Running head: ARCHITECTURE AND DESIGN

Architecture and Design

Jack Stephenson

First Colonial High

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Abstract

This paper explores the many aspects of architecture and design. The first section includes

information about what is required of a house to run and addresses the range of plot sizes, as well

as zoning information. After, information about what is required of a stadium and includes

information from Jason Armstrong, an architect working locally on the Virginia Beach Arena.

Then information regarding sustainability and the contrast between a green practice is defined

followed by a couple of examples. Next, the paper goes into building copyright and how it is

linked with liability. Then how eminent domain works, and a case in Virginia Beach where a

couple was evicted from their home.

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Introduction

Architects, designers, and builders all have to work together in order to make a successful

structure. Architects work mostly on the physical design of the building, making sure the parts

are sound and can endure the elements of nature. The designers work on both the interior and

exterior of the building providing aesthetics as well as creating the overall sense or mood of the

building. The builders make the project happen, and are made sure to have the building properly

constructed in order for it to pass inspections, and function in the way intended. Currently there

is a trend toward going green when creating buildings in order to reduce carbon footprints, and

keep functioning costs down over the course of many years. With programs like LEED, PEER,

SITES, EDGE, GRESB, and Parksmart, a house can be certified as being a green place

("Certification Programs," 2016). Architects use these programs as a form of checklist to

measure the amount of environmentally friendly methods to use in their building. The more

green assets, the more points a building earns and can be considered for a higher level

certification (J. Armstrong, 2016). Architects and designers have to work with the community

needs as well, making the structure fit the certain niche the community needs. However, in the

instance the building fails (i.e. a harsh storm hits), and the integrity of the structure did not hold

up to what it was required to the liability is in the hands of the architect. Though one may

suspect the inspector had failed to act prudently, in the case of LOUISIANA STADIUM v. BFS

DIVERSIFIED the architectural company was found liable for the collapse of the Louisiana

Stadiums roof during Hurricane Katrina (2010). Architects have to follow a course of rules in

order to meet the trending qualifications, social acceptance standards, and legal requirements in

order to create a successful impact and structure.

Legal Necessities of Building a Home

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Before every house, business, or stadium is built it must be planned out and meet certain

regulations according to each city in order to be crafted. These regulations are known as building

by laws. Building by laws include how wide setbacks can be (setbacks are like the side yard,

front yard, and back yard), amount of green, how high the house can extend, the room between

buildings, distance from high voltage power lines, etc. It is important that architects have the

knowledge of building by laws applicable to the province. Building by laws help set a standard

for residential areas, hotels, and the other twelve separate districts helping keep order (Bhati,

2014).

Among the building by laws, zoning plays a large role in the building process.

Zoning refers to regulations of the use of land and the placement of structures on the lands

("Zoning Administration). Essentially, the city is divided into separate districts where each

district has different regulations based on house size. Virginia Beach has fourteen districts: P-1

Preservation, AG-1/AG-2 Agricultural, Residential, Apartment, Hotel, Office, Business,

Industrial, Planned Development, Historic and Cultural, Resort Tourist, Shore Drive Corridor

Overlay, Old Beach Overlay, and Historic Kempsville Area Overlay ("Zoning Districts General

Description and Purpose," 2016). The residential district is by far the largest which allows larger

lot sizes classified as R-40, R-30, and R-20 for more rural areas like Pungo; the smallest sizes are

for Residential Townhouses classified as R-2.5. An R-40 lot must have a minimum square feet

of 40,000 ft, while an R-2.5 has only 1,400 square feet minimum. Though the size of the land is

different, as far as regulations on that land goes there are few differences based off of what is

allowed/not allowed on the property. The townhouses are not allowed to have cemeteries, be

dormitories, a fraternity house/sorority house, a home-based wildlife rehabilitation, a senior

residential care, or have roof mounted wind energy conversion systems. Though it does not
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seem reasonable to practically run any of the above listed in a small vicinity. On the other hand,

the larger lots have only a few more capabilities not available to any other size lot such as:

Horse stables, and free-standing wind energy conversion systems ("ARTICLE 5. -

RESIDENTIAL DISTRICTS," 2016).

Though building by laws address plot sizing and what residential districts are allowed to

have, it does not address the physical design of the home or a building. Architects, naturally

being creative, want to leave a favorable impression on whoever is interacting with that building.

Mark Kushner explains this concept of how there is a pendulum that sways back and forth on

one side holding innovation, and the other symbols. Starting with the 70s Kushner talks about

how architects have been toying with the concept of brutalism where there were smaller

windows, and a dehumanizing scale (Figure 6.9). Then when the public can physically interact

with the structures two, three, even four years later and either accept or deny the proposed

building, people want to go back to the traditional values of columns, and arches influenced by

the greek and roman style (Figure 4.1). Symbols that represent stability, and strength.

Though, people do not realize it, they interact with buildings on a daily basis. When a person

looks at the White House for instance, the use of columns elicits a sense of democracy,

protection, and strength due to the influence of Greek architecture from people like Socrates.

Architects use this subliminal technique to leave an expected first impression in an individual

according to its purpose/intended purpose (2015). Olympic Stadiums are a great example of this.

Every four years the stadiums appear to becoming more complex when built from scratch, rather

than recycled. Look at the Ice Cube in Beijing or the proposed National Olympic Stadium in

Tokyo. However as time progresses and technology is ameliorated, people are able to respond to

a house or building design before it was ever constructed via social media and realistic
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renderings of the building in the surrounding environment. This allows architects to get the

feedback they need in order for the community to respond to the proposed building and get the

best impact in society (Kushner, 2015). In figure 9.6 the proposed Virginia Beach Arena is

rendered in its proposed location on 19th street standing realistically as a foil to the Convention

Center.

Virginia Beach Arena

Jason Armstrong is an architect for S.B. Ballard Construction who is in charge of the

construction of the Virginia Beach Arena. During a professional interview he first started talking

about sustainability, which he said is hands down the most trending facet that architects have to

consider. Sustainability is all about keeping energy costs low by keeping the outside isolated

from the inside. Since the client is paying the money on the construction, they generally do not

want to spend thousands dollars more maintaining that structure per year.

LEED is a formal standard checklist that was generated by the U.S. Green Building

Council (USGBC), though it sounds like a government agency the company is private. LEED

has multiple levels of certifications where a building can be approved and considered on a

scale from Bronze to Platinum on terms of sustainability. The more green practices a building

will use the more points it earns. Each building that applies for this program and is approved

later receives a seal either metal or glass to be displayed in the foyer of the building.

The Virginia Beach Arena will not use any formal sustainability practices like LEED,

however the building will be a monster energy consumer. Armstrong wants as much LED

lighting as possible which lasts longer using less energy, and to have an energy HVAC system.

The Arena is designed to be a sixty year building, so would have to be updated later.

Armstrong says that to an extent a venues primary purpose is all about the experience. As a
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builder, one has to balance flashiness to affordability and if something is meant to appeal to a

person on the exterior, then there is going to be a sacrifice on the interior and vice-versa (J.

Armstrong, 2016). The Virginia Beach Arena first introduced in 2014 is a large scale project

intended to complement the Convention Center on 19th Street. According to ESG Industries, the

arena is proposed to seat 18,000 people, and bring in more revenue than the projected cost at 210

million dollars. If the arena is completed in 2018, Virginia Beach farms an NBA team, and each

game is sold out the arena will profit $1,738,260* per game (based off of the average ticket price

of an NBA game). However, that is solely from ticket sales, where the average amount of money

a family will spend at the game will be $79,61,040* (based off of the average family spending at

an NBA game) this includes souvenirs, beverages, and concessions. In simply three sold out

games the arena has the potential of surpassing its projected cost by roughly 28 million dollars

(Jasthi, 2016). Also, these projections are based off of one team playing one season, while the

arena could host a myriad of teams, concerts, and shows.

The Virginia Beach Arena has been a long debated project in the City of Virginia Beach

for a couple of years now. The 18,000 seat stadium is projected to be completed in the Fall of

2018, and cost the city 210 million dollars. Though the price is steep, the arena will give the city

much more versatility than before. The arena will help bring more people to the southern end of

the oceanfront via concerts, sports teams, and help the spread of tourism expand from where the

tourism mostly lies now, near 30th street. However, the arena innately will cause more traffic

jams, and people would need more places to park versus simply using the Convention Centers

lot.

Granted each game will not be sold out and the expense of running the building will also

come into play, with the use of sustainability its maintenance costs would not compare to that of
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existing and/or outdated arenas. With the use of as many LED lights as possible, and as few

interaction from the outside to the inside, says Jason Armstrong, the building should save

thousands each year. Though the Virginia Beach arena is not going to be bound to any

environmental certifications such as LEED, or USGBC the architects like Jason Armstrong still

have the idea of incorporating sustainability in the back of their minds. Whatever helps the

client the most in the long-run, spurs our business, and potentially brings in new ones

(Armstrong 2016).

Sustainability

Sustainability is becoming an increasing trend in the way houses, buildings, and

businesses are designed and operate. Though, not to be confused with a green practice,

sustainability adheres to the whole process benefiting the environment versus just one aspect.

For instance, making a toy out of recycled newspapers is a green practice; however, then

shipping that toy across the ocean so it can be sold in different parts of the world contradicts the

green angle, not complying with sustainability as a process.

Even smaller companies are finding hundreds of thousands more dollars by investing in

sustainability. For instance, Blue Ridge Fiberboard, Inc. [BRF] manufactures reconstituted

wood products in Danville, Virginia providing the best quality products possible to

architects, engineers and contractors ("Blue Ridge Fiberboard Participates in Regional E3

(Economy, Energy, Environment) Project ," 2009). The company sought after improvement in

three important categories: Economy, Energy, and Environment. First Fiberboard started

implement[ing] lean concepts on the production floor, including Total Productive Maintenance,

Autonomous Maintenance, Set-Up Reduction, and 5S Workplace Organization. The company

also cross-trained its employees to increase its flexibility. To help the environment, BRF
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engineered a way to reprocess waste water allowing reuse, energy was maximized by

compressing air generation and distribution, replacing lighting, and utilizing waste heat

recovery (2009).

Architects and designers are constantly innovating systems that can help a new building

reduce its carbon footprint, and use the environment around it to help run parts of the building.

Though it can be argued that people participating in this movement could care less about the

environment and simply want to save money overtime, at the end of the day those people are still

contributing to helping the environment by utilizing it. The Blue Ridge Fiberboard was able to

save $200,000 in operational costs, and is expected to save an additional $300,000 each year.

Though the company had to invest in $160,000 worth of energy-efficient equipment, if their

workspace was designed on this concept of saving, would the initial price tag have been so high?

No.

Though in most markets today, switching to solar is ironically more expensive than

traditional natural gas, at least in Virginia. However, on the western side of the United States

investment returns on a single home are around $7 a month, or $2,000 over the course of 20

years (assuming a 2016 electric bill of $100/month and utility pricing fixed at 2.2% per year.)

According to Figure 2.3, provided by Google Solar, the majority of homes eligible to save a vast

amount of money are located on the western side. Though there are scattered areas in the

Eastern region, just the lower half of California practically covers the same area as the Eastern

coast combined ("Project Sunroof," 2016). Solar panels, though appeal to the green ideology,

ironically leak small amounts of radiation in the soil. In North Carolina there was a case of this

where a farmer was no longer able to grow his cash crop of peanuts and soybeans, simply

because there was something in the soil that inhibited their growth. It would be like taking a
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prescription drug to help cure a problem in the liver, and twenty years later find out that the drug

ended up messing up something in the heart. The panels are also better in areas like the desert

where the sun rays are far stronger and there are no trees to allow full day absorption; however,

now in the desert too the sand is covering parts of the panels which then collects less energy, so a

wiper type tool is being developed to dust them off. But, the problem with the wipers is they

drain a portion of the energy collected in order to collect more energy, which is a paradox in

itself. Though, the best way to use solar energy that will actually prove profitable, is to use it for

heating systems like water (J. Armstrong, 2016).

LEED is a third-party rating system most architects use to qualify their building as an

environmentally green structure. LEED stands for: Leadership in Energy and Environmental

Design; Green Business Certification Inc (GBCI) administers this program offering a variety of

levels for a variety of projects. LEED offers four certification levelsbronze, silver, gold,

platinumwhere each incorporated building strategy and practice earns a point for certification.

Bronze requires at least forty points while platinum status dictates eighty or more ("LEED | U.S.

Green Building Council," 2016). There are other third-party programs like PEER, WELL, and

SITES; however, LEED offers the most dynamic return on investment, while offering the most

current practices for architects to follow.

LEED-certified buildings cost less to operate, reducing energy and water bills by as much

as 40%. Businesses and organizations across the globe use LEED to increase the

efficiency of their buildings, freeing up valuable resources that can be used to

create new jobs, attract and retain top talent, expand operations and invest in

emerging technologies (2016).

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Though a building does not have to apply for a LEED certification to be considered

sustainable, or helpful to the environment. A draftsman can use the same checklist provided

from LEED or any of the other third-party certification programs, but do they have to give them

credit for the ideas?

Liability

Plagiarism is often the reason students are dismissed from college and punished in high

school. Though, typically plagiarism occurs by taking someones words and using it exactly as

ones own without giving credit; however, copyright dives a step deeper. Copyright is when the

original owner of the creation, idea, or work does not give the rights to the second person, and

this applies to buildings as well. The architect who designs an office space, school, or stadium

perhaps try to think of each possible situation where their building may fail. Under the United

States Code title 17, an architectural work is protected under section 102 of the Copyright Act

(Copyright Claims in Architectural Works, 2012).

Protection for an architectural work created as a work made for hire on or after

December 1, 1990, lasts for 95 years from the date of publication of the work or

for 120 years from the date of creation of the work, whichever term is less. A work made

for hire is one prepared by an employee within the scope of his or her

employment, such as an architect employed by a firm (2012).

In order for an architect to properly protect his/her work they must file it to the Copyright

Office in Washington, DC; there are additional fees for protecting technical drawings as well.

Whether it be from a natural disaster, too much stress at a certain point, or even high wind

speeds, one has to think about the possibilities that could go wrong. For Instance: If that initial

architect were to build their stadium and planned out each safety precaution and the building has
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never faced any problems, but a second architect took the plans and built the same stadium but

the roof caved in killing eight people, who is at blame? Essentially what building plagiarism

comes down to is who has the liability.

In the case, LOUISIANA STADIUM v. BFS DIVERSIFIED, the stadiums super-dome

roof had failed during Hurricane Katrina. As Roof Tech was installing the roof of the super-

dome, the chairman of the project and the other subcontractors had recommended a change to the

way layers of the roof were installed ("LOUISIANA STADIUM v. BFS DIVERSIFIED," 2010).

Though this new method was still within the wind speed parameters that Katrina produced, the

roof still failed. The RoofTech company tried to claim that the inspection and the monitoring of

the project required no professional degree answering the question as to how it was able to pass

inspection in the first place. However, the court ruled that argument ludicrous due to the

reasoning that a plumber's assistant can be qualified to inspect and oversee the operation.

Although, this is not a case of copyright, liability on the building and its performance is generally

referred back to the original architect(s) who worked on the design. However, firms can invest in

a variety of architect liability insurances. If an employee were to damage a valuable object at a

clients home, injures themselves on the job, or acts with negligence, the firm can help reduce

projected loses with insurance. Though a majority of firms will only invest in insurance if they

are working on large scale projects with large scale budgets (Pealer, 2007). Most small sized

firms end up being held liable for residential projects and do not have insurance, so generally

take a larger hit than many of the bigger firms (2007).

Eminent Domain

The ability for the government to take ones property for the better of community has been

around for around four hundred years. Reasoning for the governments need for a private
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persons land can range from property rightswater, air, etc.-to a strategic location for an

addition to one of their buildings. Though, under the Fifth Amendment under the constitution,

each property seized is to be rightly compensated for that days market value (Bouvier, 2008).

Each citizen does also have the right to Due Process during this process; however, the courts tend

to rule in favor of the government since the properties acquisition is intended for the greater good

of community.

There are four necessary elements to the eminent domain process: Private property,

taking of the private property, for the benefit of the public, and just compensation, (2008). These

elements are intended to be left to the discretion of the condemner or the United States

government. For instance, the rifle that was used to kill President John F. Kennedy was

considered private property in an eminent domain proceeding (2008). If not all elements are

justly met, then the person who was condemned can go back and appeal to the courts in a process

called inverse condemnation where if the property can be proven to have been worse off after

the fact then the owner can regain the rights to his/her land.

Last year, there was a case in Virginia Beach that was taken to the Supreme Court of

Virginia over the issue of eminent domain. Last year, Jim and Janet Ramsey were victims of

eminent domain by Virginia Department of Transportation (VDOT); the transportation

department of Virginia was building additions to the highway near London Bridge and Fair Lady

roads (Hafner, 2015). The couple were originally compensated for their nearly half-acre home

back in 2009 nearly $250,000. However, VDOT later decided the home was truly appraised at

roughly $92,000 and demanded the Ramseys to return the greater portion of it. This case went to

court and the jury ruled the owners should be paid $234,032 just under $15,000 shy of the

original compensation (2015). However the couple decided that was not enough, claiming the
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big companies like VDOT use pressure tactics like this, and try to swindle homeowners by

strong-arm[ing] landowners to settle for less than valued. After four years of fighting VDOT

the couple was relieved to find that the company gave the couple around $330,000 as a means of

settling their dispute before hearing back from Virginias Supreme Court (2015). Eminent

domain, like most disputes can be arduous and time consuming, especially when taken to court.

Therefore, many of the companies that claim eminent domain will either over compensate the

homeowner for their land, or attempt to dupe them hoping the individual(s) do not take the case

to trial.

Conclusion

As an architect one has to consider many variables rather than just the design of the

home. Location, first and foremost, is the most pivotal part in the arduous process of building a

home, business office, or stadium. The location carries the innate mood of its surrounding, and

can also be a future prospect for the government and its varying projects. Like Mark Kushner

mentioned, it's about those visceral, emotional connections that we feel to the places that we

occupy (2015). Or alike the Ramsey's situation where their location ended up being a better

spot for the highway versus a home. Architects also have to make sure that their work does not

get taken for use of other projects without their consent where they could possibly be held liable

for any mishaps that occur to the new building/structure. LEED is a great third-party initiative to

help provide more architectural firms with creative ideas that help reduce costs in both

financially and in the environment. Sustainable structures are trending throughout the nation,

where some areas like California and parts of Arizona have greater capabilities using solar

energy, while other companies like Blue Ridge Fiberboard have found reduced costs investing in

economy, energy, and environment. Depending on the size of the lot, there are more
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opportunities to go green. Zoning within the twelve districts in Virginia Beach, under the

residential sector lot sizes reaching an R-40 are allowed to hold free standing windmill

platforms that allow an extra layer of energy saving. Architects have to follow a course of rules

in order to meet the trending qualifications, social acceptance standards, and legal requirements

in order to create a successful impact and structure.

Armstrong, J. (2016, November 30). Sustainability Today [Interview].

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nodeId=CO_APXAZOOR_ART5REDI

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settles-in--year-eminent-domain-case-with-va/article_9a5d988c-7ab0-

55ab- a087-417e35515a24.html
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Jasthi, S. (2016). Which NBA te
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ams offer the most affordable home games? -

NerdWallet. Retrieved December 8, 2016, from

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language=en

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benefits- of-embracing-sustainability-and-green-manufacturing/

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18, 2016, from https://scholar.google.com/scholar_case?

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Pealer, C. (2007, December 17). Professional liability insurance: When to get serious. Retrieved

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insurance-when-to-get-serious?v=preview

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architecture-is-mostly-pure-shit/

Skelton, A. (2016, October 04). Vote on new arena deal in virginia beach fails, casting

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fails- casting/article_d83fc78f-76ae-5bf8-838a-bb700debed68.html

U. (2016, November 17). Researchers develop new silvicultural treatments to achieve sustainable

management of canadian boreal forest. Retrieved from https://www.sciencedaily.com/

releases/2016/11/161117115331.htm

WELL Building Standard. (2016). Retrieved from https://www.wellcertified.com/well

Wright, J. (2003). International journal of sustainability in higher education. Retrieved from

http://www.emeraldinsight.com/doi/abs/10.1108/14676370310467131

Zoning Administration. (2016). Retrieved December 14, 2016, from https://www.vbgov.com/

government/departments/planning/zoning/Pages/default.aspx

Zoning Districts General description and purpose. (2016). City of Virginia Beach, 1-8.

Retrieved December 15, 2016, from https://www.vbgov.com/government/

departments/planning/Documents/zoningdistricts.pdf
Grading Rubric for Almost Final Graded Draft
Criterion 4 -- Advanced 3 Above Average 2 Proficient 1 -- Emerging
Mechanics, Grammar, Zero to very few errors A few errors Several errors Many errors inhibit the
reading of the text
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Spelling, Sentence

Structure, etc
Academic Voice Academic language Academic language Academic language used Paper lacks academic
used throughout paper used through most of for some of paper language informal
paper a little choppy throughout

Law Law is a major Law is present Lacking law No law

presence I think you
made a valiant effort to
get law incorporatedI
counted any
regulations/standards as
law also

Title, Abstract, Body, All present and correct All present needs to All present need to fix Missing pieces
fix a few errors several errors or
Reference somewhat incomplete

Uniform LSA Scoring convention

16 = 100 12 = 88 8 = 76 4 = 64
15 = 97 11 = 85 7 = 73 No submission = no score
14 = 94 10 = 82 6 = 70
13 = 91 9 = 79 5 = 67

Please do the following for final: Just scroll through and fix what is marked.
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APP

ENDIX
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