Virginia Beach council approves air-rights street closure and height exception for 97-unit senior living tower at oceanfront

Virginia Beach City Council voted to approve two related items allowing construction of a 12-story independent senior living tower at Pacific Avenue and the 30-block oceanfront area.

The council first approved a street-closure and creation of two air-rights parcels above the existing 20-foot alley known as 30 Third and a Half Street, then approved an alternative-compliance request to permit a taller tower that would contain 97 independent living units and related assisted-living and memory-care units.

The developer’s attorney, Eddie Berdon, told the council the air-rights parcels would allow the tower to span a portion of the alley while leaving the alley open for vehicle and pedestrian traffic and adding sidewalks and lighting. “With that dedication, reserve the air rights contiguous to these two air rights parcels on the south side,” Berdon said during the presentation, adding the developer had accepted conditions recommended by staff including work on an aging sewer line under the alley.

The developer team said the project would provide 97 independent living residences for adults 62 and older, a range of indoor amenities — including an indoor pool, fitness and yoga spaces and a rooftop courtyard — and a management-controlled parking program. Developer David Jester said the project would include 157 parking spaces and on-site management would provide golf carts, bikes and controlled deliveries to reduce neighborhood impact.

Opponents asked the council to delay or reject the applications, citing concerns about inadequate parking, added traffic on the alley, pedestrian safety and the scale of the building. Resident Bill Kausch (signed in at the hearing) said a petition of roughly 31 nearby residents opposed the plan as proposed and urged the council to delay approval to allow the developer and neighbors time to negotiate changes. “We believe they need more than 57 parking. They need more like 200, 225,” Kausch said, referring to the parking analysis he submitted to the council.

Resident Susan Reed, whose property line is about 100 feet from the site, said the developer’s density study omitted assisted-living and memory-care units when comparing the proposal to a buildout under a 35-foot limit and raised concerns about noise exposure in the federal noise zone. “All 32 units [assisted and memory care] are going to be exposed to the same level of noise,” Reed said.

Developer representatives said the density and parking analyses follow the city’s alternative-compliance and parking standards. Berdon and David Jester said deliveries would be staged from Pacific Avenue, not the alley, and that the alley would be widened by 4 feet on the south side and improved with sidewalk and lighting to current standards. “We're adding lighting and we're adding management control of everybody that comes and goes in that alley,” Jester said.

Council members referenced the city’s form-based code, the comprehensive plan and the joint Navy-city review process that governs redevelopment in the oceanfront noise zone. Council discussion noted the alternative-compliance provisions were designed to prevent a net increase in resident density in the Navy noise zone while permitting limited tower exceptions for certain uses. The city’s staff and planning commission had recommended approval.

Votes and next steps: The street-closure/air-rights ordinance (L1) passed by a vote of 10-1. The alternative-compliance request and associated approvals for the senior living tower (L2) passed by a vote of 11-0. Council members directed the applicant and staff to follow the conditions recommended by planning staff and to continue neighborhood engagement as the project proceeds through design and permitting.

The approvals do not authorize final building permits. The project must comply with building codes, stormwater controls, traffic and public-safety requirements and the specific conditions attached to the approvals. The developer said it would meet with neighbors and planning staff as the design advances.

Why it matters: The votes allow a $60 million private redevelopment at the oceanfront that backers say will add year-round residents and senior housing options without public subsidy; opponents say the combination of height, parking and alley traffic will change neighborhood character and strain local circulation. The approvals require the developer to implement alley improvements, parking and delivery controls and other mitigation measures.