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City of Virginia Beach Agenda Item 2

Applicant & Property Owner City of Virginia Beach Public Hearing October 12, 2016

City Council Election District Beach

Request Rezoning (A-12 & A-18 Apartment to P-1 Preservation) Staff Planner Kevin Kemp Location 120 Marshview Drive GPINs

Site Size 98.9 acres AICUZ Greater than 75 dB DNL; APZ 2 Existing Land Use and Zoning District Undeveloped / A-12 & A-18 Apartment Surrounding Land Uses and Zoning Districts North & East Residential / A-12 & 18 Apartment, R-5S Residential South & East Residential / R-5D Residential & A-12 Apartment

Agenda Item 2


• The subject 98.9-acre site was conveyed to the City of Virginia Beach by the United Sates Government (Department

of the Navy) in 2014. Certain restrictions were placed on the property, which limit the use of the property to passive recreational uses and some active recreational uses. Construction and development on the site is limited to those necessary for recreational uses.

• The City wishes to rezone the subject property from Apartment District Zoning to P-1 Preservation District so that the zoning is aligned with the deed restrictions and the desired use of the property.

• Only the northern portion of the site, shown on the submitted plan as Phase I, will contain any development. All other areas of the site will remain undeveloped and in their natural state.

• In 2014, a parking area and a portion of the trail system was constructed at the terminus of Virginia Avenue. A play area was also constructed at the Virginia Avenue entrance. The improvements located near Virginia Avenue were designed to preserve several large Oak trees.

• The proposed development includes a new parking area located off Marshview Drive, new access from Indian Road, several fenced dog parks, picnic shelters, an open field play area, a playground, and a trail system connecting all three points of access to the site.

Background and Summary of Proposal


Zoning History # Request 1 CRZ (A-12 to Cond. A-12) Approved 10/20/2015 2 NON Approved 06/23/2009 3 CRZ (A-18 to Cond. A-24) Approved 12/07/2004 4 REZ (A-12 to R-5S) Approved 07/05/2000 5 REZ (R-7 to A-2) Approved 02/20/1986

Application Types CUP – Conditional Use Permit REZ – Rezoning CRZ – Conditional Rezoning

MOD – Modification of Conditions or Proffers NON – Nonconforming Use STC – Street Closure

FVR – Floodplain Variance ALT – Alternative Compliance SVR – Subdivision Variance

The site is located on the edge of the Resort Strategic Area as designated in the Comprehensive Plan and the Resort Area Strategic Action Plan (RASAP), which was adopted December 2, 2008. In order to support year-round activity at the oceanfront, one of the Development Strategies listed in the RASAP is to “grow residential.” This site falls falls somewhere between the urban and suburban, so both section of the Comprehensive Plan’s Special Area Development Guidelines were considered in Staff’s review. The first Guideline under Suburban Areas is “Natural Features” and calls for identifying existing natural characteristics of the site to be preserved and incorporated into the design of the development (p. B-7). The Urban Areas section also includes guidelines to recognize the importance of retaining the existing natural landscape where possible (p. B-2).

The site is located within the Owl Creek watershed. The site is undeveloped and heavily wooded. A large portion of the site is marsh. This site is a valuable natural resource for the City.

Street Name Present Volume Present Capacity Generated Traffic

Marshview Drive/Indian Road No existing traffic counts are available

No existing traffic counts are available

Existing Land Use 2 – 8,500 ADT Proposed Land Use 3 – 1,582 ADT

1 Average Daily Trips 2 as defined by 98.9 acres of Apartment zoning

3 as defined by 98.9 acres of City park land

4 LOS = Level of Service

Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Marshview Drive and Indian Road in the vicinity of this application are considered two-lane undivided local streets. The existing infrastructure currently resides in a 50-foot right-of-way. Neither are included in the MTP. There are no roadway CIP projects slated for this area.

Comprehensive Plan Recommendations

Natural and Cultural Resources Impacts

Traffic Impacts

1 2

3 4 5


The proposed change of zoning on the subject parcels from Apartment District to Preservation District is recommended for approval. Changing the zoning of the property to a zoning district that supports its use as a public park, in Staff’s opinion, will ensure the fruition of efforts to provide the citizens and visitors of the City with enriching recreational opportunities in a unique forested setting. The proposed park is located in an area that contains dense residential development, and therefore is easily accessible for the members of the surrounding communities to take advantage of the proposed amenities such as multiple dog parks, a trail system, picnic shelters, an open field play area, and playground area, all which are resources that are needed in the subject area of the City. The proposed change of zoning will remove a zoning allowing multi-family residential development from a parcel that has significant natural resources. It will also ensure that the site be used only for recreational uses and low-impact development that supports them, therefore aligning with the deed restrictions associated with the City’s purchasing of the property. A large portion of the site will remain undeveloped, maintaining the natural condition of the marsh land and protecting environmentally sensitive land.

Evaluation and Recommendation


Proposed Site Layout


Site Photos

city of virginia beach october 12, 2016 city council ... · public hearing october 12, 2016. city...

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