan."
Adopted by Virginia Beach City Council in 2021,the goals of the plan are:
Grow the City of Virginia Beach into a complete transportation
etwork that integrates active transportation into the lifestyles
Connectivity n
of the communities for the enhanced health,safety,and _ •, -.e >., mow, '.
welfare of all users. -,. a ..A.-., .'.'` , •• ' `.I,
ilhasi lialli
Create a safe,attractive experience for walking and ,�
Safety bicycling throughout the City of Virginia Beach by providing . .,j .,tt --
convenient,connected,and equitable development of active - , . -r-- i
transportation facilities. --E7-41--- - r
Create an active transportation network that supports a strong _ Ott is
Economic and thriving local economy by increasing commuting options, „ }: f
enriching recreational and tourism opportunities,promoting -
Vitality .� w " ' `w
public health,and making the City an even more attractive
place to live and work.
Craft strategies and guidelines to prepare our streets for
changing needs and technologies,including ridehailing, ^�use P in Mount Trashmore Park.
Technology micromobility vehicles like electric bicycles and scooters,and
autonomous vehicles.
Support public health benefits by creating an active Photo:Virginia Beach Active Transportation Plan
Health transportation network that values and supports physical
activity for people of all ages and abilities.
Virginia Beach goals for Active Transportation Plan
32 City of Virginia Beach
NEIGHB--RH -D /CO--UNITY LEVEL
Stormwater Management
The stakeholders in the Bow Creek area and focus group members have shown a strong interest in natural looking lakes as a means to handle
stormwater management.The communities have also shown an interest in new technologies and there an opportunity to possibly incorporate
green infrastructure in new forms such as wet playgrounds and stormwater parks.
Benefits of green stormwater infrastructure:
• Decreased maintenance
• Mosquito control can be incorporated
• Improves drainage
• Educates the public
• Enhances social and environmental equity
• Improves Water Quality
• Enhances recreation value
• Improves water quality
Ways to incorporate green infrastructure into stormwater:
• Parking lots(Pixelated Parking illustrated on page 34)
• Playing fields
• Visitor centers
• Walkways and trails
• Wetlands and drainage systems
r4 ' Typ.cal Pond Level One Year Storm Pond_eve' too Year Storm Pond Level
III -4. ' t1 +.`> ir —i- 416411 + -max
Alb
V'
} I I 1
41)
r .: t4ti;� ; ,� 1, st
J . a• st■� s.t
--. Miliii-: A VI'-''',. \ : ' ' '4,s• A , .
Natura Loo ing La es ave been t e pre erre a ternative Historic Fourth Ward Park.Atlanta,GA Photo Credit:HDR
among residents and focus group members for future
stormwater management solutions
4
1, , .;, �i .pp -, /,
- ---"\-*--_,., -11 ....„,........,........••'_":_ . ,W0i, , ,--.. _
, V.,..„....*1. ----•---,..‘,..,... A-..--,.
.-;.*-----a, ,, ' rt.! . - , , ..... , ....:- - .. . ... ,.. ._. ‘7-L.'
F, t 1 1 ,YX.rifeI. ,M1•a
e
2-acre stormwater retention pond used as an amphitheater 2-acre stormwater retention pond at flood level.
when dry. Historic Fourth Ward Park.Atlanta,GA Photo Credit:HDR
Historic Fourth Ward Park.Atlanta,GA Photo Credit:HDR
City of Virginia Beach 33
NEIGHB-RH-- -D /CO_-UNITY LEVEL
Stormwater Management
The Low Impact Development(LID) design manual for urban areas was developed by the University of
Arkansas Community Design Center to facilitate design improvements and practices with regards to
stormwater management throughout all avenues of development and home ownership. The following
examples illustrate both "hard engineering" using such infrastructure as pipes and pumps and "soft
engineering"which the LID favors and utilizes the natural environment and landscape in order to provide
positive impacts on handling stormwater and runoff.
How can we
. 4--....
employ curb `,.
alternatives?
How can we C • How can we
transform the . v inte rate LID
street right-of- g o
4 landscapes.
way -
O v
P i xe l a t e d Parking evapotranspiration
Reduce imper"-.. surfaces by pixelating v
parking surface with LID paving and landscapes Et f.-c..�q� /
A/� .er�ti '--4. ma's�"'a�'�-F
n intrinsically adaptive solution, ideal for retrofits, d„ty� '-�F -
pixel configurations propose localized replacement of >� .r _ - � .v
impervious surfaces with absorbent landscape islands and
pervious paving.Recognizing that the outer 40 percent of *ya.
many commercial parking lots are only used during peak ] ,,, ,
demand twice a year,the lot frontage offers an excellent / `3
public garden without sacrificing parking capacity. The
>_'4� - „eau!. '1r
pixelated parking solution reduces stormwater runoff �" •
through the addition of trees and pervious paving, \ ,J. v
eliminating the need for conventional pipe-and-pond -d tClration "".� • .. •
solutions. `•, V►
ri infitttaticm
Water from impervious drive aisles flows to the pervious �� .'• •
parking stalls,slowing and redistributing runoff.Through 'N.!-� t1ot 1.
curb cuts(see"Curb Alternatives'pp.96-97),or flush : ,ate.provide perforated
nage
curbs,the water is directed to vegetated islands,which .....
i eNRriwa rflow e�ruraff s to du
are connected by a bioswale or underground oversized .5t1OR.` v arge storm events,especially
pipe.Peak flows eventually end in an overflow infiltration '31.poorly-drained soils
basin for groundwater recharge.If space is unavailable for
an infiltration basin or other detention facility,stormwater
can be detained in an underground storage facility for
slow release into the municipal stormwater system. W
- y --- �►�
Slow i," Soak,
Remove curbs and sink tree For 10 to 25-year stonds. the oversized pipes to connect
islands r parking alas to receroe use unoerground st✓age if soils bio_nwales to an infiltration basin
and f,te•stormwater'rorr ona are poorly dared or lard area is a a retention pond.which retain
to ten-year storm events as baited.Underground Detention and infiltrate runoff daring 25
it enters treatment lar sscapes. pp.152-153 and Net L6ult pp to SO-year storm avant
B.:cswaie pp 182-183 156-167 Retention Pond pp.160-t 61
Low Impact Development Fay Jones School Of Architecture LID
- _ .-•
A design manual University Of Arkansas Press
A Collaboration
for urban areas Fayetteville 2010 .h
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
34 City of Virginia Beach
NEIGHBF- RH -D /CO--UNITY LEVEL
Stormwater Management
earth,or rock,
•
Apl
Dry Swale -
A dry swale,or grassed swale,is an open grassed conveyance
charnel that filters.attenuates,and detairm skxmwater nnoff as it
•
moves downstream.
Q amended s°i e.
Q\ a\ ..1{Ner fabric °.,f,
syder\__.._—._3,•4"gavel base !or
.� ' Aaro°sat
..�—._.Pp ease skim eeents
ere preimerie to
e ibaam
Lbred Stun Dep.rw..e d rims,and 4°ar.L'k+egrnwM
Sv.•n.er.Alvrawnan rhrte'A
►LS•.r.co!Ier�Send S'r.&,Nlltied
•
Infiltration Trench
eca,som
Infiltration trenches are laminated systems with fabric-lined
excavations atop a fabric-lined reservoir to increase infiltration. � ! - titer'
=taking dean
H twti'.Tt\�J•'.:4�141.�'! crushed graver ens
L_ci4� uniformly graded
io '.►' .4g :�+4 ' ' a�OgQ,���m�e between
'k•
V w v \ '`*-- —...flher two( °re,'
ay.�..._._3/4'giwsl Dose pw$y
u a
rhderd� dorm dents
Rakrencea
Unikd ies
Lbprhrc Lk+ckmsrt
AFneaofa Ulan Sae aPP Ms=Low Impact Development Fay Jones School Of Architecture
A design manual University Of Arkansas Press
A Collaboration
T
for urban areas Fayetteville 2010
•
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
City of Virginia Beach 35
NEIGHBORHOOD IC __,--..._,-UNITY L. TEL
Stormwater Management
,, ,, -- `j€ !.
Filter Strip :�,a - Y `I - }
14; i, Tar i I .
A filler strip is a sloped medium That attenuates stormwater runoff ' N
by converting it into sheet flow, typically located parallel to an
impervious surface such as a parking lot,driveway,or roadway. 1 T r '."
ti
da.^►3e was._ o
slope.2:1 a less...—_-"
permeable Pals- — W fir.
aid n rm.."
infitratm,but ae 20-100'width
not nocesary
R•ferancar
Low...Act 0e'teiopwww,?eryn Sent Jer.:r Integrate Des,Accra.,
Low hpect Dweiproero Mono'for Af�m
l had Swam Oeparhrnt a/f•6upgrdbt.2.re r a
A4inemb thtan Surat Sris OUP Ain*
r
6
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http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf ti
36 City of Virginia Beach
NEIGHB-RH D /COIIIUNITY LEVEL
Stormwater Management
Riparian Buffer
A rowan buffer a a strip of lybtc sd wilh fac labre vegetation _ tar..210....r
eking the banks of a rumor stream offering riche ecvbne servit>ec. _ - a
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permanent standag water that offer ao fun rty1yee of eauystenr
services to heat pduted skuuraete-. - I{
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A Collaboration
for urban areas Fayetteville 2010 71 q ,R,
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
City of Virginia Beach 37
NEIGHB-'RH -D /CO-2.IUNITYLEVEL
Stormwater Management
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Retention Pond s ```�-
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with minor bologicai treatment. - ,. . .:. 1'4. 3 r l 1 \
4 average*,711 s" 1 t;
Wet ponds tenure pollutants through biological ptakeproc en.and sedimentation. (lamtwnnn,) .j s i• \ :The amount of pdutarte that are removed from sbnnwetr runoff is proportionate -- —{— _—Z
to the begin of time runoff remain;it the pond.as wed as the relation of natal b —• ———- L \ -�"y
retention pond volume Since retention ponds must marten a permanent pool,they t
cannot be constructed n areas watt insufficient preciptaton or highly pamroede \ ` —m•rpmv
stile,unless the sad s cor a...dad a overlain with day Generally`continual drainage • t 'w'
Wrists ere required Sr member)permanent pod keels. r, \ elope,3:t or less
+. N .emergent pants
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nt stagnet
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balanced aarotic environment a a necessary conoitior for agate life and pest ._.._._.__....__raiment storage
control.Regular maintenance nspectivs are needed to ensure proper daerga, volume
anob='unctionhg and aeration,and vegetative health.Trash,dsba,and R i,.,it
we need to be removed periodceky. nose...
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intercept storrnwater runoff for temporary impoundment and metered e„ y
cischarge to a conveyance system or a receiving waterbody. .
dderge
Detention pond are wgned to competely evacuate water from storm mints,usually within 24 hours.T ey primarily provide runoff volume control reducing
peak taws that reuse downstream scouring and loss o'aquatic habitat.As a { -- --_-..
general rule,detention ponds should be mplemerried for damage areas greater - --• -i..--.. _ -l ;—_
than 10 acres.On some,sites it may oe dfficut to provide control since outlet -- _ - •
deter specifications nr needed to control arnal storm events are small aid thus
mrnm
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at larger scales \ grog
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periodic sedrnent,debris,and pollutant removal.Detention ponds do not D./Tie _..._ ...__..._.....__.._._�_�... �.....� rps,p for fwu
irrfilsatcn and are therefore best,reed wtrvn a network that panties biological ibry aeon
treatment.
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http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf ,age -
38 City of Virginia Beach
NEIGHBORHOw D /C -UNITY LEVEL
Stormwater Management
Infiltration Basin
yeti mese plan,
Infiltration basins,or wet meadows,are shallow impound areas with - m
highly permeable sods designed to temporarily detain and infiltrate i .4 _ pema•b�•s�i•w1F
stormwater runoff.They do not retain a permanent pod of water. if ^ritrs6on
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entrance into a conveyance system. —
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A design manual University Of Arkansas Press
A Collaboration
for urban areas Fayetteville 2010 ,i- ,-
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf . ` ,
City of Virginia Beach 39
NEIGHB--RH -D /CO UNITY LEVEL
Stormwater Management
Aki pit4.
Tree Box Filter --� i
A tree box titer or in ground Wel cones-is of a container tied.% ` �s '
amended soil and panted with a tree,underlain by crushed gam!
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40 City of Virginia Beach
NEIGHB- RH - D /COL--UNITYLEVEL
Stormwater Management
Underground Sand Filter
An underground sand filter is a three chambered system that
preheats.filters.and temporarily stores the first flush of stornavolars4
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A Collaboration
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http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
City of Virginia Beach 41
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THE CITY OF VIRGINIA BEACH
Virginia Beach Commercial Area Pattern Book
2023
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D City of Virqinio Beach
TABLE OF CONTENTS
SECTION 1
INTRODUCTION 2
Purpose of the Pattern Book 2
Goals and Objectives 2
Community Engagement Overview 4
SECTION 2
GENERAL PRINCIPLES 8
Commercial Area Existing Conditions 8
General Redevelopment Phasing+Strategies 10
Commercial Area Redevelopment Principles 12
Commercial Area Redevelopment Phasing 14
SECTION 3
CHARACTER AREAS 16
Character Area Location Map 18
Commercial Areas&Connecting Corridors 20
COASTAL AREA 24
Shore Drive Corridor Study Area 28
INLAND AREA 32
Pembroke SGA to Rosemont SGA Study Area 36
Holland Rd to Independence Blvd Study Area 44
Holland Rd&Windsor Oaks Blvd Study Area 50
AICUZ AREA 56
Holland Rd&Rosemont Rd Study Area 60
Holland Rd&Lynnhaven Pkwy Study Area 66
Lynn haven Mall Area Study Area 72
Hilltop SGA to Resort Area SGA Study Area 78
SECTION 4
STORMWATER MANAGEMENT 84
Low Impact Development(LID) Design Manual 84
City of Virginia Beach 1
Section 1
Purpose of the Pattern Book
The City of Virginia Beach Department of Planning&Community Development retained Work Program
Architects (WPA) to assist with this project.This research is focused on the primary study area of Bow Creek
as a prototypical case study to develop guidelines to assist with the compatibility between commercial
redevelopment and existing residential communities. Bow Creek was selected as the primary study area
because development patterns and flooding issues in the area are similar to many communities throughout
the Suburban areas of Virginia Beach. Because of these similar development patterns,these guidelines can be
followed and tailored to commercial areas across the Suburban and Suburban-commercial transition areas
mapped on page 3.
This pattern book provides a step-by-step visualization for redevelopment of existing commercial sites that
is compatible with adjacent neighborhoods and stated community goals.Additionally,this document also
provides typical illustrations for improving stormwater management as well as pedestrian connectivity and
accessibility between commercial and residential areas.
Who is this Pattern Book For?
This pattern book is intended to be used as a conversation-starter between communities, developers,
and Planning Staff in the early stages of the development/redevelopment process. It has been created by
incorporating information from public input events and stakeholder groups in the study area communities,
allowing developers to have a better understanding of what the neighborhoods and communities are looking
for in order to make the overall development process more predictable. The Pattern Book should be used by
property owners and developers,citizens and citizen groups, Design Review Committees, Planning Commission,
City Council, and City Staff when planning or reviewing proposed developments within the primary study areas
in this book, as well as other Suburban Areas in Virginia Beach.
Goals and Objectives:
Quality of Life
• New development that supports high-quality and diverse lifestyles
• Create new opportunities to live,work,and play in every citizen's neighborhood of choice
• Improve multimodal connectivity between residential and commercial areas
Community Resiliency
• Provide strategies and techniques to help adapt to changing the environment
• Support environmentally sustainable design and development
• Improve the overall health,safety,and welfare of the community
2 City of Virginia Beach
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City of Virginia Beach 3
COMMUNITY ENGAGEMENT OVERVIEW
To begin this process,the team first needed to meet .4146*
with those most affected by the pattern book in order to . _-
understand their vision for the transformation of nearby ®� ; '� rt.# , I it,
commercial areas for the future. It was important to talk with '�
users of every level which include:
• Property owners
• Residents
• Business owners
• City of Virginia Beach staff in various departments, Open House meeting with City of Virginia Beach staff to review focus
group results and pattern bookitoolkit concepts
including those working on the new Bow Creek Resilience
Park project
To address each of these groups, a multi-day, multi-part engagement process was developed:
City of Virginia Beach Department of Planning staff presented the goals and objectives of the project, introduced
the WPA team as consultants and explained their roles, and indicated an outline of the scope and timeline for
completing this effort.This information was presented at Princess Anne and Thalia Civic League meetings,
as briefings to the Virginia Beach Vision group and Bayfront Advisory Commission, and in presentations by
staff to the Housing Advisory Committee, the Bicycle/Trails Advisory Committee, and Virginia Beach Planning
Commission.
Following the introductory presentations, a hybrid public meeting was held at the Meyera E. Oberndorf Central
Library to start the project, present the pattern book concept to the public,seek feedback from citizens, and
answer questions from the public.At the meeting, surveys were distributed to attendees along with links to
online surveys with the same questions. The results of these surveys were tallied and incorporated into the work
done with focus groups.
Following the public meeting, two focus groups were established;one to address residential resilience and
resident interests in commercial sites int he Bow Creek focus area, and the other to represent the interests of the
business community and broader residential interests. Input from these focus group sessions forms the basis for
the recommendations provided on the next page.
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4 City of Virginia Beach
INTRODUCTION
Community Engagement Summary
Public Information Meeting-February 23,2022
The first formal public information meeting was held the evening of Wednesday, February 23rd at the Meyera E.
Oberndorf Central Library and was an opportunity for City Staff and the WPA team to brief members of the public
about the scope of the project, previous experience in drafting similar guidelines and pattern books. Members of
the community were encouraged and instructed how to join upcoming focus group meetings in order to gather
further valuable information from the residents and business owners.
A short Q&A session was held, primarily clarifying the scope and purpose of the project as well as addressing
immediate concerns and inaccurate information about the details of the project which had been spread
through social media posts. Participants both online and in person were given the opportunity to provide
feedback in the form of a survey with questions posed during the presentation as well as volunteer to be
members of the future focus groups.
Focus Group#1 Meeting- Bow Creek Area Resiliency Toolkit- March 24,2022
Several members of the Bow Creek residential community, business owners, planning commission members,
staff from the City of Virginia Beach and members of the WPA project team met as a group at the Virginia
Beach Planning and Community Development office building on the evening of Thursday March 24th. During
a presentation from the team explaining the project,the seven focus group members and two planning
commissioners participated in an open dialogue focusing on existing conditions within the primary study area
in Bow Creek, key aspects of how the group viewed connections to the surrounding commercial areas and
future development within them.The group also discussed different types of resiliency and steps that can be
taken to mitigate flooding.
Focus Group#2 Meeting-Suburban/Commercial Area Pattern Book- March 31,2022
Civic league members, Planning Commission members, members of the business community,along with staff
from the City of Virginia Beach met with the WPA team on the evening of Thursday March 31st as the second
focus group assembled for this project. The primary focus of this group was the Suburban and Commercial
areas and developing a pattern book for future development and growth in these areas. During a short
presentation and open discussion,the WPA team explained how aspects of previous pattern books were
developed and implemented in other areas similar to the ones being focused on for this project.The four focus
group members, including business and property owners,and two Planning Commissioners participated in a
dialogue and Q&A for just over an hour talking about their experiences and visions for these areas as well as
what they'd like to see in the updated guidelines.
Combined Focus Group Meeting to Discuss Pattern Book/Toolkit Concepts-June 22,2022
Focus Group#1 and #2 invitees, along with staff from the City of Virginia Beach, met with the WPA team
on Wednesday evening,June 22nd. The primary focus of this group was the Suburban and Commercial
areas.The group developed a set of concepts for design based on the overlap of values shared between the
residential community and the commercial development industry.
Pattern Book/Toolkit Concepts Open House Meeting-VB Staff Internal Review Meeting-June 28,2022
Staff from the City of Virginia Beach met with the WPA team on Tuesday morning,June 28th to review pattern
book and resilience toolkit concepts prior to the scheduled public meeting open house later in the week. This
was intended to educate staff on the current progress of the projects and get initial feedback in regards to their
individual areas of expertise from multiple departments. This input was gathered in the same open house
format to allow flexibility of scheduling during the work day and comments/markups among participants on
exhibits and discussion with team members. These comments and information was then incorporated into
several changes and modifications of exhibits for the public meeting open house.
City of Virginia Beach 5
INTR -DUCT! N
Community Engagement Summary Cont.
Pattern Book/Toolkit Concepts Open House Review- Public Meeting-June 30,2022
This meeting was advertised using multiple resources and open to all members of the public to meet with the
WPA Team on Thursday evening,June 30th in an open house format to allow for flexibility.The primary focus
was to review the set of concepts developed in the first three meetings and further refine them.WPA provided
visual samples of how a shopping center may be redeveloped based on the set of concepts shared in the
previous meetings and held open discussions with participants in a further effort to father input and opinions
on both the commercial area pattern book as well as the resilience toolkit concepts.
Summary
This document is a summary of the findings from these sessions and will be used to guide the team towards
developing the project deliverables. Please note that this record is a compilation of the notes taken during
the public meetings and is intended to serve solely as such. Statements were recorded and will be reported as
they were made;the accuracy of statements made has not been verified by the project team.
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PRIMARY STUDY AREA- BOW CREEK AND SURROUNDING COMMERCIAL AREAS
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' - , -..2, ,, !_f, .,,,=., - .. -. ' A — )AY ' '. -,' k. - -a iilk - : , . ., . • '. - - ,,
Ai,
44
' _ , . -— SPL le k - , i ri
:,.. ,,,,, -
LEGEND . 41. + " "�. E,,,
�T"., ��-
- Commercial Buildings %VS
' ... 'w %�/
a
�`,s .e,��� '' '�,A' tee:_. .f�M'0"�� 1� ) ...if �
i � •,-. it is • _4.� # -.„ -A r. ,V'`t. r a 4. 't$. -„r`.. *..
Parking Lots + .".'a�,j,`j 1 � ''"L `.1 ' $b�! ' � ti',' �`�
,.... .4 :$1 t'X t-A.a, .4 "- +,, -sue. �r -• - y�{. ='
The map above illustrates the Bow Creek Neighborhood and commercial areas surrounding it.This pattern
book aims to address several issues within these areas including pedestrian connections to and from these
commercial areas as well as open space and stormwater management.This project was partially funded
by a federal grant to study this primary area of Bow Creek and possible identify possible improvements to
stormwater management practices as well as creating a toolkit for residents, business owners and developers to
help provide flood mitigation strategies for commercial areas and surrounding neighborhood communities that
can be applied throughout the city of Virginia Beach.
City of Virginia Beach 7
Section 2 - General Principles
Commercial Area Typical Existing Conditions
Big Box or Strip Shopping Center with Outparcel Development and Surface Parking
The existing commercial site conditions are based on observation by the study team as well as input from
the public and focus group members. Full notes can be found on pages 5 and 6 of this document.
/ T -,' la
,i, - --/I ' ,'/--'i----, —_,_ ,
///// /7 / ,7 ._ 1
�`--- -------...-,_:� ;_� `�
i /
,7
�C` ,,Yi------------------„,.2,_:_=.___!____(174. , , 77 ---- ..--1._/
U / 4--/I
-ter , IF 11111111111
,---„_______ --,:___,_____ ft., _ ..
_= ;�` -"-- tom-._ -i
Ili
__`
1. Primary Street with small scale retail frontage. Individual,segmented ingress/egress
2. Big box commercial or strip retail building
3. Surface parking lot with impervious pavement
4. Single family development turned away and with limited/no direct access to commercial areas
5. Out Parcel Buildings
Existing commercial properties in the study area are As brick and mortar retail continues to evolve,
primarily suburban-style strip shopping centers with sites like this are likely to be redeveloped in the
a large structure towards the rear of the site,farthest future.These guidelines aim to produce a site that
from the primary street,with paved surface parking is complementary to adjacent existing residential
between the structure and the street. Some sites development and provides needed and desired
contain outparcel developments,typically 1,500 SF to services and places to the residents who are already
5,000 SF standalone buildings that occasionally have close to the new development,which is key to creating
drive-through service lanes.The illustration above resilient,sustainable, and connected communities.
represents a generic version of the typical commercial
site that can found in the Suburban Area. Some of the
study sites also have office uses which contain multi-
story office buildings with surface parking lots around
the building.
8 City of Virginia Beach
1. . - _
,.'"3 ,l
`• : i
e i y i
�i. Gi , l� _ r. iltl - �<
yr.- .- ..1 .•� '.h - ,<.. - ,.. '- `-'.:-
a r d pia'g Y `Y ,,
Most existing commercial properties are separated Most older developments feature expansive surface
from adjacent residential development by a fence and parking lots that were constructed as continuous
buffer strip.These properties were typically developed paved surfaces. Newer developments have required
with the primary structures as far to the rear of the tree islands periodically located throughout the
site as possible with back-of-house functions such parking lots to provide shade and slow down
as loading and garbage collection taking place in the stormwater runoff.These parking lots, in both cases,
narrow space remaining between the building and have been typically designed for access by automobile
the properties behind. Fences serve the dual purpose only and lack the necessary pedestrian infrastructure
of screening the commercial areas from residential such as sidewalks and bike racks to make them
streets and provide some security to the commercial accessible to nearby residents who may want to walk
area, but they also often obstruct pedestrian access or ride a bicycle to the development.
from adjacent neighborhoods. It is common in the
Bow Creek area for pedestrian routes to be a half mile
or longer to walk from a house adjacent to a shopping
center to bypass fencing.
> ` ,-
T - `w AllirSIIP
- , —. i
wrtirta.�. %_
_o_- /- - _ _ __ _ _ - s ass UP. ..fir �- a � -
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.-- ..- ...."........'"-.- i t 1 \‘41
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'JAMS Ar ' _ _. _
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00111:araji : - -_ - _ - r _ i _ 1
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imappar-kithir-4*
f e i a.i_l .,_ -401Pa.rr apitswarm a to"go to
City of Virginia Beach 9
General Redevelopment The following are general steps for developing a plan for
Phasing + Strategies redevelopment of commercial sites
Develop an Overall Vision
•` - r=a `t 4 -L ra'.i a-•s�-i i-t:t t-f 'i_..-4 rat t
a ► a t 'a 's C tt •a
The developer should coordinate the i* 1 a` �� : '
with as many neighboring properties and fa ` r r $ : •:r r_
neighborhood groups as possible `� ` * • t .•a
•i # $ $i $ $ $ i t 4 i t**'
,r-ass-,r: s-.�h-sp: ---.
Use the guiding principles in this document \vim _ ` '
as they have been vetted by the communitiest =
impacted by development in the study areas
Include architects,civil engineers,and City
staff in the visioning process Example concept vision for redeveloped site
Start Underground
Understand and develop the vision around the
soils on the site
Low lying areas of the site or those near
waterways may have soils that are difficult to
construct taller buildings on
.7. Understand and develop the vision around natural
site drainage and historic waterways
Water will tend to move along historic ®° ;_ - '1
waterways,even underground,so design to use leis
this to your advantage
Include architects,civil engineers,and City staff in
the visioning process
Develop around future Storm Water Needs C'
• i � ��i
When designing fora phased development, f
understand the storm water needs of the j " a
Ito 4
completed development vision to be sure area is , Lio
available for storm water treatment when needed
1I
--- Storm water treatment areas set aside during
phased development
10 City of Virginia Beach
General Redevelopment
Phasing + Strategies
I I
I I
I I
I I
I I
Divide the Site �
rc-, ' -,
1 1
i. A key principle in better integrating 1 : 1 ---- -
a development with the adjacent sti 1
1
neighborhood is to create a human-scaled _ I
place 1
I
r , o
2 240 feet(240') is a good distance to start with C'T" - -I— — - ----1---`— N
when dividing a site into"blocks."This is Ti- r ;---I-
r- ----
because: I
I , O
This dimension works well with typical , 4 1 -IC 4t i N
property depths, building dimensions, 1 ` - =T-=— _r---- ----r—_ —r-4-----
parking lot and garage dimensions,and o
makes for walkable places when pedestrian 1 , - j N
paths generally align with the module = __ a -1 , -�i
Buildings and blocks should generally I I-
not exceed 600 feet in length if they are to be ; ; -Jr
places where people are comfortable walking
I
240' 240' i 240' i 240' i 240'
240' module overlayed on site to illustrate how conceptual"blocks"
can be developed
Make it a comfortable place to .
shop or work
Visitors and workers should feel
comfortable walking to different businesses
without feeling that it is always necessary "' ., z _ _ _ _ _
to drive to reach another destination on the < •
site. � - > r
' :i` , > `` =d
1. Provide comfortable walking paths lined with ,i, r`• / .
trees for shade '� -
i -
2. Align walkingpaths along buildings as much e _ '
as possible rather than out in the middle of an _, . _ /
open space unit ;trirmimuunrmsL a " • A
i ( "� t owuuut!
• People tend to feel most comfortable e * `` / / ;-- 3'_ ..__�__
/
along the edges of an open area = -==
A network of pedestrian paths connect the buildings and businesses
together within the site,and to the perimeter
City of Virginia Beach 11
Commercial Area Redeye.- pment Principw s
_
,, �•, i s o �,� ---7/ ----'-':' -,447,..---7,-:401i ,,..___.--i. ,-
, ,--= _,......=-•,A.::„.... .„,..r __.,.._ _. _ :. _
,iii4
, __________
______ ,
....„...___„,..,__,.:.., __ i ._,..., ..,.. . ..._. , : L.__
..„/,... _._.. ,.. , „, ...,._,,,,,„,/_ .... ...„.,. i_ —if • :--_—_, r- -I ll
/ ir'.44,-"' ,41V-45.-/ 144-' '"rzl- ".-2 - a t illft1417118 . '-,4 t-A5,
� !, t t_ - a - '_• .a` . * tt « .--
n ti
`�``�'�'�---\ \\. l¢ b // ;i T Az , _ � -� tea;
\� --tea.. `
1, Parking areas shaded with tree planting and built with underground storage for runoff collection
2. New stormwater systems developed as amenity spaces-- Pump track,skate park, playground,walking paths,
etc.
3. New multi-use path connects new residential with stormwater amenities and commercial uses
4. Outparcels redeveloped with facades on the primary street calm traffic and create a face to the development
to prepare it for future uses
5 Layered building scales at rear of development buffers existing residential from new uses; Increasing scale
from one-story at rear to multi-story buildings at the street creates tiers of screening
6, Medium scale mixed-use buildings near primary streets with first floor parking under the building make
effective use of available space
°O;t' -..tr-------;.
• ��� 1 yam'n' ."1eiPfJ :-1 I-A>-- - \ i',i�;.N 1►�i INS. 1, --i-_.---e. - , --,,4„,„-- r.
- - -.
rx
rt
/ ` 02 ,�_ k_ IA _ III
12 City of Virginia Beach
ifttiriftikrn
j --- _
El :1; ;1 F _________ NI
New Two-Story to Five-Story New Two-Story to Three-Story New One-Story to Two-Story Existing Single Family Residential
Buildings screened from existing Buildings Buildings
residential
Layered building scales help to screen existing residential from larger scale buildings in the new development
The following are general principles for redevelopment of commercial sites that came out of the focus group
process.
Modify parking areas to add trees and Layer buildings of increasing scale from the
underground water storage: ideally working towards rear or edges of the site towards the street:The
the Pixelated Parking model from the Low Impact lowest scale buildings closest to the perimeter of
Development Manual(see on page 82). Trees provide the site should be close to the height of the adjacent
shade for customer and employee vehicles, pedestrian residential development.Another row of buildings
paths, and building facades reducing energy a story or two taller set in towards the interior of
consumption and heat island effects.They also retain the site blocks views from the existing residential to
stormwater naturally, both in their root systems and larger scale buildings beyond. The largest buildings
on their leaf surfaces,slowing the rate at which storm should be at the street edge or the interior of the
systems are filled with runoff. Underground storage site where they are best screened from view of the
detains runoff before slowly releasing it to the filtration adjacent residential. Building orientation and balcony
area prior to entering the City stormwater system. placement of these largest buildings should be
carefully considered to maintain privacy.
Outdoor Amenities: Larger stormwater systems that
will need to be constructed to satisfy requirements of Parking should be located within building
redevelopment regulations should be designed as or footprints:whenever possible to maximize use of the
part of outdoor amenities that attract residents and site and reduce stormwater runoff and pollution.
customers. In cases,these amenities may become
a portion of the business model themselves with
elements such as skate parks and pump tracks, Connect Adjacent Development: Create connections
amphitheaters, and playgrounds able to produce to the primary ystreet with any nearby residential and
revenue whenever they are not inundated with include comfortable shaded walking paths that pass
stormwater. through the stormwater amenities.
Outparcels should be developed to become the
face of the development and the neighborhood:
The end result of this redevelopment is more
like an extension of the neighborhood out to the
primary street than a completely separate zone. The
outparcels (or street frontage if all the same property)
create this new neighborhood address with facades
that define a strong street edge. In a multi-phase
transformation,this can become a first step to create
the room necessary at the interior of the site for the
other improvements.
City of Virginia Beach 13
Commercial Area Redevelopment Phasing
The following are a possible phasing strategy for redevelopment of a
commercial site.These general concepts can be applied to sites of all scales.
Existing Condition "= ,-i Et
,�
R - R I .
Start with what currently exists: Identify
any existing buildings that may be usable in
the new development, or reused on a short
--- I
term basis to maintain a productive site. If i
G -
none,then start planning around a completely I I '
I Ot
reconfig ured site. Before planningto reuse an 1 t ' 1
,I Iexisting gbuildin P Y articularl for a new use, hire
a design professional to research whether or _
not the building can be modified to meet the - _-I 9- ' ?d- 1 _
requirements of current buildingcodes for the
i
uses in mind. Many commercial retail buildings - -- - , ir
were purpose built and are very difficult to
adapt to new uses. I 1'
Phase One 4 f.�1 R -i L [� R 17-1 - , a '.
i,
Storm Water Amenity area and Outparcel 1
11
redevelopment: In this example, a storm water
amenity area is developed as a floodable pump .
track-type amenity with some permanent water - - _;
retention areas.This is to provide storm water [ ('
treatment for the redevelopment of some of
the outparcel sites.The portions of the site _v . �}
closest to the primary street are developed with F , ,
buildings that establish an identity for the new c c a I ` ' -
;, J j7iinlT�tni�lin�rRn11;(.]"� y ur''I��J`-r-"—";
development.They should be architecturally -
I
welcoming to the public, and provide active
frontages that indicate the types of activities to -- _ r =
be found in the new development.
Phase Two ow
Additional outparcel redevelopment: —
Completion of the primary street frontage -
puts a new face on the development.These
buildings can continue to drive customers
to the development site while the rest of the 11
phases are implemented.
1
I_ _ , ,, __. �
u e -_ ..
�r
- -I - ,,m,,, f �„ttirn rflnl! TflimrntRutf ii I fl I I m �kinitu owu wwtv4tiuI"U' t I I i
� WUWW1µuu l� — —� 1
14 City of Virginia Beach
Phase Three u`
I F f�� � �
1
}
Partial strip center redevelopment and
buffer building construction: Small-scale -i --t-
buildings at the edges of the site that abut �'_. ��;_r Ln
existing residential properties are developed _- _ -' ;� �r
to screen large buildings closer to the primary l f 1�;;
streets from view from the existing residential l t
properties.A portion of the strip center is ' '
demolished or reconfigured to accommodate • 11== =3 ... 4 ____, a
the new businesses. �tmm�mnm hi QRR1TIIff}i7
�. 1 ---1 Irk,, - -_ j
[ I
4 T
4
Phase Three _._____�_.__________
Continued strip center redevelopment and 9
buffer building construction: Continue the =i " =i-=iilw - - , E
pattern of constructing buffer buildings at the
edges of the site,then large scale buildingsla•IErr= �:p= ''''� INSONNIIIN � g }
towards the primary streets. ! = f =MI —;I
—Ils
I:_
L7II! ' L
I I
mminlmi
, L
Phase Three °'
Construct larger-scale buildings: Once the
buffer is complete, larger-scale buildings - `_ —I =-1 •— LL=i .. _— ==
are constructed where they do not intrude - -
on the privacy of the adjacent residential '71. -_ ` =
developments. IjJ1 . 3
II411NMIIHHlltl1 i" '�'T IHI 1 1 I $
al, 1r 1-- __1_ dT._ 4r, s I I 1 3
fi,-: ..__ tif edp 1 1 ,... ai -IsMaarr
li.---
4 wirWillWallfr''''''-''---.'1 n....7.___ .1_ 1 -.1-Milli-Ull _
City of Virginia Beach 15
Section 3 - Character Areas
The following Character Areas were created as part of this pattern book to group and classify similar areas
of development in the city. Each of these areas incorporates development with similar characteristics and
styles among other similarities. The study areas indicated on pages 14-18 were analyzed to help create
these three character areas. They do not have a defined edge and should be utilized as a guiding factor in
commercial redevelopment opportunities.
COASTAL CHARACTER AREA
• Somewhat isolated from other commercial developments
• Typically small to medium scale
• Fewer commercial options
• More multi family and multi story residential nearby
• Subject to design guidelines and coastal environmental conditions such
as wind, driven rain, blowing sand, airborne salt, etc.
• Stronger pedestrian connections
INLAND CHARACTER AREA
• Significant supply of commercial options
• Stronger vehicular connections, limited pedestrian connections
• Greater proportion of large scale developments
• Mostly adjacent to one to two story single family residential;some
adjacent to multi story multi family residential
AICUZ CHARACTER AREA
• Majority of developments closely resemble the "Inland Character Area"
• Significant supply of commercial options
• Stronger vehicular connections, limited pedestrian connections
• Greater proportion of large scale developments
• Majority of properties are in Accident Potential Zone 2 (APZ2);some are in
Noise Contour zones only, limiting residential density.
16 City of Virginia Beach
Site Scale Designation
The following site scales were created for each Character Area. These were derived from taking the
approximate parcel depth for each specific location as part of this study.
COASTAL CHARACTER AREA
Small (-300' Lot Depth) Medium (-600 Lot Depth)
- ,- —- ,- ;I..„.t--np En„N. .
`fir +L.`•"' itie ,: +t, `;- 'f
f
Avit
,6 6L p. , tt. ,-4, . -I- 41,..- i-‘,. , , _., ,,_-_ ;-, ,.._.., _., _. _ . , „.,*,,,
. . _ _
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1 n.
: je 4111111.11 itilljNOkill_ , , , , .
INLAND CHARACTER AREA
Small (-300' Lot Depth) Medium (-600 Lot Depth) Large (-900'+ Lot Depth)
, w ,i . -._ 4,4*.t)o -t •-7p iite ..!.. ,. ,,-;a 1.;4'apc,;�. ta�' -, • t.i. ,v-_ 1 ate:.*- 7
v
' s...-�. Y__ 5 a }yam: _ � _L 4 - •
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... ...... 1,......., _ .:
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{ tillgiiikikaia �' max_. a _. _
SOISIONM1141
'
AICUZ CHARACTER AREA
Small (-300' Lot Depth) Medium (-600 Lot Depth) Large (-900'+ Lot Depth)
_ s_ 4...4.,n r i" � / s
< _ •-^ • . • - - .`orb .t` L N ` .
, - : Se . - '''')
« f i
11
t _ _ .>
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- e
w 77 .
igei -J% ' '' * ,Tikk.. '1 tl'.1.. 117'''"Alt.
City of Virginia Beach 17
Character Area Location Map
..._._:_,.,_, ,,_. _ ..„..- ,.•_.:.,
.__
'. —/.- 4".-.„•\.,....-,„,.---
,..-4.1'-•.,•2.'`-.-4.%-...4.,,,.-;.t,„:,',x•,---.,---_'1'„-49-.„.—._-1 7'-N'P/'0•1_O.,,•-.---:9"-..-._5,,. -.A7,k-I L---IKI-'','--/'•.,-.—_-.,t-.i,.-'-1-..,i-1'.-A..1.1-*-.-.'_-1(k 1.,1'&_..--7Ki-i_i,m#rE-m..3,,-
it.v$C
Coastal Character Area : 4,.0.1/pi-0., "o t s"
I Un'.0
....1..-a-,1-i„-,-..1.-.',.:.,!.:.:..4„--,•7;`-7,•",4t.:1,-7.I-4.0.I.-1,**_1„t'i 1'-''-.--_,,IT—J.i-.t.,-V,.4.4.
i0 ? -Inland Character Area — ,.< , -- _/
'.o--,.•.
r.:
- ''''' ' •\ > - ,• * \ / (-'‘-)-11 C-,-7--f '
--.....a."*•7' 1'I -\- `',.._ ' '-- ''C''' • ---•.' ,C,c, 1, ' 'T•
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AICUZ Character Area .. ,..-4.,% ,.. r-s.
-- ' /. ,
,._
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18 City of Virginia Beach
This maps illustrates the locations of each commercial area and connecting corridor included in this study and the
Character Areas associated with them within the City of Virginia Beach
7
f,
n,.. _
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- • ___, .._ , -, 4- . N
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City of Virginia Beach 19
Commercial Areas & Connecting Corridors
These maps illustrate the locations of each commercial area and connecting corridor included in this study
and the Character Areas associated with them within the City of Virginia Beach
Shore Drive
(East, N Great Neck Rd)
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Commercial Area between R°Fe<, °�'�
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Coastal Character Area
Inland Character Area
0 AICUZ Character Area
20 CitvofVirainia Beach
Commercial Areas & Connecting Corridors
Holland Road to S Ais.
Independence Boulevard et'vk
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, moo,
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Coastal Character Area
Inland Character Area $,
e
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� AICUZ Character Area .
City of Virginia Beach 21
Commercial Areas & Connecting Corridors
_,,--, - - -‘,
Holland Road and Lynnhaven �tis�°0� � G %. ., .
S� 4Parkway �
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Commercial Areas between '4,
Hilltop and Resort SGA
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Coastal Character Area 4, ,,
Inland Character Area %, ti. 1 *
:C"Eg1R000 D 0AICUZ Character Area � �
22 City of Virginia Beach
Commercial Areas & Connecting Corridors
1. Shore Drive (East, N Great Neck Road): This oceanfront shopping center benefits from tourists
visiting the beaches as well as a year-round residential neighborhood of single family homes, multi-
family apartments and condos, as well as a senior-living facility. There has recently been a public trail
developed along the edge of this commercial area, which may benefit future development.
2. Commercial Area between Pembroke SGA and Rosemont SGA: This central area in Virginia Beach
is part of a residential community with a local elementary school, high school, and library. The
commercial area is between two highway exits and currently experiences a consistent amount of
vehicular traffic. There are infrastructure improvements planned in the area such as public trails and
kayak launches
3. Holland Road to S Independence Boulevard: This central commercial area is directly next to Mt.
Trashmore Park which attracts visitors from around the region. There is a well established residential
community of apartment buildings,town homes, and single family homes nearby. The existing
businesses currently only have vehicular access, so there is often congestion as people travel from one
business to another.
4. Holland Road and Windsor Oaks Boulevard: This commercial area has seen recent success and new
investment in shopping centers and apartment complexes nearby. Commercial development and
adjacent residences are disconnected from the commercial developments and must be accessed by
car.As this area continues to grow, commercial areas will need to provide alternative means of access,
reducing commute times to an appropriate amount.
5. Holland Road and S Rosemont Road: This commercial area is an attractive setting for businesses, as
it is surrounded by residential areas. There are successful parks nearby, but not within the commercial
areas. New commercial development may benefit from offering residential-friendly amenities to serve
the surrounding market.
6. Holland Road and Lynnhaven Parkway: This commercial area is close to Oceana Naval facility and
development must be done in accordance to the Department of Defense's (DoD) Air Installations
Compatible Use Zones(AICUZ) discretionary program designed to promote development compatible
with military flight operations. The commercial area is at the intersection of two major thoroughfares
and partially bordered by London Bridge Creek. New development should offer connections to
adjacent development to limit the congestion on the public roads.
7. Lynnhaven Mall Area: This area takes its name and heritage from the Lynnhaven River system that
has a major presence here. The entire area is heavily impacted by AICUZ restrictions associated with
flight patterns at NAS Oceana. This gateway to the Great Neck peninsula exhibits a large number of
nonconforming signs, overhead utilities, roadway access points, and varied building and site designs
8. Commercial Areas between Hilltop SGA and Resort SGA: This area is located close to a successful
oceanfront resort community and another successful retail center. The commercial study area is
immediately adjacent to a golf&yacht club community that is experiencing traffic congestion as a
result of the communities success. The City's Active Transportation Plan proposes to create a network
of interconnected trails and paths to offer alternative modes of transportation to the commercial area.
City of Virginia Beach 23
COASTAL
OVERVIEW
The Coastal Character Area is defined by proximity to the coastline,typically being located within one to two
streets from the water. These developments should be designed in coastal architectural styles to complement
the surrounding context. These areas are frequently more isolated than the Inland areas and provide more
neighborhood-scale commodity commercial than many of the Inland properties. However,there tends to be
fewer commercial options available to those in the Coastal areas. Coastal Character Areas are typically more
walkable in their existing form than other parts of the City due to higher numbers of tourists and residents
who value living in a smaller beachfront community. These areas also tend to have more existing multi-story
residential already in place. Development sites tend to be smaller in the Coastal areas,with Small to Medium
sites being most prevalent, and site widths falling into the 250 foot to 500 foot range. Given their increased
exposure to environmental conditions such as wind and driven rain from storms, and that design guidelines
exist for the Shore Drive Corridor, Coastal sites tend to have a more discernible architectural identity than other
areas in Virginia Beach.
KEY ELEMENTS
Commercial developments in the Coastal Character Area are typically located along major roads running
parallel to the coastline. The commercial parcels in the Coastal Character Area are smaller than others
presented in this pattern book and it's quite common to see two to four separate commercial parcels on one
block in the Coastal area. The commercial parcels along the main road frequently serve both single-family
and multi-family neighborhoods.
The Coastal Area is closest to the Bayfront and Resort Area, which attract tourists and visitors year-round.
This influx of visitors causes a strain on parking lots here. Consideration should be given to improving
pedestrian connections and on-street parking options off of Shore Drive where it is practicable and feasible.
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24 City of Virginia Beach
COASTAL
NEIGHBORHOOD COMPATIBILITY
STREETSCAPE IMPROVEMENTS
Multi-Use Paths should be built
to connect commercial areas to ` ' • -► ►1 ,-- ' - 4�Ii ..
the residential neighborhoods --st ' - ��� - �� ;% .'�=
around them. j r .!irt; '-fit
•The sidewalks and multi-use _ 1 !` T �- # *. r
path on Shore Drive and the ..- ems, , c i!' 'apt-Li' ,;, ` ' _ f `
Cape Henry Trail should see .--
• A3. t.s J.
•
increased usage in the near 4 - { `k'
future and should incorporate
site furnishing improvements, :fit _ :art-- s
such as: .-_ - ,.� ;:.
- Pedestrian-scale lighting EXISTING PROPOSED
- Benches
-Trash receptacles
PEDESTRIAN CONNECTIONS
Shopping centers and retail establishments should offer attractive and inviting pedestrian scale features,
spaces, and amenities. These features and community spaces shall connect to internal or public walkways and,
if present, to the bikeway network, and shall be constructed of materials of at least equal quality to that of the
principal materials of the building and landscape.
Pedestrian walkways should I `- _ t _'"
provide access o the
fr m h streetOitta ---
side sidewalk and the parking
area to the primary building so
pedestrians are afforded the
shortest possible walk across the
drive aisles.
Walkways should be anchored
by special design features
that do not adversely affect
pedestrian safety such as towers,arcades, porticos, pedestrian
EXISTING PROPOSED(Traffic Calming with
speed table and landscaping)
iord.
light fixtures, planter walls or
other architectural elements
�=
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t t t .t t . i t * i t i + s S a. ;i i i i
that define circulation ways = _ 4. to
and outdoor spaces. Walkways � � � —� - �
should be landscaped and readily �� '`�` ' -ii
distinguishable from drive aisles ii,: ; t
4
especially where walkways cross — — _ - '� — -
a drive aisles. Use durable, low-
maintenance surface materials
like scored or colored concrete.
PROPOSED OPTIONS FOR SMALL LOT-300' DEEP
City of Virginia Beach 25
COASTAL CHARACTER AREA
DESIGN PRINCIPLES
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1. Parking areas should be reconstructed as Pixelated along Shore Drive. Example 4A shows a one story
Parking and be planted with native salt tolerant development providing neighborhood scale retail
species.Omit permeable paving stormwater practices and services. It is pulled close to the street, but does
as they will likely clog with sand too quickly to be maintain a row of teaser parking on the primary street
effective. for convenience. Example 4B illustrates taller buildings
2. Large stormwater systems should be designed to pulled to the street and oriented perpendicularly to the
function as salt tolerant wetlands when designed primary street so that they impact existing residential
as permanently wet or as a dry swale.All systems development behind the site the least.They are
should be vegetated with native,salt tolerant plants. buffered by shallow,mid-size buildings along the rear of
Boardwalks,gazebos,volleyball courts,and other the lot which are oriented so that they face out towards
beach-friendly recreational activities should be the primary street to maintain the privacy of the existing
incorporated into the stormwater management systems residential.This example also allows for increased sight
so that they are an integral part of the function of the lines and visibility of parking areas, potentially increases
site. safety in certain cases. Example 4C illustrates a taller
3. Develop regular connections to the Cape Henry Trail building parallel to the primary street with deeper one
and other multi-use paths in the area for pedestrian to two story buildings at the rear of the site to buffer
and recreational use. Encourage connections that the existing residential.This building type would be
bridge the existing stormwater bioswales and connect most appropriate for small neighborhood retail,craft
sidewalks to the Cape Henry Trail. manufacturing,or entertainment uses.
4. Development should utilize the guidance for building 6. Parking is a challenge for many businesses along
height, location,and increased landscaping as depicted the Shore Drive Corridor. Incorporating parking into
in the Shore Drive Corridor Plan and Shore Drive Design_ building footprints to the greatest extent possible
Guidelines to create an inviting street frontage on Shore would help.
Drive. These guidelines are used as primary tools in the
development process and should be followed for any
redevelopment within the Shore Drive Corridor.
5. Several types of development would be appropriate
Ilki?‘ ' *
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5_ New Taller Buildings at
street edge Existing Single Family
Residential
COASTAL CHARACTER AREA
STREETSCAPE IMPROVEMENTS
PROPOSED - STREET SECTIONS
Extent of Commercial
I~— Redevelopment
Public Street lined
I I Existing Residential
with Commercial Neighborhoods
Redevelopment
ti
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1 W Ee Wanae•
s.aewalw P.de4nan
MultHlu
Path
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1 VanaDle WiON
yen
:iles to Rain Garrdens
1
Commercial buildings should be pulled to the street edge where it is
relavent to the surroundings rather than having them pushed to the rear
of the property
PROPOSED - STREET SECTIONS
NIL it
111
l R`Ta IlIl,
Street edges should be lined with vegetation buffers where possible
allowing for safety,screening,and potential traffic calming
City of Virginia Beach 27
COASTAL STUDY AREA: SHORE DRIVE CORRIDOR
OVERVIEW
The Shore Drive Corridor is truly a unique area within the City of Virginia Beach. Not only is it a favorite
destination among locals for its numerous restaurants and retail shops, it is also a popular connection
between the Bayfront and the Resort Area, as well as a gateway to the the Chesapeake Bay Bridge Tunnel.
As laid out in the Shore Drive Corridor Plan,the vision for the Shore Drive Corridor is to re-establish a coastal
character to the commercial frontage through architectural styles and site configurations that accommodate
a relaxed beach-front lifestyle. The corridor has strong east-west pedestrian connections by way of the Cape
Henry Trail. Residents and tourists use the Cape Henry trail to hike, walk, and bike with friends, family, and
pets. This is one commercial area located along Shore Drive but design principles and guidance in the Coastal
Character Area should be applied throughout commercial areas located nearby.
The Cape Henry Trail is a successful public amenity that is routed through this commercial area. Commercial
properties here pre-date the Cape Henry trail's construction and are not directly connected to the trail.They
are separated by a drainage ditch,fence, and/or vegetation.
Site Scales
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28 City of Virginia Beach
COASTAL STUDY AREA: SHORE DRIVE CORRIDOR
DESIGN PRINCIPLES
The unique characteristics of the existing development in this area should continue, and new development
should take surrounding parcels into consideration early in the process. The previous plans created for Shore
Drive (Shore Drive Corridor Plan, Shore Drive Corridor Design Guidelines) should continue to be implemented
and followed in order to preserve the naturally occurring environment and established character of the area.
The majority of commercial sites are of the small scale and are typically less than 350 feet in depth and width.
The north side of Shore Drive has areas where buildings have been brought to the street edge and create a
fairly continuous facade line.As future development occurs and the Shore Drive Corridor Plan is implemented,
landscape, building facades, and streetscape improvements should be incorporated to establish a continuous
edge to Shore Drive.This continuous edge is critical in creating an environment in which drivers naturally drive
at slower speed which are the safest for pedestrians walking along and across the street, and are also the most
conducive to supporting the businesses located along the street.
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City of Virginia Beach 29
COASTAL STUDY AREA: SHORE DRIVE CORRIDOR
IMPROVED CONNECTIONS
The Shore Drive corridor currently has a well-loved east-west pedestrian path, called the Cape Henry Trail.
This trail could be a safe pedestrian path, connecting pedestrians to shopping along Shore Drive,with north-
south connections from the Trail to the commercial properties.According to survey responses and public
input, residents would most like to see neighborhood-serving commercial such as small hardware stores,
grocers, and other businesses which make life convenient without needing to leave the Shore Drive Corridor.
At
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
- ,.,. Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
— — - Shared Use Path
— — — Protected Bike Lane
— — — Bike Lane
., Sidepath
30 City of Virginia Beach
COASTAL STUDY AREA: SHORE DRIVE CORRIDOR
NEIGHBORHOOD COMPATIBILITY
The Shore Drive residential neighborhood is made up of primarily multi-family dwellings and single-family
homes. Shore Drive is the main road of this area and divides the neighborhood. One section is waterfront and
home to primarily multifamily dwellings, the other is land-bound and hosts a majority of the single family
homes. The shared line of Shore Drive is currently commercial uses that benefits all residents and is also host to
many tourists in the warmer seasons.
The study area offers commercial uses in the form of retail, gas stations, lodging, restaurants and bars. Planning
for these transient, sometimes late night, uses to exist close to single family neighborhoods that expect peace
and quiet will be an important part of redevelopment that intends to contribute to the neighborhood.
Redevelopment may also benefit from the existing Cape Henry Trail. It's a well traveled pedestrian path that new
development should connect to with a series of sidewalks, paths,trails and crosswalks.
Currently most commercial properties in the area don't have a residential component, but a developer may seek
to re-zone property in order to include residential space.A simple model illustrated on page 111 of the Shore
Drive Corridor Plan states that buildings can add one floor on top of existing zoning height limits for every 20
feet of additional setback from required setback line adjoining right-of-way. Most residences here are no taller
than three stories, so the height and scale of any new construction should be similar to the surrounding areas,
with the taller,three story buildings should be located closer to Shore Drive where applicable,to minimize any
negative impacts on privacy felt by neighboring smaller homes.
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Shore Drive Corridor Plan on page 111 Shore Drive Corridor Plan on page 111
Illustrates adding an additional floor for an additional Illustrates low and moderate height buildings should
20 feet of setback from adjoining right-of-way be encouraged throughout the corridor in order to
better reflect the existing residential character and
neighborhood scale
City of Virginia Beach 31
LA' C'ARACTE' L'E_,
OVERVIEW
Much of the development in Virginia Beach has occurred away from the immediate coastal environment
and area immediately adjacent to NAS Oceana. This Character Area addresses these locations. Much of this
area has been developed residentially with a diversity of neighborhood types that are supported by small,
medium, and large commercial centers.
To support the connection between residential and commercial areas, the vehicular infrastructure of the
Inland Area is quite robust. The pedestrian infrastructure is currently strengthened with the implementation
of the Active Transportation Plan.
As development continues in this area, careful consideration should be given to reducing the impact that
stormwater runoff has within the watershed. Stormwater management practices should be designed
as park-like spaces, with pathways, shading, and site furnishings that further strengthen the pedestrian
infrastructure.
Current development trends suggest that redevelopment of commercial properties will include structures
built at three stories or more. Care should be taken with the location and orientation of these buildings,
when built on lots adjacent to residential communities, to preserve any privacy that adjacent residents
currently enjoy.
Key Elements
Developments in the Inland Character Area are typically separated from adjacent parcels by natural features
or constructed barriers. Most parcels are accessed by multiple drive aisles, where asphalt is the most
common surface material with a raised 5' concrete sidewalk lining the buildings' main facades.
As a result of this development style, it is more convenient, and more common, for shoppers to use
personal vehicles to move about the shopping center than it is to walk. This currently is a burden on the
vehicular infrastructure and also represents an opportunity for improvement in new developments.
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32 City of Virainia Beach
I lama LA.. C� it I ,-
RECOMMENDATIONS
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'd.-- _ ( ter'•'r, ,y.,_r _"' ..Y:' ,-'4•Y''y� 'air yam iY -c . .,
S Lynnhaven Parkway Multi-Use Path
I
Multi-Use Paths should be built to connect commercial areas to the residential neighborhoods around them.
A great example of these multi-use paths can be found to the south of the Bow Creek neighborhood along the
west side of Lynnhaven Parkway.These connecting paths should incorporate site furnishing improvements for
safety and increased aesthetic appeal,such as:
- pedestrian-scale lighting
- benches
-trash receptacles31,114411.irb --'
-. ' ' ' "-- -`.,_,--''''L„---_:_ -'
Ili
Existing Connection to Adjacent Residential Existing"Back of House"of Commercial
Neighborhood
I
City of Virginia Beach 33
1:LA— : CARACT- '-.�
PEDESTRIAN CONNECTIONS
Shopping centers in the Inland Character t s , ; i t S + +ii.• # i •
are generally larger than in the Coastal t - ar 4r 7 LET--,-*i -- , 4,1 -L, ...,;, __.ir
iArea. Retail establishments should offer s ti.erifir - ' -
illiat
attractive and inviting pedestrian scale .. .,., .= _.. . , , ...,,,
features, spaces, and amenities. • ,.-.- * _1_ _ ,:-
These include, but are not limited to:
- parks
- playgrounds
-shade structures
-tables SMALL LOT-300' DEEP PROPOSED
- seating
- bike storage
-fitness areas
All such features and community spaces ,. _ _ �, ,
Ishould connect to internal or public W Lz1'� = V ' ` "=7i-t
walkways and, if present,to the bikeway # \'' t, " = 1 !._,,,'' '. ;` ,. ' -4
network, and shall be constructed of , wik
materials of at least equal quality to that -- �,
of the principal materials of the building - ., * * :,:‘, 111*- ''` I'
�� \
+..and landscape.
- "' 4
Pedestrian walkways should provide a . s . - x •�,
PROPOSED
access from the parking area to the
primary building in such manner that MEDIUM LOT 600' DEEP
pedestrians using walkways will be
required to traverse the vehicular parking
aisle to the minimum extent possible.
rWalkways should be anchored by special
i s t-* F a s s_t a at f' t o `t s-i '� i i
design features such as towers, arcades, ` ` a�` ' ' ' ' '
porticos, pedestrian light fixtures, planter ;�.� _. � a.,yr t `�_ ��
walls or other architectural elements
that �, � � ,�~� "Ire I E_ _
that define circulation ways and outdoor ' , +�
spaces. Walkways should be landscaped ;` ' �` ;` ` ` r '� "' ''
# —*-crr r---r t i
i IFIlir . , - it iiiiiii
and be readily distinguishable from L_ -4 . ' __1 C T1
driving aisles where they traverse such
Laisles through the use of durable, low -.� --- -- -- ,r- - ,
maintenance surface materials such as LARGE LOT-900' DEEP PROPOSED
pavers, bricks, scored concrete or similar
•
architectural treatments.
•
34 City of Virginia Beach
1 LAN C_.._RACTE AR-
STREETSCAPE IMPROVEMENTS
PROPOSED - STREET SECTION
Extent of Commercial
Redevelopment ... I
Public Street lined I
with Commercial Neighborhoods
Redevelopment ;
1111 I
1 1
°dal .
�,
I
t.1
IIIIM NM
Travel Lanes we. I woe Trav I Lanes Meandenng
4
Sidewalk
c.dewa .edestrian
Variable Width Multi-Use
Vegetate:&dtu Path 1
with Rain Gardens 1 1
I Venable Width
Vegetated Butfes
t"Ran Gaidefs
Extent of Commercial
I.._ Redevelopment I
Public Street lined I I Existing Residential
with Commercial Neighborhoods
Redevelopment
P
•
I
Lill
Travel Lanes Wide wide Meandering Trav I Lanes
Sidew sidewalk Pedestrian I 1
I
t t
Multi 1se
Variablewidt� Pal- to
width
VryRMM z.`" VryrtMrd 14rRrr
with Bair: 10 Adjacent g
Variable Width Residential s
Vegemed Buller! with Rain Gardens
Iwith Rain Gardens
City of Virginia Beach 35
I \ LA\ D STUDY AREA: PEV BROKE TO ROSEVO \T
OVERVIEW
The vision for the commercial area between Pembroke and Rosemont SGAs is to have a buffer of low-
to-medium-density mixed-use development between Virginia Beach Boulevard and existing residential
communities within a park-like setting that serves the adjacent suburban residential neighborhoods.
Connections between residential and commercial uses should be increased, using separated multi-use paths
to mitigate vehicle congestion along roads connecting Virginia Beach Boulevard to adjacent neighborhoods.
V. �hz DESIGN PRINCIPLES
?- ,
„..)
} � - * ` e This area is located at the center of
P
the city, east of Pembroke SGA. The
development pattern in the area
1111We isvehicle-oriented with a series of
—
'``..N. o RG DR ' ~ commercial strip malls.
o ? _
`�
°�`DE ¢ sidewalks that are
z There are many
rY.;_: interrupted by curbcuts, making it
,, x_ " more difficult for people to travel
Pembroke SGAs °O�BL, MFpRa a p p
on foot. If there are sidewalks in a
PKeFFDR z commercial area,they often line the
r perimeter of the property with no
r 6fi - Sf
continuous pedestrian connection
to the actual businesses within the
strip malls and commercial areas.
y,•3 rr.P.
i The cityalso owns the land area
1
€ Rosemont SGA •
< m that was once a railroad corridor.
_ J _ This is an approximately 36
foot wide linear strip of public
./ . ' : › ,, _____:-_ land that will see infrastructure
n
:7
n - •;oNNfYRD D improvements to create a tangible
m G
rs ° return on investment.
G
'
GOALS
• Increase market potential of the area by phasing public investment to create a "transit ready"framework
• Create a list of criteria for an environment designed to facilitate walking along Virginia Beach Boulevard in this
area
• Improve vehicular and pedestrian connections from the well-established neighborhoods,within an easy
walking distance ,to the Virginia Beach Boulevard corridor.
36 City of Virginia Beach
I \ LA\ D STUDY AREA: PEV BROKE TO ROSEVO\T
SITE SCALES
°)Ne
NNON URGy D
MP
F= CVNCA
410
f o
. ii, ., a_ ,
R
UN p,EI 4 I 3 3 4 c/
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lv
AL I
etorp
31 CO
c.
CENTRAL _g
7 64
LIBRARY 4 A to
VIRGhv14 484z, o,
ilill _
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ip. _
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antmmu m
mNcit% - All
01116-.4.
1 MOD a
H
Small Medium Large
et 0 0
DESIGN PRINCIPLES
This neighborhood-serving commercial area is located along the east-west thoroughfare of Virginia Beach
Boulevard. There is well-established infrastructure for vehicular travel in the area.A majority of these
commercial parcels are developed to be convenient only to the patron visiting by vehicle.
Small parcels may become quickly burdened by traffic congestion if each visitor must travel by personal car.
Increasing pedestrian connections between commercial areas and nearby residences should reduce car trips
for locals.
As the destinations and public trails adjacent to this area develop, new investment should be made to
infrastructure that supports appropriate pedestrian connections. These may be bike paths to trails, or private
sidewalks that connect to the public right-of-way. Offering alternate means of access that are as convenient&
comfortable as of travel that's as enjoyable as driving will help mitigate increasing traffic congestion.
City of Virginia Beach 37
INLA\ D STUDY AREA: PEV BROKE TO ROSEVO \T
EXISTING CONDITIONS
This commercial area benefits from being surrounded by several institutional uses, such as libraries, churches,
and schools, which are enjoyed by the nearby residents.
Currently,there is only one street that is connected to all of these amenities,Virginia Beach Boulevard, a major
east-west thoroughfare. Plans are underway to bring another, pedestrian-oriented thoroughfare to this area,
designed for recreational use by bike, or walking. This path would run parallel to Southern Boulevard.
The residential neighborhoods consist of either apartments or single-family homes. Most single-family homes
are detached, but there are several examples of townhouses and duplexes in the area as well. Common
cladding materials are brick and vinyl siding. There are a few structures with E.I.F.S or stucco remaining.
All public roads here are designed with preference to facilitating vehicular access. Every road has a surface
paved for cars and few have paved surfaces for walking or other modes of transport. Wherever pedestrians and
vehicles share a paved surface, the design favors vehicular movement over pedestrian. An example would be
a painted crosswalk over asphalt, as opposed to a raised crossing or continuous sidewalk.
As this area develops, so should the public and private pedestrian infrastructure. Creating more biking/
walking connections between the existing attractions and any planned ones, will reduce traffic congestion and
commute times for local residents, commuters, and shoppers.
A0 .4' - - - , - ,...17-AMP" .z/,/ i ,. ..3 - -op
a
....1 a'
Q p
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o
cr cc o
/`CT ITMI10 Z = Cr
� C?
PARK , v
ELE�M Bo /ARY �?pFe`/ RIjMF=
j, Pembroke SGA' / y NG4 OR`I`
"///7 //1,-.
/ -4 OFF DR :/ / / r. -_,
/ r/ /1/ '.4',1 '' - 573.
/�
/1/ SEE
M
�: LIBRARY AN_
.----0547 4, .......1 n 11/
141 I ill. ..?;; ..': ' - vo., .
q C/y.
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f _ ,, DUTCH ST •. •.
f // z > •. ••14, 4.
f' i f�,,� s f //,': TI Q ` *- Rosemont ►.D z
m Q oZ
THALIA STP�
SOUTHERN BLVD cn 46 ` ,
cn -1
T =
1 t 1/ D t '
38 City of Virginia Beach
INLAND STUDY AREA: PEV3ROKE TO ROSEVONT
EXISTING CONDITIONS i ouN +nro 2 to'MeU.
N ivJ aR
.
Street Network ° a
I
•L DELL 5. 3 , C
The commercial area here is at the h -Y 2
mamaRuma
E'EMENTARV
nexus of two styles of development. oo ' F:c, 'IMF
The parcels to the north of Virginia `" -tR'*
Beach Boulevard are arranged ins top,.
R
a suburban character of winding =
streets and cul-de-sacs, while The z
southern area is a connected grid of G.ENTRAL
UMW S£FMq .
e
streets. SIN VI•G„v4,5„the tt
Environmental Conditions a MND afro,.
This area of Virginia Beach benefits `
� s
Z w
from several clusters of mature trees A
OD c<1
and lush parks. The southern street Z
m �
network incorporates ditches that ca
.
connect to Thalia Creek to the west. -.ER ""
D
...... .11 I i >Z I I r--* .
Parking Conditions
Parking is provided by surface lots in the commercial area. In the residential areas it is provided by driveways.
All of the light gray on the map to the right represents parking areas
The blue highlighted areas in the map to the right represent sidewalks.The light gray indicates paved areas
designed for vehicles.
Neighborhood Access / c f�_8
A""©N e
The commercial areas north of Po;� 3 '' o
a
Virginia Beach Boulevard must z , �
be accessed via that boulevard, fTwcaa .^
V' S PARK
ELEMENTARY • �'
Stepney Lane or Thalia Road. All oo ., .. R°Fe1.
of these streets offerpaved paths / �G`
. • •
for pedestrians and vehicles. The • o
1 a• r,
commercial areas have sidewalks ..." C
as well, but pedestrians must walk ....3 ., z - •
through drive aisles to get from the i .3.
glitra
sidewalks on the public right-of- ,,,,,,,,,,,•,_,_ ,..,� 5
way to the sidewalks on individual
parcels.
r p 1'4' ** 6% :4
Qti
The commercial areas south of t -. A? `r�
Virginia Beach Boulevard are easily • Apt
g
accessed byvehicles alongall
g3CRAMIll w
connecting streets. For pedestrians, i 1
~"
there are no direct paved paths to Cam^ i g
the commercial area.
City of Virginia Beach 39
I \ LA\ D STUDY AREA: PEV3ROKE TO ROSE VO \T
EXISTING CONDITIONS
Most buildings in the commercial area are one-two stories in height with very few areas of two story height.
There is no maximum height requirement,except when a commercial structure is within 100'of a residentially-
zoned parcel.
All public roads here are designed with preference to facilitating vehicular access. Every road has a surface
paved for cars and few have paved surfaces for walking or other modes of transport.
itgir-'.p.-t.:`,
r741, f 1 1 •;r4'Iti•-, ,'4' .,'"- t_ .
_ 4 if—Ms is r• �,•�,ti
, i. t — *` .
_ - y
9-
_
i.'ne y :., .-. '
ill
40 City of Virginia Beach
I \ LAND STUDY AREA: PEV3ROKE TO ROSEVO \T
IMPROVED CONNECTIONS
The vision for the Pembroke to Rosemont commercial area is to build upon the natural beauty of the nearby
Thalia Creek and planned public trails.A kayak launch in the study area on Thalia Creek is becoming an
amenity to the area.The existing pattern is to access each seperate commercial property from the main road
by car. The typical development pattern will need to be altered to accomodate more visitors come to this area.
New commercial developments should connect to bike paths, sidewalks, and share-use paths.The planned
multi-use path along Southern Boulevard will bring families,tourists, cyclists, and runners to areas of Virginia
Beach that they have yet to explore. Increasing connections to this path of adventurers reduces the likelihood
of any one connection becoming too crowded in the near future.
•
_ A o-r.v.‘ ,
1 •
4 a o Y
o,
o
THALIA a
THALIA / PARK o
BLEWENTARYI I
S@HOOL 1 t - 0 04 0
tr: -j, I _= .
i - , :',- N-',''
O ,,,,p_R,
D ,, ,,, _ _
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o v
ii 3 .al) ttelzectotpe,oroc.
o ,o
g54b {4 i /ram; L_1�..__..Ir O '�~ _�!
4 3 L r CENTRAL Sfi
' iiqI e
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Nt4 h
_ ��. -
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fiL;• ,
+ d =4 - . 8 DUTCH ! .
. �' � ��=L ; ,o THAL�P
-mot .d� a0 ' g
SOUTHERN lai,Z1D
a
City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
----- Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
• — — Shared Use Path
— — — Protected Bike Lane
— — — Bike Lane
— — — Sidepath
City of Virginia Beach 41
INLAND STUDY AREA: PEVBROKE TO ROSEMONT
NEIGHBORHOOD COMPATIBILITY
The commercial area here benefits from being surrounded by several public institutions. There are two
schools, elementary and high school.As well as a library and church with a day school adjacent.
Currently,there is only one street that is connected to all of these amenities. That's the major thoroughfare
of Virginia Beach Boulevard that connects to the oceanfront. Plans area underway to bring another major
thoroughfare to this area,with a design oriented towards pedestrians recreational use . This path would run
parallel to Southern Boulevard.
As infrastructure in this area develops, more connections should be made between the existing assets and any
planned ones.
42 City of Virginia Beach
I \ LA\ D STUDY AREA: PEV3ROKE TO ROSEVO\T
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees of over 30 feet in height that act as a buffer between residential and non-residential uses. These
residential areas are composed of single-family detached homes, attached townhomes, and condominium
apartment developments.
The homes are one to two stories in height,with sloped roofs. They use traditional building materials such as
brick, horizontal siding,wood railings and asphalt shingles. Most homes don't have a fenced in front yard, but
many have a fenced in back yard.
Developments adjacent to existing residential areas should be designed so as to preserve the private nature
of the existing backyards in the residential areas. Effective methods are screening with evergreen trees, and
limiting heights within 100 feet of adjacent residential parcels.
tree screening'
■ ■ ii ■ ■ ■ ■ ii ■ ■ ■ ■ Eli !■
Ili fii' MI Fir Hilili 1 ii ii
i i ii j='ElE "" ilifii I ii ii
Ili ; 1411■F II = "!!I I III . f
Commercial Redevelopment Existing Residential Parcels
,.
n .Ai L " THAI IA EMS STATION N0 15
V is
?'- << -+T� Y _ ' tea.-
i t
/ 1.: �f
'R '. -° — L'�,'d cy..
i
/�
City of Virginia Beach 43
I \ LA\ D STUDY AREA: HOLLAND TO INDEPE\ DE\ CE
OVERVIEW
The vision for the Holland Road and S Independence area includes a medium-density residential
neighborhood and commercial village surrounding Mt. Trashmore Park. Park access should be improved by
a network of street connections,with new commercial centers to complement the commercial corridors that
are reconfigured to create a more continuous development pattern of multi-story buildings that accommodate
residential, commercial, and office uses
DESIGN PRINCIPLES
This commercial area has
experienced significant changes in
and around it since the creation of
1- -- -__ r . Mt. Trashmore Park. This includes
the development of the Town
- Center district to the north and an
�1.
f.. , , increasing population of residents
_: along Holland Road.
<
i!
Mt. Trashmore Park has received
investment over the years and
- remains a well-loved attraction by
local families and visiting tourists.
4.KR:.
. The central location of this area
a` W
3 a°gig within Virginia Beach, along with
o0, its proximity to the future Bow
_,-a.eG - Creek Stormwater Park and family
°� :� amenities, have led to the recent
;} o� v' ,mik,
construction of luxuryapartment
Y Qom m CONN` P
developments here.
There are pp
significant opportunities
g
for economic development resulting
1-----6 from being close to interstate, parks
s d and shopping. New commercial
development designed as part of
this network should incorporate
trails and paths that extend the park
benefits to the shopping experience
GOALS of the commercial areas.
• Develop a medium density commercial and residential village beside the lake, offering housing options in
close proximity to the surrounding commercial and employment centers.
• Holland Road corridor is redeveloped with commercial, traditional office, multi-family residential, or a
mix of these uses to expand development opportunities that can accommodate market changes without
compromising development quality.
• Improve access to biking,walking, and driving connections to link these areas and diffuse traffic from the
main arterials.
44 City of Virginia Beach
NLA\ D STUDY AREA: HOLLAND TO INDEPENDENCE
SITE SCALES
esTR,
°
W
�� Y
`moo S
��I/p.F 41 r° '
AF
o° tiOF� a `�
°C� °o ,tic cF ��
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o � -PA_
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A 410_ _
'7
a° en
A ' 'CI r
Q`
tEN AG%5 Mv1ER4
g C«ONE
*t p kqi.
6 ,% 4,Qa ,�, LLB °
�(4 4/ OD DC3
o i
F �0" BOA_ [ NARD CT
'-eiP .,k,"
% e
Small Medium Large
0 0 •
DESIGN PRINCIPLES
This Commercial Area is located along the north-south thoroughfare of S Independence Boulevard as it
transitions to Holland Road. There is an entrance to Mt. Trashmore Park at one end of the commercial area and
two strip mall style parcels of a medium size at the other end of the commercial area. In between the two ends
of this study area are a combination of smaller retail parcels and a couple apartment complexes.
The recent apartment complexes have been developed with trails that connect to Mt Trashmore Park,
extending the benefits of a park to the residents. Commercial Areas here should include trails and paths that
offer a seamless walking/biking experience from park to home to storefront.
City of Virginia Beach 45
INLA\ D STUDY AREA: HOLLAND TO INDEPENDENCE
EXISTING CONDITIONS
This area benefits from the success of Mt. Trashmore Park over the past several decades. Continuous
investment in the park has created a neighborhood attraction that is family-oriented and open to the general
public. The three major roads that are within this commercial area are S Plaza Trail, S Independence Boulevard
and Holland Road.
All three roads can be followed to new residential developments including multi-family apartments,town
homes, condos, and single-family homes. There are also well established communities of homes.As these
residents commute to and from their homes,they are likely to pass this commercial area that lies just a couple
miles south of the interstate entrance at Independence Boulevard.
This area is attractive to businesses seeking vehicular traffic, close interstate access, and a large customer base.
Currently many outparcels offer drive-through food pick-up,with shopping at individual stores within strip
malls to the rear of the property. Between the strip malls and the outparcels there are parking lots with few
designated places for pedestrians to walk or rest in between shopping trips.
Most commercial properties here have been designed with two entrances, often one on a main public road
and the other on an interior road or secondary public road. Older developments tend to have this entrance
designed for vehicular use,while newer developments incorporate sidewalks at both entrances.The most
successful designs have pedestrian paths that continue to the building's main entrance with painted
crosswalks wherever they persons may be traveling in the same space vehicles may drive.
1111 6 -11 FORGE pi)
I o� \J,STRE"6.6
TRA- MORE,- *I: ::
PARK
f '
%•i_ q-....N 3 -
1,9,��0 0O` Sy�O� �� 4-,O P • .p 9�
AF,, 4,1,,, ti© o , �� FA
� „,
0 G, <96 J
P F O S) gR0OkSyDE�,N
14,,o - i _ _ _ P. 47'-'
IIII e<, _, iii. , ,.,,, I
i.
�p4III14LRM1± T
• `q...„ 'LAl
,..
GREEN MEADOW SPENCE S DR ,/\
46 City of Virginia Beach
INLAND STUDY AREA: HOLLAND TO INDEPENDENCE
EXISTING CONDITIONS
Street Network 1 ° .FO'GE.
The commercial area here is at a fork T
in the road where Independence
Boulevard continues south and :. ,� 7.
Holland Road extends to the east
°FAF
s.
There is an internal street network Q,c, $, . ^t
FF .,' F6C iL
between the apartment complexes
and shopping centers north of SQ�Pts.
Holland Road. 1i4 .
r�:-
Environmental Conditions Enc�' s
, ' �tr
This area of Virginia Beach is fairly '� �., 1 4,04 / -
low and is susceptible to flooding � '
during major storm events.As a '' •. <
"III
result, stormwater management • ' ,.. /06' '-, dr
practices are commonly used S,,,,,,.�' n
here and will continue to remain
important features of the built
environment in this area.
Parking Conditions
Parking is provided by surface lots in the commercial area. In the residential areas it is provided by driveways.
All of the light gray on the map to the right represents parking areas
The orange highlighted areas in the map to the right represent sidewalks. The light gray indicates paved areas
designed for vehicles.
Neighborhood Access
The apartments directly along r
{ c p oR .t,
Holland Rd are well connected to -: _.
shopping on that same side of the ,ss ��ia '
street. Pedestrians currently have to ti ;-
,, . \ c.'"*...
J� o
cross drive aisles without crosswalks o
and developments should 4 '° •,,s
incorporate painted crosswalks in �0' �F: :,°
mil ° �°'
the future as a safe design practice.
t
• X!JSP�
A
Neighborhood access may be ,.
improved on both sides of Holland C
..,,
Rd by the addition of more �' yo,�
designated pedestrian paths with �� \" s� ' ° J
#Y P'A D,••i '
recreational amenities such as �-0 ,
benches, bike racks,trash cans, and ,: :°°e. l :�.�_,: ;
canopy trees for shade. 0 •474 • ;, !
�1T�. *MEADOW-OR `
l�rr'f i
City of Virginia Beach 47
NLA\ D STUDY AREA: HOLLAND TO INDEPE\ DENCE
IMPROVED CONNECTIONS
This area has seen an increase in number of visitors as population has grown in the surrounding area.The
regional Mt. Trashmore Park to the north attracts a significant amount of visitors that use the trails and other park
features. Currently,there is one direct route from the park to the commercial study area here via S Independence
Boulevard/Holland Road.
In an attempt to reduce the vehicular traffic burden of Holland Road new developments should create a
continuous network of trails that connect to the Park. The City of Virginia Beach has plans for improving
pedestrian infrastructure on all the major public roads in this area. This creates the opportunity for a park visitor
to leave their car in the parking lot and then walk to a nearby convenience store or restaurant and then walk back
without adding to traffic.
♦
♦ f aj
♦ m
. � r. PAR o a `
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0
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r
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•
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. cg0 , .__,
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tg: ,: .1-.7.• - ,
"I * 64' g I ' .'1 '<: , :R ' f'=;444,1.
O
yF��° , AI DCw di?
s
City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
------ Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
Shared Use Path
-- — — Protected Bike Lane
Bike Lane
Sidepath
48 City of Virginia Beach
\ LA\ D STUDY AREA: HOLLA \ D TO INDEPE\ DE\ CE
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees of over 30 feet in height that act as a buffer between residential and non-residential uses.These
residential areas are composed of single-family detached homes, attached town homes,and apartment
developments.
The rear of many commercial properties in this area border the yards of private homes. In addition to mature
trees separating commercial from residential uses there are often fences and drainage ditches making the
commercial area distinct and separate from the residential developments. Newer development trends often
mix these two uses to increase the market base that the commercial areas have.
New commercial developments adjacent to residential areas should be designed to preserve the private
nature of the existing backyards in the residential areas. Effective methods are screening with evergreen trees
and limiting building heights within 100 feet of adjacent residential parcels. Below is an example of how tree
screening should be used as a buffering method for buildings up to four stories in height.
Commercial parcels with access to Holland Road and S Plaza Trail should place entrances with sidewalks for
pedestrians on each of those main streets.The same principle should be applied for other developments that
can be accessed by two or more public roads. Ensuring there is vehicular access and pedestrian access from
major roads helps to reduce congestion at any singular entrance or road.
tree screen.ng'
■ ■ ■ ■ ■ ■ ■ ■ ■ 11 !■ I
0 I 11 1 ■ 1 11 1 ■ ■ 1 11 1■ t :
■ 1 �� 1 ■ ■ 1 �� . 1a=1 11 1■ r I
Ili M Win 1 ! 11I .*>,
Commercial Redevelopment , Existing Residential Parcels
Once buildings exceed 4 stories in height,they appear in stark contrast to the existing residential community
of homes. If buildings taller than 4 stories are proposed by developers they should be oriented as far away
from existing residential homes as possible,close to the main street.Additionally,there should be buildings of
an intermediate height between existing single family homes as shown in the graphic below.
at.E j► ate,:: .4:awn
❑LI D ❑ p ❑
L.4 A Ate -' _ `
1111 i II ® M 1 ® (l
New Taller Buildings at street edge New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
City of Virginia Beach 49
INLA\ DSTUDYAREA: HOLLAND & WINDSOR OAKS
OVERVIEW
The vision for the Holland -Windsor Oaks neighborhood serving commercial area includes a medium
density residential and neighborhood commercial village, an expanded network of pedestrian connections,
new commercial and office uses to support the continued residential development in the region, and
commercial corridors reconfigured to create a more continuous development pattern of multi-story buildings
accommodating residential, commercial, and office uses.
DESIGN PRINCIPLES
Provide shorter pedestrian
I w
connections from residential
�� ; "loGEc ' z - developments immediately
OR- T Gt. ' adjacent to the commercial core.
GHANCERYtN s uumz,jam The existing commercial and
('- $ A . J residential uses support each
GOVERNORSf�
0
other well and mixing these uses
. � in the future will improve the
_ g cOUNSELO s
Re4, mutually beneficial adjacency of
- ..,, "maw ., - - uses. The addition of office uses
4
HOLLAND-RD to the area would be beneficial.
,_ i ........4.6„
/ a •---/
.., , ,:critni:
,, /
�F C
0
c CH
/li
l
Z g 0*
r
tit
Q -F'A gl,,+ ADD
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0
‘,
, ,,,,
, ,, - .e:
GOALS
• Design a commercial core along the corridors of Windsor Oaks Boulevard and Holland Road for a mixture of
residential, office, and commercial uses that are connected by a series of multi-use paths to the immediately
adjacent uses.
• Incorporate additional uses on the parcel that supports the residents.
• Increase stormwater capacity through the use of creative green infrastructure to slow, store, and drain
stormwater. Limiting the amount of traditional impervious pavement in vehicle occupied areas should be a
priority.
50 City of Virginia Beach
INLAND STUDY AREA: HOLLAND & WINDSOR OAKS
SITE SCALES
C®UNS
FO itzz
R
kg/Lre
Do
ilratitit
HOLLANDD RD
101
CAEEK Dtzi
ce
Y. OWDR4If ©jr
G
Rp1/4.
47
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Small Medium Large
0 •
City of Virginia Beach 51
I \ LA\ D STUDY AREA: HOLLA\ D & WI \ DSOR OAKS
EXISTING CONDITIONS
This Neighborhood Serving commercial core, at the intersection of Windsor Oaks Boulevard and Holland Road, is
surrounded by single-use residential developments. The commercial area has seen an increase in development
with a new multifamily complex constructed across the street from the commercial parcels shown below in the
salmon tone. The commercial is located at the intersection of a couple major roads. There are residential uses
surrounding the commercial area.
Most residential developments have backyards adjacent to the commercial development and separated with a
buffer of fencing, trees, or a combination of both. New residential developments have aligned their entrances with
existing commercial entrances to increase the capacity for vehicular traffic flow. These entrances are aligned over
main roads of 4-6 lanes in width.
The distance to cross roads, combined with no crosswalk or indicator of pedestrian traffic makes walking to
the commercial area an uncomfortable and dangerous experience.These intersections should be examined for
potential crosswalks,yield signs, stop signs, and lighted traffic signals to facilitate safe access for vehicles and
pedestrians alike.
Some residences feature a continuous sidewalk or trail network, others have clubhouses or internal residential
amenities. These amenities rarely connect to adjacent commercial developments.
GOVERNORS WAY
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52 City of Virginia Beach
INLA\ D STUDY AREA: HOLLAND & WI \ DSOR OAKS
EXISTING CONDITIONS
Street Network �4 GOVERNOR W4 i `W
The street network in the residential E4
4r .
communities surrounding the ," N E� RL
commercial is designed in the F.,__ ,e .
R ,:•pN N `
cul-de-sac model,with most — H0LIAND-RD—� �` r
developments being accessed via n -� z.
the closest main public roads I
de
o cH.
Environmental Conditions '- E`T
T
This area is susceptible to localized (O�`•,, NE hD "A"'ef
Y Ro
T:ti (N i
flooding during large storm t 4
events. New developments will �`�; SNowoR, a
need to incorporate stormwater ,' F%: `� R�`e``� 9'
managementpractices as building �TFR `y r .D.i 0
g X F t .,i.11:- . r
requirements have adapted to '� '
address recurrent flooding.
Parking Conditions
Parking is provided by surface P.--‘,....i `s
lots in the commercial area. In the V e
residential areas it is provided by
IN ...- a-:
driveways.All of the light gray on theV / " ) `
map to the right represents parking ..9...: u . s
areas - -1 H:,_77 ,' 1
The orange highlighted areas in �,
the map to the right represent •• �`'��.,�
sidewalks.The light gray indicates t u • o +"'`- 1"''
paved areas designed for vehicles. moo° • .`
x
Neighborhood Access f €fx.;• .
• •
Neighborhood access to this " :r� oR4F7c
commercial area happens via the i 4 tt 4
main roads. Current conditions have °st„... if/
�3 w� --..A.Dkso �T '
a service road and natural buffer
between neighborhoods and the rear
of commercial parcels.
There is a good sidewalk network along public roads here, but most homes were developed with their backyard
facing these sidewalks. For privacy and security, most homeowners have a fence and must walk around the
neighborhood to the public sidewalk, which is often less convenient than traveling by car.
City of Virginia Beach 53
N LA\ D STUDY AREA: HOLLA\ D & WNDSOR OAKS
IMPROVED CONNECTIONS
The City of Virginia Beach has adopted plans that suggest improving the infrastructure of the area to include bike
lanes and shared use paths. Where commercial developments align with these new pedestrian improvements
they should construct continuous pedestrian paths that are connected to the front of each business.
The rear of many commercial properties here have stormwater management features or planted buffers
separating them from adjacent residential parcels. These areas are perfect places to place pedestrian amenities.
Adequate lighting should be placed along these paths in commercial areas for safety.
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
..-- —, Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
— — — Shared Use Path
— — — Protected Bike Lane
— — Bike Lane
Sidepath
54 City of Virginia Beach
\ LA\ DSTUDYAREA: HOLLA\ D & WI \ DSO OAKS
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees and stormwater features that act as a buffer between residential and non-residential uses. These
residential areas are composed of single-family detached homes, attached town homes, and apartment
developments.
The rear of many commercial properties in this area border the yards of private homes. In addition to mature
trees separating commercial from residential uses there are often fences and drainage ditches making the
commercial area distinct and separate from the residential developments. Newer development trends often
mix these two uses to increase the market base that the commercial areas have.
New commercial developments adjacent to residential areas should be designed to preserve the private
nature of the existing backyards in the residential areas. Effective methods are screening with evergreen trees
and limiting building heights within 100 feet of adjacent residential parcels. Below is an example of how tree
screening should be used as a buffering method for buildings in this area.
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New Taller Buildings at street edge New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
There exists a healthy network of wide pedestrian streets and paths in this area. Most of these paths are
located along public roads,with smaller paths located within separate developments.There is currently a lack
of continuous connection between these two types of paths.
New commercial development should provide an experiential benefit to adjacent residents by constructing
paths that connect residential trails to businesses and public trails.
EXAMPLE IMAGES
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City of Virginia Beach 55
OVERVIEW
AICUZ Character Areas are those commercial corridors which lie within an Accident Potential Zone (APZ) or Noise
Contour of the Air Installations Compatible Use Zone, also known as AICUZ,established around Naval Air Station
Oceana.
These zones limit the uses and density of development in order to maintain the safety and quality of life of
communities that are close to military air bases.
Key Elements
Commercial developments in the AICUZ Character Area are most commonly restaurants, auto-services,
warehouses, or offices.They are typically separated from adjacent parcels by natural features or
constructed barriers, especially when adjacent to residential uses.
The example image below shows a residential development next to a restaurant, shopping center, and
warehouse department store with no direct access due to landscaped areas and a constructed pond to
manage stormwater.This landscaped buffer should be designed as a walkable park,to connect to existing
parcels whenever possible.This alternate mode of access can reduce travel times and vehicular congestion
in the AICUZ area as new developments are built.
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56 City of Virginia Beach
ie.-- - - � - ...E., �E
OM.
MO .
PEDESTRIAN CONNECTIONS
Shopping centers and retail establishments should offer attractive, inviting pedestrian scale features,spaces,
and amenities.
These include, but are not limited to:
- parks -- 1
ft- playgrounds '. , ,-,
f,
-shade structures t f * "in "'-
-tables it._ R..
-seating 0 - iiI i111 '
--
- bike storage
-fitness areas
All such features and community spaces
shall connect to internal or public walkways
and, if present,to the bikeway network, SMALL LOT-300'DEEP PROPOSED
and shall be constructed of materials of at
least equal quality to that of the principal
materials of the building and landscape.
Pedestrian walkways shall provide access • - -‘ \ - `N
from the parking area to the primary R, 4,4 `
Y
building in such manner that pedestrians t : : I . t4 i
i n walkways willrequired i red to traverse -using al ays be q —_ _ i
: -* v
the vehicular parking aisle to the minimum _ - a_,. , , t t *
extent possible.
__ * * s
Walkways should be anchored by special �` �.
design features such as towers, arcades,
porticos, pedestrian light fixtures, planter MEDIUM LOT-600'DEEP PROPOSED
walls or other architectural elements that
define circulation ways and outdoor spaces.
Walkways shall be landscaped and be _
readily distinguishable from driving aisles ' `^ ' j
where they traverse such aisles through the
,,
use of durable, low-maintenance surface , ,'.‹
materials such as pavers, bricks,scored
concrete or similar architectural treatments.
i
-\ ,
The AICUZ area business uses are
often vehicular-oriented, industrial,or '-. �,
warehousing spaces.These uses require the
operation of motorized vehicles,so there X ..
should be a clearly designated pedestrian
path to reduce the potential for accidents. PARKING WITH DESIGNATED PEDESTRIAN CROSSINGS
City of Virginia Beach 57
�I .�_=..�,��TE- -,_C�
STREETSCAPE IMPROVEMENTS
PROPOSED - STREET SECTION
Extent of Commercial
Redevelopment
1
1 1
Public Street lined Existing
with Commercial Neighborhoods
Redevelopment ;
1 1
•
1 1
p ..
. ,...... . 11 . , 5
tifilli" ir
Travel Lanes Wide Trav I Lanes
Sidewalk 1 Wide Liiiii
Meandering
Sidewalk Pedestrian
Variable Width 1 Multi-Use
Vegetated Buffer I Path ;
with Rain Gardens
Variable Width
Vegetated Buffers
with Rain Gardens
1 1
1 I
58 City of Virginia Beach
PAGE INTENTIONALLY LEFT BLANK
AICUZ STUDY AREA: HOLLAND & ROSEVONT
OVERVIEW
The vision for this commercial area includes a medium density residential and commercial neighborhood
village, and an expanded network of street and pedestrian connections to create a more continuous
development pattern of multi-story buildings accommodating residential and commercial uses.
DESIGN PRINCIPLES
This commercial area is surrounded
residential communities. There is a
'RFsr AL moderately well-connected street
grid on which there are many single
'1 a�rv4cry family homes, attached townhomes,
E. "aMPLar � and a few apartment complexes.
n
a wA�CROFr° Most residential developments
'Attk•- ,
Z feature cul-de-sac style roads.
i r › r These types of developments result
< N a " '`
0 in private yards lining the main
_.. roads. Many developments and
L homeowners elect to build a fence
Z �
o for privacy.
8` e cr <- In order to maintain a balance of
�`� / privacy and access to commerce,
commercial developments should
align their entrances with adjacent
�,uFS r roadways and provide tree-lined
-4•41 Fr streets with sidewalks to connect to
R° 0i4� the public right-of-way.
g y
These streets should be lined
with building facades,with parking available nearby. This development pattern creates a seamless travel
experience for drivers and locals walking. Incorporating these streets with stormwater parks on larger parcels
creates an attractive amenity for all visitors to the commercial parcels.
GOALS
• Align commercial entrances with existing street network of surrounding residential developments.
• Create shopping boulevards with tree-lined streets and sidewalks to provide an enjoyable shopping
experience by car, bike, or foot
• Create stormwater parks on larger parcels that can be lined with commercial and residential uses and
amenities
60 City of Virginia Beach
AICUZ STUDY AREA: HOLLAND & ROSEMONT
SITE SCALES
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SE3D(Ey°D pEL
Small Medium Large
111 0 Ill
Most commercial parcels here are smaller parcels accessed via the main road and/or connector roads.
Outparcels may have a third access point if there is an internal street between it and the large parcels
containing strip mall type development with large anchor buildings.
City of Virginia Beach 61
AICUZ STUDY AREA: HOLLAND & ROSEMONT
EXISTING CONDITIONS
Small individual commercial developments are located along the major thoroughfares, often utilizing multiple
entry points on adjacent streets. Most commercial buildings are surrounded by parking lots and public roads
surround the properties.A majority of the public streets have a pedestrian sidewalk network, often lined with
trees.
The public sidewalks and the sidewalks at commercial building entrances are typically separated by a parking lot
or drive aisle. There are few crosswalks where pedestrians may travel through vehicle parking areas. This makes
the walking experience unpleasant, and most people within walking distance travel to the commercial area by
car.
The residential areas surrounding this community are well connected with few dead end streets. Residents and
commercial properties alike benefit from stormwater management practices such as swales. In addition to the
swales,there are tributaries of the Lynnhaven River that border some of the commercial properties. In times of
low tide, these will most likely be too shallow to be navigated, but there may be a potential for a kayak launch
and other water-related amenities at the eastern edge of this commercial area.
The relatively well-connected street network offers a lot of amenities within driving distance.As this area's
population increased,traffic congestion has as well. The city has seen residents becoming comfortable with
using biking paths for exercise and nearby shopping. Currently,there are plans to increase the number of shared
use paths and bike lanes in the area.
BA CROT �.;
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62 City of Virginia Beach
AICUZ STUDY AREA: HOLLA\ D & ROSEVO \T
EXISTING CONDITIONS
Street Network
:AN •O}it?R
The street network in the residential 4 z 1 I k s
communities surroundingthe H« 4 ,
F c.„ . I
commercial is a well-connected grid pattern. T W are �:,---,_ 4 164 � 1
Zr
The street network often abruptly �R'"8 .pR �2 I-",4t.R
°, ti4,
ends at the connection of F F Dad 8 I
•.
•
commercial propertiesOt- °F, P
Environmental Conditions 'tAltk ,`P
F
This area is susceptible to localized
flooding during large storm events. 13.0 y"'6, ,P
Some commercial properties - sV,�
are adjacent to tributaries of the
1\Lynnhaven River. r,,
New developments will need to
incorporate stormwater management practices as building requirements have adapted to address recurrent
flooding.
Parking Conditions
Parking is provided by surface lots in the commercial area. In the residential areas it is provided by driveways.
All of the light gray on the map to the right represents parking areas
The orange highlighted areas in the map to the right represent sidewalks. The light gray indicates paved areas
designed for vehicles.
Neighborhood Access 1 L.
g . t, r ,
Neighborhood access to this , '
commercial area happens via the t.M,�„yF�• '7
main roads. Currently,the rear of i
commercial parcels have a service • 43 �4. c
road and often a natural buffer • ►` ""`` '' ` ' f is
between neighborhoods and the y M�F �R _` y�r- t.
,, '�:
rear of commercial parcels.
`�ra 41
# 'N\ .s,
There is a good sidewalk network
along public roads here. TheseI/ N.
sidewalks should be connected to \ �z
interior sidewalks in commercial
properties with painted sidewalks ' 4:- . 4,- t
or raised speed tables with visual 0�A"
indicators of pedestrian traffic. '' o f ,y
City of Virginia Beach 63
AICUZ STUDY AREA: HOLLAND & ROSEVO\T
IMPROVED CONNECTIONS
The city is continuing to invest in the pedestrian infrastructure in this area,with plans to implement a shared
use path and bike lane along Holland Rd and S Rosemont Road Commercial developments should construct
pedestrian-oriented connections to these streets that allow travelers to enter the commercial area while avoiding
the congestion that occurs closest to the intersection of the two major streets here.
Pedestrian connections within the commercial areas should feature visual indicators of pedestrian traffic
whenever paths may share space with vehicular traffic areas.These should be a combination of signage and
contrasting pavement treatment to alert drivers. Orange arrows below indicate potential paths of connection
through the commercial areas.
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
-- Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
Shared Use Path
— ^— �° Protected Bike Lane
Bike Lane
Sidepath
64 City of Virainia Beach
AICUZ STUDY AREA: HOLLAND & ROSEMONT
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees and water features that act as a buffer between residential and non-residential uses.These
residential areas are composed of single-family detached homes, attached town homes,and apartment
developments.
The rear of many commercial properties in this area border the yards of private homes. In addition to mature
trees separating commercial from residential uses there are often fences and water features making the
commercial area distinct and separate from the residential developments. Newer development trends often
mix these two uses to increase the market base that the commercial areas have.
New commercial developments adjacent to residential areas should be designed to preserve the private
nature of the existing backyards in the residential areas. Effective methods are screening with evergreen trees
and limiting building heights within 100 feet of adjacent residential parcels. Below is an example of how tree
screening should be used as a buffering method for buildings in this area.
- 4 .� •-
.1 -- ® ® -a ® y� I
New Taller Buildings at street edge New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
A healthy network of wide pedestrian streets and paths exists in this area. Most of these paths are located along
public roads,with smaller paths located within separate developments.There is currently a lack of continuous
connection between these two types of paths. Parking lots between public sidewalks and building entrances
create an uncomfortable walking experience despite a relatively short distance.
New commercial development can provide and experiential benefit to adjacent residents by constructing
paths that connect residential trails to businesses and public trails.
EXAMPLE IMAGES
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: .,ram Y < 9 .:
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City of Virginia Beach 65
AICUZ STUDY AREA: HOLLAND & LYNNHAVEN
OVERVIEW
The vision of this area is a series of developments that are in-scale with existing development, along with
targeted public infrastructure improvements.The commercial properties closest the intersection of Holland
Rd and Lynnhaven Parkway will have the opportunity to transform themselves into higher intensity uses to
take advantage of the location outside the limits of the designated Accident Potential Zone (APZ) related to
the nearby naval facility. At the edge of the commercial area, lower intensity development is envisioned to
seamlessly connect with local residential neighborhoods.
`T * `f8` - DESIGN PRINCIPLES
z
`'�b ti, -{ This commercial area is within
y4 l�:' ti^ �� the APZ,due to its relationship
,,..4„...., .
.� Aito Oceana Naval Air Station.This
° I r14, limits the amount of residential
0 development that can happen here
in the event of an accident.
This commercial area should
o .5 tea`
primarily serve local residents.
'�t Q� v�0 • The local population is steadily
°Q .F°°` ,� o�° increasing and the transportation
°Ayeq 6. ti G,.°' z lw infrastructure should respond with
c
that growth.
slimsaug 0
4 x tit • .- �9� With London Bridge Creek and
natural trees lining most of the
i
commercial properties,there is
<ti �= R� an ability to make a continuous
Gr �fS
pedestrian trail experience along
toy 'y the tree line of the creek and at the
> rear of commercial properties.
5�� There should be a focus on
Q • QP ��A enhancing existing connections
ti�R ° P�� so to the commercial area with
.v` !'�
s� �� c.. pedestrian paths and bike-able trails
,„„-( ti . __,,,,000
that benefit local residents.These
paths can be constructed alongside
stormwater features to provide
visual interest and educate the general public on the importance of managing stormwater in this region.
GOALS
• Improving multi-modal connections to convenient retail will strengthen the existing neighborhoods by
providing an accessible community service.
• By meeting the Chesapeake Bay Act's mandates to protect and restore the Lynnhaven River,this area should
capitalize on the value of the water and marshlands and transform it into a public open space amenity that
becomes part of a recreation network.
66 City of Virginia Beach
AICUZ STUDY AREA: HOLLAND & LYNNHAVEN
SITE SCALES
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City of Virginia Beach 67
AICUZ STUDY AREA: HOLLAND & LY\ NHAVE\
EXISTING CONDITIONS
The development pattern of the commercial areas is impacted by the City's AICUZ requirements. The resulting
commercial uses revolve around warehouse uses, restaurants, auto-oriented retail, and other compatible uses.
The parcels outside of the APZ zone feature strip malls but have the potential to support denser residential
development if rezoned.
The residential communities and commercial areas are both accessed via the same two main roads in this area,
Holland Road and Lynnhaven Parkway. These thoroughfares have seen increased congestion recently as the
overall area population has increased.
There are several community amenities nearby,such as parks, small lakes and creeks, and multiple elementary
schools. This area is attractive for families looking for a single family home in a quiet landscape. Currently the
Lynnhaven Mall area receives a moderate amount of visitors, but there are plans in the future to add additional
amenities and residents to that area which may increase the traffic along Lynnhaven Parkway.
There have been successful trails constructed nearby in recent history that are separated from major
thoroughfares with landscaped verges of about 10 to 20 feet in width. The city of Virginia Beach plans to build
upon the success of these trails by adding a bike path and shared use path to Lynnhaven Parkway and Holland
Road respectively.
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68 City of Virainia Beach
AICUZ STUDY AREA: HOLLA \ D & LY\ \ HAVE\
EXISTING CONDITIONS
Street Network
The street network in the residential
communities surrounding the �,
commercial area is a cul-de-sac -• -‘,
pattern with one or two connections !� •
Ir`<,, ,,, ." '--.01k %., .,--1.7-`,0,
to main roads. �—+ v��`` r
. 0/4 '', -4 ;
The coTeentmercial areas are oly '� e z
s, not 0: ` i 4'6' ° A k P L
t' r_ iliOlilr RP.
neighborhood streets. oLL,� o
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SC-HG0L ��- _. !LC, ANY p
441
Environmental Conditions _� '
This area is susceptible to localized oti
flooding during large storm events. ��¢ '�.1 ,�AREPOUGH
s .aPE
Some commercial properties
� tio� SEA att
.1 � � �,,, ! PARK _
are adjacent to tributaries of 5 tia ,ss �' I
the Lynnhaven River. New .
e.4-idi 1 A :se t Ak ''''
developments will incorporate *`�ta-- 4 q '
stormwater management practices
to mitigate local flooding.
Parking Conditions
Parking is provided by surface
lots in the commercial area. In the i
residential areas it is provided by t•� yc
,,,,4, V It, • i
driveways. All of the light gray on the 4
Y g g y :, Y
map to the right represents parking 0
areas >,,,,N, 3
IRgav ff.,
The orange highlighted areas in ` \ . °<.
the map to the right represent
E EMEEl7.AP.V
sidewalks. The light gray indicates •' ,1/4 '
paved areas designed for vehicles.
V',". 4 \
Neighborhood Access
Neighborhood access to this Gg� 1' SC.Y+RBREUGti
commercial area happens via the main •1 ,, ��W' z
roads. Currently the rear of commercial PRs'
*' .,, i ,. %-. ' T%
parcels have a service road and often a, •
natural buffer between neighborhoods
and the rear of commercial parcels.
There is a good sidewalk network along public roads here. These sidewalks should be connected to interior
sidewalks in commercial properties with painted sidewalks or raised speed tables with visual indicators of
pedestrian traffic.
City of Virginia Beach 69
AICUZ STUDY AREA: HOLLA\ D & LY\ N HAVE\
IMPROVED CONNECTIONS
The eastern commercial properties are currently all accessed via Lynnhaven Parkway,which has increased the
traffic load and congestion along that street. To ease congestion, developments should endeavor to connect
parking lots with drive aisles to benefit from the shared parking possibilities.
The rear of these properties can be lined with a pedestrian path that follows the London Bridge Creek to create
a separate path for walking that's comfortable and safe from vehicular traffic.This creek side trail should allow
commercial access to those within walking or biking distance.
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
— — — Shared Use Path
— — Protected Bike Lane
Bike Lane
— Sidepath
70 City of Virginia Beach
AICUZ STUDY AREA: HOLLA\ D & LY\ \ HAVE\
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees and water features that act as a buffer between residential and non-residential uses. These
residential areas are composed of single-family detached homes, and attached town homes.
The rear of many commercial properties in this area border the yards of private homes. In addition to mature
trees separating commercial from residential uses there are often fences and water features making the
commercial area distinct and separate from the residential developments. Newer development trends often
mix these two uses to increase the market base that the commercial areas have.
New commercial developments adjacent to residential areas should be designed to preserve the private
nature of the existing backyards in the residential areas. Effective methods are screening with evergreen trees
and limiting building heights within 100 feet of adjacent residential parcels. Below is an example of how tree
screening should be used as a buffering method for buildings in this area.
_ ,IN- r o ❑L-- 0 ..
lll< _ A �/ \.. _
2.1 Ili ® .g:'-I di IF [I] _,d _New Taller Buildings at street edge New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
A network of wide pedestrian streets and paths exists in this area. Most of these paths are located along public
roads,with smaller paths located within separate developments. There is currently a lack of continuous
connection between these two types of paths. Parking lots between public sidewalks and building entrances
create an uncomfortable walking experience despite a relatively short distance.
New commercial development should provide and experiential benefit to adjacent residents by constructing
paths that connect residential trails to businesses and public trails.
EXAMPLE IMAGES
i
�j �pQ l
*N-. v - .` , }ifs; _ • ';i '1; *£ ,�
a4
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. _voilltriee,
City of Virginia Beach 71
AICUZ STUDY AREA: LY\ N HAVEN VALL AREA
OVERVIEW
The Lynnhaven mall area is located directly south of the Lynnhaven SGA and interstate 264. It incorporates a
large series of strip mall developments, industrial parks and office buildings surrounding the Lynnhaven Mall.
This area is located within the City's AICUZ APZ 2 which limits redevelopment to certain compatible uses.
DESIGN PRINCIPLES
Due to the location of the
firth( commercial in the AICUZ
- - -' 'SO..:" `'� area, redevelopment should
}o. \- �. - Y-- -Q y include uses that are deemed
_A _ . iii — - as compatible by the Zoning
:. \`` Ordinance. Open space should
�;�, `Y- _ be incorporated where possible.
eo Redevelopment should also
o - - ;
' . Ala c •2 incorporate adequate height
fit .
11 I 14/If restrictions set forth by the
4 _ .4 AICUZ regulations and limit uses
Q 1 `yF s B t .; �f including:
R. ST
�o � .; ` �, • Towers,tall structures
'sF 4 or vegetation that would
penetrate the navigable
- 11 airspace near Naval Air Station
i� I :. F-/NTERN,.
fi GF, -o Oceana
-.;_ W ' .y
, _ .�, s� • Uses that would generate
0 .my _ smoke, steam or dust
A -,s,AS- • Uses that would attract birds
6, !oil- • Uses that would produce
., r ._ ,:_ 'N-), , electromagnetic interference
\ �,- �.- �� with aircraft communication,
f S navigation,or other electrical
systems
GOALS
• Create successful uses that are compatible with the guidelines set forth in the AICUZ Ordinance.
• Create improved pedestrian connections to and from the commercial and retail spaces found within the
Lynnhaven Mall area and increase compatibility of uses with surrounding neighborhoods.
72 City of Virginia Beach
AICUZ STUDY AREA: LYNNHAVEN VALL AREA
SITE SCALES
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Small Medium Large
0 0 0
City of Virginia Beach 73
AICUZ STUDY AREA: LYNNHAVEN VALL AREA
EXISTING CONDITIONS
The development pattern of the commercial areas is impacted by the City's AICUZ requirements. The resulting
commercial uses revolve around warehouse uses, restaurants and auto-oriented retail. The parcels outside of the
APZ zone feature strip malls but have the potential to support denser residential development if rezoned.
There are several community amenities nearby,such as parks, small lakes and creeks, and multiple elementary
schools. This area is attractive for families looking for a single family home in a quiet landscape. Currently the
Lynnhaven Mall area receives a moderate amount of visitors, but there are plans in the future to add additional
amenities and residents to that area which may increase the traffic along Lynnhaven Parkway.
There have been successful trails constructed nearby in recent history that are separated from major
thoroughfares with landscaped verges of about 10 to 20 feet in width. The city of Virginia Beach plans to build
upon the success of these trails by adding a bike path and shared use path to Lynnhaven Parkway and Holland
Road respectively.
-o _
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dr
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4'gMECR,E`'
N,,`.. APZ1
' �' :. -:
74 City of Virginia Beach
AICUZ STUDY AREA: LYE N HAVEN VALL AREA
EXISTING CONDITIONS
Street Network ‘ A
i := i
The main arterial connection to this `� s �N�� 1 .�jy mot- ,
area is Lynnhaven Parkway running =E 4;RALDR `
i
north south along the eastern edge.
S Lynnhaven Road is an interior # -'' l
perimeter road that encompasses ' .r ..: 8
p ace y, �L ��► c�
the mall and other retail/commercial DURSEI ,j► - 1111
-
buildings. This road connects to the 'rs,,
exterior residential communities `�_` '
surroundingthe commercial area ` ` ` -\,,, `. r IN) -
_ .
Environmental Conditions ,' ,. a�. zl,- �:- _Loop,'
34i;,,-:§; '7 r . /', ? .___- I -' '
This area is susceptible to localized kEcRE „.---
flooding during large storm events. 1�^ ,gv{s 1 , . AUGUST /
Some commercial properties � � ' o \ .�e�' -
are adjacent to tributaries of \-; , 2
- ;; 0*.t,1 tom''' . •
the Lynnhaven River. New
developments will incorporate
stormwater management practices
to mitigate local flooding.
Parking Conditions
Parking is provided by surface lots in the commercial area. In the residential areas it is provided by driveways.
All of the light gray on the map to the right represents parking areas
The orange highlighted areas in the map to the right represent sidewalks. The light gray indicates paved areas
designed for vehicles.
Neighborhood Access D T
Primary neighborhood access to this m GUA�.D •�,,
area occurs along S Lynnhaven Road N LD.R
"0,4 . -
and circles around the mall area z _
connecting to Lynnhaven ParkwayI i. \
and interior retail/commercial.
There is a good sidewalk network ,,]
along public roads here. These <6 aF 1;
sidewalks should be connected to �� -:_,+T
interior sidewalks in commercial y
properties with painted sidewalksr ff�
or raised speed tables with visual a I
0 � j '
indicators of pedestrian traffic. ,i' .c`..NE' "'..` r
City of Virginia Beach 75
AICUZ STUDY AREA: LY\ \ HAVE\ MALL AREA
IMPROVED CONNECTIONS
The eastern commercial properties are all currently accessed via Lynnhaven Parkway,which increases the traffic
load and congestion along that street. To ease congestion, developments should endeavor to connect parking
lots with drive aisles to benefit from the shared parking possibilities.
The rear of these properties can be lined with a pedestrian path that follows the London Bridge Creek to create
a separate path for walking that's comfortable and safe from vehicular traffic. This creek side trail should allow
commercial access to those within walking or biking distance.
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
Shared Use Path
— -- — Protected Bike Lane
Bike Lane
Sidepath
76 City of Virginia Beach
AICUZ STUDY AREA: LY\ \ HAVE\ VALL AREA
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. Often there are
mature trees and water features that act as a buffer between residential and non-residential uses. These
residential areas are primarily composed of single-family detached homes and attached town homes.
The rear of many commercial properties in this area border the yards of private homes. In addition to mature
trees separating commercial from residential uses there are often fences and water features making the
commercial area distinct and separate from the residential developments. Newer development trends often
mix these two uses to increase the market base that the commercial areas have.
New commercial developments adjacent to residential areas should be designed to preserve the private
nature of the existing backyards in the residential areas. Effective methods are screening with evergreen trees
and limiting building heights within 100 feet of adjacent residential parcels. Below is an example of how tree
screening should be used as a buffering method for buildings in this area.
New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
A network of wide pedestrian streets and paths exist in this area. Most of these paths are located along public
roads,with smaller paths located within separate developments. There is currently a lack of continuous
connection between these two types of paths. Parking lots between public sidewalks and building entrances
create an uncomfortable walking experience despite a relatively short distance.
New commercial development can provide and experiential benefit to adjacent residents by constructing
paths that connect residential trails to businesses and public trails.
EXAMPLE IMAGES
k R
4
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`
ti.. 7 ..rts t_:
`#- 'r
City of Virginia Beach 77
AICUZ STUDY AREA: HILLTOP TO RESORT AREA
OVERVIEW
The vision for the commercial area betweenHilltop and the Resort Area includes a low-density buffer of
development along the Laskin Road corridor that serves the adjacent residential neighborhoods. The
residential community to the north surrounds a golf course and many residents have personal vehicles
to travel from their homes to golf courses. This embodies the relaxed and comfortable lifestyle that's
characteristic of this commercial area on the border of the Resort SGA in Virginia Beach.
DESIGN PRINCIPLES
This commercial area is beside
some of the most luxurious
homes in the area. The northern
residential community is located
around a golf course,with access
to a yacht club and beachfront
�� amenities within walking distance.
•
j. ` 6, o`'°� The residential character on
9 . the southern side of Laskin
, ° 0 Rd is much more dense with
j o�\` townhomes, apartments, and
°--`'` �P�P��' zz j relatively closely spaced single
family homes.
T. .�TRi- �
There is a sufficient vehicular
J_ -400
-� infrastructure here with
- 1\
roadways of up to 8 lanes in
Y`I 4<,_ `
73
combined width. Crosswalks
&WEBIRD DR
co -f
should be incorporated across
rn lighted intersections to increase
GI
,'_. t - ---.v E- , pedestrian safety and access.
I
A number of capital improvement
-,r ,Io . projects are planned in this area,
including gateway art that defines
the area as well as a bike path
planned for N Birdneck Road. New
developments should incorporate
these new amenities into their
plans.
GOALS
• Build upon the existing natural resources and extend the resort experience to public open space through an
interconnected system of parks and trails.
• Support mixed-use developments that will be necessary to achieve the goal of a year-round resort and will
enable the area to become more connected and walkable.
• Improve traffic calming, pedestrian circulation, bike circulation,vehicular circulation, and on-street parking
availability.
78 City of Virginia Beach
AICUZ STUDY AREA: HLLTOP TO RESORT AREA
SITE SCALES
1 ,_„., I_... tj is, Ivb,„ , _ _
4.o.
J
�:�t) 0 ;
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g
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0
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0.
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�4) •
i 03
t�X ^ if 1 i '. f
1*., -,..Li.to
, ._ _ _ a V ,at. -r*
Small Medium Large
• 0 S
The majority of commercial parcels in this study area are relatively small.All parcels are accessed via Laskin Rd
and N Birdneck Road. Existing parcels have individual vehicular entrances separate from adjacent parcels. Small
lots should consider possiblity of connected parking lots and utilizing shared parking to provide cross-parcel
access.
Medium sized lots in this area are adjacent to denser housing types and should be able to support future mixed-
use development constructed with respect to the style and scale of adjacent homes.
City of Virginia Beach 79
AICUZ STUDY AREA: HILLTOP TO RESORT AREA
EXISTING CONDITIONS
This commercial corridor is located along Laskin Road, a major thoroughfare that many people use to drive
to commute to the Oceanfront. The entire commercial area is within the boundaries of the APZ2,with close
proximity to Oceana Naval Air Station.
Most commercial parcels in this area offer services for local residents such as dining, religious venues, retail,
grocery stores and personal services. In addition, there are business catered to Resort Area visitors with access to
waterways to launch boats and biking tours of the area.
Commercial parcels here are accessed from the main road and are most safely travelled to by car. There are few
sidewalks, crosswalks, or designated areas for pedestrians to walk.
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ti,
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in
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- — Qq�E-
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G / Resort Area SGA
/e
eL UEBtRD ! / °'' g'
}
I Z ; .ru nt / r<;;
- I 1 / '4Cn�y�,
80 City of Virginia Beach
AICUZ STUDY AREA: HLLTOP TO RESORT AREA
EXISTING CONDITIONS
Street Network ,,,,,c
The street network in the residential
.9, -4 mg jo,„,
communities surrounding the 8
commercial area is a winding,
t ‘-
suburban pattern with one or two �.- �
P S
connections to main roads. '�- Q 4 ! "
L,. _'/ ,i'.
onot nei hborhood streets. *•!et
g '',
Environmental Conditions :/ ill
i
Vr
This area is succeptible to flooding ,,,,��"
from storm surge as well as localized , ,gitv
flooding during large rain events. l ;.
Some commercial properties are .•.,:_„w4t----„,)'*
adjacent to tidally influenced bodies _
of water.
New developments will benefit from close proximity to water, but must incorporate stormwater management
and other resilient building practices to mitigate local flooding.
Parking Conditions
Parking is provided by surface lots in the commercial area. In the residential areas it is provided by driveways.
All of the light gray on the map to the right represents parking areas
The orange highlighted areas in the map to the right represent sidewalks.The light gray indicates paved areas
designed for vehicles.
Neighborhood Access 4
03
iikNeighborhood access to this _ 3 commercial area happens via the - ,ate
main roads. Currently the rear of * �;:�
commercial parcels have a service
road and often a natural buffer Pr
between neighborhoods and the �'-
•
70,17.1100
rear of commercial parcels. 4
, ,,
There is a good sidewalk network ''SF "4,{
along public roads here.These '‘
g k. i:
sidewalks should be connected to
interior sidewalks in commercial -t. •„,„ x.
properties with painted sidewalks gv -
or raised speed tables with visual FL •in
indicators of pedestrian traffic. ,Ave
City of Virginia Beach 81
AICUZ STUDY AREA: HLLTOP TO RESORT AREA
IMPROVED CONNECTIONS
Based on current conditions,the residential community to the north must travel to this commercial area by car.
As there are only a few roads leading out of the neighborhood,traffic congestion is a strong possibility as these
parcels are developed. Offering an alternative to driving to residents of the golf-course community is encouraged
here as many homeowners have small personal vehicles that can be operated on smaller paths .
Residential parcels to the south should be enhanced with biking and walking connections up to the commercial
areas of Laskin Road. These can be constructed along existing streets, between the road and the natural
landscape of mature trees and bodies of water.
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City of Virginia Beach Active Transportation Plan
Existing Facilities
Shared Use Paths
-�-. Conventional Bike Lanes(On Road)
Sidepaths
Nature Trails
Recreational Loop
Proposed Facility Type(Current)
Shared Use Path
— — — Protected Bike Lane
Bike Lane
Sidepath
82 City of Virginia Beach
AICUZ STUDY AREA: HILLTOP TO RESORT AREA
NEIGHBORHOOD COMPATIBILITY
The existing neighborhoods surrounding this commercial area are zoned for residential use. There are often
mature trees and water features that act as a buffer between residential and non-residential uses. These
residential areas are composed of single-family detached homes and attached townhomes.
The rear of many commercial properties in this area border the yards of private single-family homes. In these
instances, new commercial develpoment should maintain the serenity of that private yard by buffering the
rear a tree lined street with a wide sidewalk between the rear of both properties.
In instances where commercial property abuts a residential development with multiple owners,there should
be an attempt made to create a pathway that may allow those within biking or walking distance to travel to
commercial areas without using a car.
The neighborhood is home to several retirees and vacationers and has a relaxed character that commercial
developments should embrace. Constructing park-like places for resting and well-lit continuous tree-lined
paths for people to walk from their homes to individual businesses comfortably should be a goal of new
development.
•
❑1 1❑ ❑l D ❑^ ❑ 1I •`_r=k-F-Iiii. Ell - fill ' Ei] .
New Taller Buildings at street edge New mid-size Buildings Existing Single Family
-Rear of buildings facing Residential
property line to maintain
privacy
A network of wide pedestrian streets and paths exists in this area. Most of these paths are located along public
roads,with smaller paths located within seperate developments. There is currently a lack of continuous
connection between these two types of paths. Parking lots between public sidewalks and building entrances
create an uncomfortable walking experience despite a relatively short distance.
New commercial development should provide and experiential benefit to adjacent residents by constructing
paths that connect residential trails to businesses and public trails.
EXAMPLE IMAGES
A P:
i►
4
A
C ' t-{ 4 s _ ' 6-. ' b 1- i _f � ` tit
.ter ��E. y ' i fit. '''
7f S -1r ..� x`i
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e1111%04,444:r. : ter x `,;
City of Virginia Beach 83
LOB ('-PACT DEVEL -P�ENT (LID) DESIGN �NUAL
Stormwater Management
The Low Impact Development (LID) design manual for urban areas was developed by the University of Arkansas
Community Design Center to facilitate design improvements and practices with regards to stormwater
management throughout all avenues of development and home ownership. The following examples illustrate
"hard engineering" using such infrastructure as pipes and pumps and "soft engineering" which the LID favors
and utilizes the natural environment and landscape in order to provide positive impacts on handling stormwater
and runoff.
The following practices should be implemented where possible in commercial redevelopment opportunities
in an effort to improve stormwater
management and flood resiliency.
•,
How can we - `
employ curb • - �>
d ,,,,Sw;a alternatives?
mfiit:at,
How can we --
transform the sv• How can we
street right-of- % -ry integrate LID
way? -w
� Iandscapes?
zY
''Y t
t W
- roff �y
V'111'.!3fK1-
V
Pixelated Parking ,..
An intrinsically adaptive solution, ideal for retrofits, `s y.`y, ..,
pixel configurations propose localized replacement of , ' 9'
impervious surfaces with absorbent landscape islands and -
pervious paving.Recognizing that the outer 40 percent of ► 'I-' +
many commercial parking lots are only used during peak "'
demand twice a year,the lot frontage offers an excellent -
public garden without sacrificing parking capacity. The ,..:
pixelated parking solution reduces stormwater runoff .
through the addition of trees and pervious paving, ` N
eliminating the need for conventional pipe-and-pond :"; itior �:-;
solutions. •• V
♦y • ',.r,t
Water from impervious drive aisles flows to the pervious ♦♦,��^ . �1
parking stalls.slowing and redistributing runoff.Through ♦ �,t�' 4
curb cuts(see`Curb Alternatives"pp.96-97),or flush .' - note:provide perforated
age
curbs,the water is directed to vegetated islands,which v:ater ' stormwato runoff an dues toring
are connected by a bioswale or underground oversized R -t r`'q ' rge storm events,asp cially
pipe.Peak flows eventually end in an overflow infiltration . • i for poorly-drained soils
basin for groundwater recharge.If space is unavailable for
an infiltration basin or other detention facility,stormwater Fi
can be detained in an underground storage facility for 'V
slow release into the municipal stormwater system. W
i
Spread .
`�."" Sod `'.
Remove curbs and sunk tree For 10 to 2riyarr storm swans. the oeerszec pipes to connect
islandsin parking stai':s to`acme use underground storage if soils 6ioaweles to an infiltration base^
and flat stor-rnvater from one are poorly drilled or land area is or a uetentior pond.which retain
to ten-year storm events as 6rnited.Underground Detention and infiltrate runof&rrmu+gg 25
it enters treatment tanoscapes. pp 152-153 and 11kt Uauf pp to Sar ye storm events
Bioswale pp.182-183 156-157 Retent,on Po>dpo.'6-161
Low Impact Development Fay Jones School Of Architecture
A deli n manual University of Arkansas Press �ID_.-i.--,
g A Collaboration
for urban areas Fayetteville 2010 akiimaiiiiii._,_
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
84 City of Virginia Beach
Stormwater Management
check drm:..._.
(Mats:
Ache, • E
cart,a rock)
•
AN aim litai -
Dry Swale
A dry swale,or grassed swale,is an open grassed conveyance — -—1
channri that filters,attenuates,and detaire stomiwater runoff as it •
mores downstream.
-„ \ \--abpe.3:1 or less
L---.err ended sot mh
.—...._..titter fabric overflo..
` f for
W W — -3•'a'gvwl base'::porxlf-
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(nfiitration Trench
abnc-lined
ocasabon
Infiltration trenches are laminated systems with fabric-lined
excavations atop a fabric-lined reservoir to increase infiltration. g wf., ---— flier febnr:-ruled
•±'��w.c �_ container_no deer
crushed good me
v�!"
eunrfonrey graded
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r f 1g gra ao%void
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ate
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Low Impact Development Fay Jones School Of Architecture
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A Collaboration
for urban areas Fayetteville 2010
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf • ` +_
City of Virginia Beach 85
Stormwater Management
4
Filter Strip
A filter strip is a sloped medium that attenuates stormwater runoff
by converting it into sheet flow,typically located parallel to an
impervious surface such as a parking kit,driveway,or roadway. n,--~ {
slope,2:1 or Ira.—__- si,
aid in ,1
ad
soil••---.._�.. .......
'n minor
infiltration.but are 20,100'width
not necessary
RmAarwcaa
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Atireaoa Urban Smd SMs uav Marx.
V
6. . A
Bioswale .,....„ , _ ilii -
A bioswale is an open,gently sloped,vegetated channel designed "� — ---___
for treatment and conveyance of stormwater runoff. ' -
,
:
i v :--.4, i..,vmge,abon succ.Seits,
,
•
`. ;'�' ��.........._.n,�h layer.7-3'with
ti Y "V \. \ 1 3 slope or less
\:*,:'
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� \ Iy 45%sad.
ry. '\ 359Etr:p sd,end
e/ \t NS .` 20%compost
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'N N. sale
._�..r._pe,f.ahc
underaam '
storm masts
rilwwns:
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A deli n manual University Of Arkansas Press '
g A Collaboration
for urban areas Fayetteville 2010 rn
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http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
86 City of Virginia Beach
Stormwater Management
Riparian Buffer
A riparian Gutter is a stop of Fydtt sal with facultative vegetation - a iaa wawai
along the banks o1 a rfall a stream offering oche ecotone serves.
� .u.n arrggrr
Barr ovrampai
N.Y - Vow• rv�M-
.;,4 mtv.�rarierry�
r' a s cane t:wrerMOtl
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is kpr.f
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ssa
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Constructed Wetland
Cons o cted wetlands bee artificial marshes or swamps with
permanent stardmy Ovate!that offer a full Rage of ecosystem - t
services to treat polluted storrtmrater.
�r t
1.
Low Impact Development Fay Jones School Of Architecture
A design manual University Of Arkansas Press
A Collaboration
for urban areas Fayetteville 2010
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
City of Virginia Beach 87
Stormwater Management
r .
r
t _ .
Retention Pond = e
A retention pond,also known as a wet pool or wet pond,is a ys.•a
constructed stormwater pond that retains a permanent pod of water, �i
with minor biological treatment. �„am„r ::g. .., `\L 1 \
e°.:cage trier ;s a' `r'' \ \
Wet pa reams`e pollutants through tiokgaeluptake pouter.and sedrnentatar. MYnwaniu") \\t
The amount of'met a rts flat are removed from storm voter runoff is proportionate _ - -•
tc the ingftr of time runoff remains in the�.as well as the relation of runoff to —' t )
retaar� pond volume Since rotvetun ponds must maintain
a ponerd pod \ i
cannot be constructed areas with insufficient preaptaton or higNy permeable i't \ \ t--- -..
sulks,unless the sold s;Arlo.led a wedeln with clay.Generally,continua damage n,; S ; \ —^--^w..ear
inputs are required to maintain pemrann'nonl levels. , — ---- i &1 ads
rb
One advantage of a-etent er pond is the presence of aquaticinner
papery \i i., -- gaitamar t
planted and rnanlaned.The use of a pond aerate a necessary to prevent stagnation
and algae growth that inn lead to eutropPicabon.or sr anaerobic errrrorment.A `L..—.__._._pandas*,
balanced aerobic environment a a i.e�rnery ccnoie.to aquatic life and pest
control.Regular maintenance inspections we needed to ensure proper drainage, bra
aerobic functisning and aerator,and motive health.Trash,debris,and se.lira:it
wi need to be removed perodcdy. si+wercev
La.Impact Doom pawn P.N.k,r i S7
laser s-s Sans P&P
EFa Sew.Altar tierecaru Frt Slerr-:4Y.OMadan fiord
_ou lored Qicdnarge
outlet
detention area
Inlet pipe
Detention Pond •
•
Detention ponds,or dry ponds,are stormwater basins designed to
intercept stormwater runoff for temporary impoundment and metered .
discharge to a conveyance system or a receiving waterbedy. -
0 - - —metered dm:+wge
Detention pones are designed to competefy evacuate water from stoma everts, outlet
usually within 24'roars.They primarily provide runoff volume control reduong .
peak flews that cause ocrasr team scouring and loss of aquatic:hahita•.As a a
general rule,detention ponds should be implemented for drainage areas greater --_Q_ - _ --
Attpai
than 10 ems.On mate,sites it may be dfficuk to provide control since outlet -
diameter specifications needed to control smal'.storm events are small and thus
prone to doggng.Asc.treatment costs per acre are reduced when impemented —4.` .— let debts
at larger scales. �..i9
ife
-•_.._..__.....� outlet pipe
Re suspenaon of settled matend is a large dorcem in these systems,requnng +.,
periodic sedment.debris,and pollutant removal.Detention ponds do not pronde __. ...__.._._.—..____._.......____...__._. __-- for to..
nhhratnn and are therefore best used within a network that provides biological
treatment.
.manse:
Law Impact D relopne d AOr.d in arnige,
Aare*then Sone Sites&Was,*
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Low Impact Development Fay Jones School Of Architecture
A desi n manual :.,. ...,.
University Of Arkansas Press LID
g A Collaboration ,
for urban areas Fayetteville 2010
ikicaiiiiiiiitl
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf
88 City of Virginia Beach
Stormwater Management
Infiltration Basin —fiat base foor
witn oense plant
Infiltration basins,or wet meadows,are shallow impound areas with
rmwa . •
t
permeble sols
higshtloy permteabulenoffdTheysiggnednottorettea mnpaoaeymdetantn andoifnfiwaltaeter `r+ Creation rates
— deeply-rooted•• r•r•---.7•1"1\--K�S rr• . ."tl`.o`....
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Underground Detention Mention cell
Underground detention systems detain stomiwater runoff prior to its i
entrance into a conveyance system. ''"
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auk;pype
JM� av -r Oe.b •.Y
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Low Impact Development Fay Jones School Of Architecture
A desi n manual University Of Arkansas PressL
g A Collaboration
for urban areas Fayetteville 2010 _
-•
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf -
City of Virginia Beach 89
Stormwater Management
A Iv
046,44*
Tree Box Filter
A tree boa filter or in grand eel mrssts at a container Had with r,,,kr,yya..7J
ur amended sod and planted with a be, derlain by crushed gravel - ---wended.w i7-3B
made. ' bore
M.Wax
..* i \•` tt
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tar)
aw..�..
ua ++�tow r......a dnmK�+
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ea 429
- 2 c
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7 .41*-
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Tree Box Filter -
A tree bco filter or in ground eel consists of a container filled with
amended - �� mid b�.7amended soil and planted with a tree,underlain by crushed gravel _,.1 tr e..a.n.r;m
' aeon?.rfi e.rgd
r4 ball)
1.n Ye tibric
k -3' R� —'--ied«reo
undermin
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v ___..,.roan Eono
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w...ti-.e.,sror S.ary rr...+
Low Impact Development Fay Jones School Of Architecture
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for urban areas Fayetteville 2010 7
http://www,bwdh2o,org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010,pdf -,al +" .
90 City of Virginia Beach
Stormwater Management
1# . -
i
Underground Sand Filter
An ur�denTiters,
sound sand fitter is a"'teethe
system that
pretreats,fit rs,and temporar ty stores the first flush of stomrwater � - ym
runoff. 'j! .. rr va d%
-`
a.aa.m,
.shay modem.trebly—_.._,
v+Y "I
Surface Sand Filter
Also known as a filtration basin,a asfece sand fitter utilizes a Pe
flow sphtter.wet/dry sedimentation forebay.and sand filter bed to
manage nutrient bads ii the first flush of runoff. ti
tom' -----ammowed
•, —as tr<
prhaied
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or urban areas Fayetteville 2010
http://www.bwdh2o.org/wp-content/uploads/2012/03/Low_Impact_Development_Manual-2010.pdf `'.�1 ==`
• City of Virginia Beach 91
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Virginia Beach Commercial Area Pattern Book
2023
92 City of Virginia Beach
Virginia Beach Planning Commission
May 10, 2023, Public Meeting
Agenda Item # 3
City of Virginia Beach (Applicant)
Ordinance Amendment
RECOMMENDED FOR APPROVAL — CONSENT
Mr. Horsley: Thank you. The next item on our consent agenda is item number three, the
City of Virginia Beach Resolution to amend the city of Virginia Beach
Comprehensive Plan by incorporating Commercial Area Pattern Book, and
the Flood Resiliency Toolkit. Hank Morrison will read that.
Mr. Morrison:Good afternoon commissioners. All right, so this request is to amend the
reference handbook of the Comprehensive Plan by incorporating two
documents, the Flood Resiliency Toolkit and the Commercial Area Pattern
Books into the documents adopted by reference. The Flood Resiliency
Toolkit is a document that provides guidance and best practices for
residents to improve resilience to flooding in their homes and within their
communities. The Toolkit provides a range of recommendations based on
the amount of time and money that property owners would need to invest.
So this could range from something as simple as storing valuables above
the base flood elevation at their home to incorporating things like rain
gardens in their property, all the way up to elevating your home out of the
base flood elevation. Can you go to the next slide, please? The
Commercial Area Pattern Book provides a step-by-step guide for phased
redevelopment of existing commercial areas within the suburban area of the
city. It aims to make the redevelopment process more predictable for both
developers as well as members of the community. And it's really intended
to be a conversation starter between communities, developers and planning
staff in the early stages of redevelopment. This project began back in
February of 2022, so staff worked with a consultant, work program,
architects. We worked very closely with the community to understand what
the residents vision was for this particular area of the city. We held six
different public meetings and presented to multiple Civic Leagues and City
Boards and Commissions like the Bayfront Advisory Commission, Active
Transportation Advisory Committee and the Virginia Beach Vision Group.
Staff has tried to engage pretty continuously with the community throughout
this project. So we included, we had presentations to the Princess Anne
Plaza Civic League last month as well as at the Bayfront Advisory
Commission meeting in April. So, and at their last meeting, the Bayfront
Advisory Commission voted to support this request. So staff is gonna
recommend approval of this ordinance as it's attempting to improve the
quality of life for residents by increasing resilience to flooding, in other
extreme weather events and also assisting with the redevelopment of aging
commercial centers while maintaining the compatibility with the existing
residential communities that they adjoin. So thank you very much.
Mr. Horsley: Thank you. Now, I neglected doing that on the first of what is any opposition
to this amendment, hearing none. Next item is item number four,
Commonwealth Auto Group. Is there applicant here?
Mr. Horsley: Thank you Ms. Cuellar. So Mr. Chairman, the consent agenda consisting
of item number one, number three, number four, number five, number six,
seven, eight, nine, and 11 moved, they be approved on the consent agenda.
Mr. Alcaraz: Thank you, Vice Chair. Do I have a second?
Mr. Coston: Second.
Mr. Alcaraz: Second by Mr. Coston.
Madam Clerk: The vote is now open. By vote of eight to zero items one, three, four,
five, six, seven, eight, nine and 11 have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 2
Alcaraz AYE
Anderson X
Byler AYE
Clemons AYE
Coston AYE
Cuellar AYE
Estaris AYE
Horsley AYE
Parks AYE
Plumlee AYE X
M. APPOINTMENTS
ACTIVE TRANSPORTATION ADVISORY COMMITTEE
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
GREEN RIBBON COMMITTEE
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING COMMITTEE
TIDEWATER COMMUNITY COLLEGE BOARD
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
***********************
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
**********************************
***********************************
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and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
*************************
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Document Archive. If you would like to receive by email a list of the agenda items for each
Council meeting,please submit your request to TChelius@vbgov.com or call 385-4303.
Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to
participate virtually,must follow the two-step process provided below:
1. Register for the WebEx at:
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2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
June 6, 2023.
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS 0
S
B S
E - S
DATE:05/16/2023 PAGE: I R H H C
L HOR A H T W W
U E L EMR U A I 0
CDNCMMOL Y L O
CYL 0 I OUML S T
AGENDA HE EMCN S A O O E
ITEM# SUBJECT MOTION VOTE I R YBK DENRNN
I. CITY COUNCIL'S BRIEFING
A. "PROJECT WAYNE"UPDATE Taylor Adams,Deputy
City Manager
II.— CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y AY
V. SESSION
A-F
G. MINUTES
1. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY
May 2,2023
2. SPECIAL FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY
May 4,2023
3. SPECIAL FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY
May 9,2023
H. MAYOR'S PRESENTATIONS
1. PROCLAMATION—Historic Preservation
Month
Sharon Prescott,Chair-Historic Preservation
Commission
2. PROCLAMATION—Public Works Week
Jeremy Kline,Deputy Director—Public Works
Phillip Koetter,Operations Engineer—Public
Works
I. PUBLIC COMMENT
1. POTENTIAL REZONING OF A PORTION OF 23 SPEAKERS
THE INTERFACILITY TRAFFIC AREA(ITA)
TO ALLOW LIGHT INDUSTRIAL USES
"Project Wayne"
K.1. Ordinance to AMEND City Code Section 10-1.1 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY
re ADD the Kempsville Area Library as a CONSENT
location for Absentee Voting in person
K.2. Resolution to MOVE the July 4,2023,Regular ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY
Meeting of the City Council to July 18,2023 CONSENT
K.3. Resolution to OUTLINE the process to occur DEFERRED 9-1 Y Y Y Y Y Y Y Y Y AN
upon completion of the Interim Agreement and INDEFINITELY
Future Schools Facility Design Processes
(Requested by Mayor Dyer and Council
Members Remick and Taylor)
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS 0
S
B S
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DATE:05/16/2023 PAGE: 2 R H H C
L HOR A H T W W
U E L EMR U A I O
CDNCMMOL Y L 0
CYL 0 I OUML S T
AGENDA HE EMCN S A O O E
ITEM# SUBJECT MOTION VOTE _ I R YBK D E N R N N
K.4. Ordinance to TRANSFER funds and to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY
AWARD a$50,000 grant to The LAMBS CONSENT
Foundation re support the coordination and
organization of the 2023 Juneteenth Festival
(Requested by Mayor Dyer and Council Member
Wooten)
K.5. Ordinance to APPROPRIATE$1.2-Million ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y AY
from Parking Enterprise Fund Balance to CONSENT
FY2022-23 Economic Development Operating
Budget re provide micro-transit services in the
Resort Area
K.6. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y
$32,025 from a Class Action Settlement to CONSENT
Capital Project#100397,"Storm Water Quality
Enhancements II,"re mitigate storm water
pollutants and improve water quality
L.1. COMMONWEALTH CATHOLIC DEFERRED TO JUNE 10-0 Y Y Y Y Y Y Y Y Y AY
CHARITIES/CATHOLIC DIOCESE OF 20,2023
RICHMOND for a Modification of Conditions
re group home at 642 North Lynnhaven Road
DISTRICT 8(Formerly District 5—Lynnhaven)
L.2. THE MINWER&JULIA SUBEH APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
REVOCABLE JOINT TRUST DTD CONDITIONED,BY
8/29/2013 for a Change of Zoning from B-2 CONSENT
Community Business to I-1 Light Industrial and
a Conditional Use Permit re bulk storage yard
at 728 South Military Highway DISTRICT 1
(Formerly District 2—Kempsville)
L.3. PRINCESS ANNE VILLAGE,LLC/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
PRINCESS ANNE VILLAGE,LLC&CITY CONDITIONED/
OF VIRGINIA BEACH for a Conditional MODIFIED/AS
Change of Zoning from AG-2 Agricultural PROFFERED,BY
District to Conditional PD-H2 Planned Unit CONSENT
Development(R-10 Residential District)and a
Modification of Proffers to a Conditional
Rezoning re properties located at 2369,2373,
2375,2377,2381,2385 Princess Anne Road and
2393,2401,2413 North Landing Road,Parcel
between 2393 North Landing Road&2385
Princess Anne Road DISTRICT 2(Formerly
District 7—Princess Anne)
L.4. AMIR YAHYA RAZI for a Conditional APPROVED/AS 10-0 Y Y Y Y Y Y Y Y Y Ay
Change of Zoning from AG-2 Agricultural to PROFFERED/
Conditional B-2 Community Business and a CONDITIONED,BY
Conditional Use Permit re automobile repair CONSENT
garage located between 2989 and 3005 Holland
Road DISTRICT 2(Formerly District 7—
Princess Anne)
L.5. CHRISTINA DANIELLE PATTERSON/JN APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y AY
&RBD,LLC for a Conditional Use Permit re CONDITIONED,BY
tattoo parlor at 328 Office Square Lane,Suite CONSENT
203 DISTRICT 1(Formerly District 2—
Kempsville)
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS 0
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DATE:05/16/2023 PAGE: 3 R H H C
L HOR A H T W W
U EL EMR U A I O
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CYL 0 I OUML S
AGENDA HE EMCNS A O O E
ITEM# SUBJECT MOTION VOTE I R YBK DE N R N N
L.6. BOLD BEAUTY INK,LLC/ALVIN J. APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
LANESE TRUST for a Conditional Use Permit CONDITIONED,BY
re tattoo parlor at 968 South Oriole Drive,Suite CONSENT
100 DISTRICT 6(Formerly District 6—Beach)
L.7. PATRICIA A.GANDY/SCOTT M.GANDY APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y
&PATRICIA A.GANDY for a Conditional CONDITIONED,BY
Use Permit re home-based wildlife CONSENT
rehabilitation facility at 102 Willow Drive
DISTRICT 6(Formerly District 6—Beach)
L.8. WILLIAM J.WRIGHT,JR./BEACH APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
FRONT FINANCING,LLC for a Conditional CONDITIONED,BY
Use Permit re short term rental at 911 Pacific CONSENT
Avenue,Unit C DISTRICT 5(Formerly District
6—Beach)
L.9. TARA RYAN/PACIFIC AIR 3,LLC for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
Conditional Use Permit re short term rental at CONDITIONED,BY
925 Pacific Avenue DISTRICT 5(Formerly CONSENT
District 6—Beach)
L.10. MILTON J.PRICE,III for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Ay
Permit re short term rental at 303 Atlantic CONDITIONED,BY
Avenue,Unit 603 DISTRICT 5(Formerly CONSENT
District 6—Beach)
L.11. FRANCES ROBBINS OMAN for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y AY
Conditional Use Permit re short term rental at CONDITIONED,BY
4005 Atlantic Avenue,Unit 217 DISTRICT 6 CONSENT
(Formerly District 6—Beach)
L.12. Ordinance to AMEND Oceanfront Resort Form- APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y AY
Based Code Section 5.3.7 re temporary CONSENT
commercial parking lots
M. APPOINTMENTS RESCHEDULED B YCONS E N S US
ACTIVE TRANSPORTATION ADVISORY
COMMITTEE
ARTS AND HUMANITIES COMMISSION
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY
COMMISSION
BOARD OF BUILDING CODE APPEALS
CLEAN COMMUNITY COMMISSION
GREEN RIBBON COMMITTEE
HAMPTON ROADS PLANNING DISTRICT
COMMISSION
HEALTH SERVICES ADVISORY BOARD
HOUSING ADVISORY BOARD
HUMAN RIGHTS COMMISSION
INDEPENDENT CITIZEN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PLANNING COMMISSION
PROCESS IMPROVEMENT STEERING
COMMITTEE
TIDEWATER COMMUNITY COLLEGE
BOARD
VIRGINIA BEACH CANNABIS ADVISORY
TASK FORCE
WETLANDS BOARD
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS 0
S
B S
E - S
DATE:05/16/2023 PAGE: 4 R H H C
L H O R A H T W W
U E L E MR U A I 0
C D N CMMO L Y L O
C Y L 0 I OUML S T
AGENDA H E E MC N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y B K D E N R N N
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT 8:16 PM