After discussion with the Planning Commission, the representative requested a deferral of this agenda item. AYE 10 NAY 0 ABS 0 ABSENT 1

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1 Item #1 & 2 Miller Holding II, L.L.C. Conditional Change of Zoning Conditional Use Permit 4877 Shore Drive District 4 Bayside April 10, 2013 REGULAR An application of Miller Holding II, L.L.C., for a Conditional Change of Zoning (B-2 Community Business to Conditional B-4 Mixed Use) on property located at 4877 Shore Drive, and an application of Miller Holding II, L.L.C., for a Conditional Use Permit (Multifamily Dwellings) on property located at 4877 Shore Drive, District 4, Bayside. GPIN: After discussion with the Planning Commission, the representative requested a deferral of this agenda item. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission deferred items 1 & 2 indefinitely. Bob Kellam appeared before the Commission on behalf of the applicant.

2 Item #3 C and C Development Co., Inc. Special Exception for Alternative Compliance Conditional Use Permit th Street District 6 Beach April 10, 2013 REGULAR An application of C and C Development Co., Inc. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code and an application of C and C. Development, Co., Inc. for a Conditional Use Permit to construct five detached houses that do not conform to the Building Type Properties for a Detached House on property located at th Street, District 6, Beach. GPIN: CONDITIONS 1. Except as modified by any other condition of this Use Permit, the site shall be substantially developed as shown on the plan entitled Conceptual Site Plan, 20 th Street & Baltic Ave, prepared by WPL, and dated March 20, Except as modified by any other condition of this Use Permit, the architectural design and appearance of the dwellings shall be substantially as shown on the submitted renderings as well as the architectural elevation drawings, entitled Proposed Two Story Brick and Frame Single Family Dwelling Prepared For: VB HOMES, prepared by J. Bengston, Land Planning Solutions, and dated 3/19/ The applicant shall, as shown on the site plan, dedicate to the City of Virginia Beach a 2.5 wide by 130 long pedestrian easement along the western lot line adjacent to Baltic Avenue. 4. The applicant shall make all sidewalk and street improvements as shown on the site plan and as further required during Development Site Plan Review. This includes curb and gutter and a five-foot wide sidewalk along Baltic Avenue and 20 th Street. The applicant shall also construct three public on-street parking spaces on 20 th Street as shown on the submitted plan. 5. As shown on the site plan, the applicant shall dedicate 201 square feet in the form of a 2 x 90 strip along the northern lot line, and 10 radius at the northwestern corner of the lot to the City of Virginia Beach for right-of-way improvements. 6. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 7. All mechanical equipment shall be screened year-round by landscaping or fencing.

3 Item #3 C and C Development Co., Inc. Page 2 Screening shall, at a minimum, be the height of the equipment. 8. Entrance and drive aisle width shall conform to the submitted drawing entitled Conceptual Plan, 20 th Street and Baltic Ave, prepared by WPL, and dated 3/20/ All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with this Alternative Compliance. 10. All hedges located within the the build-to-zone shall be maintained at a height between three and four feet tall. 11. The proposed six to eight foot hedge proposed along the eastern lot line shall be maintained at a height of three to four feet tall. 12. A fence along the eastern lot line shall be maintenance free, no more than six feet tall, and shall terminate at or prior to the front façade of the unit fronting on 20 th Street. NOTE: 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 uses allowed by this Use Permit 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON

4 Item #3 C and C Development Co., Inc. Page 3 By a vote of 10-0, the Commission approved item 3. Eddie Bourdon appeared before the Commission on behalf of the applicant. Steve Rohring appeared before the Commission in opposition.

5 Item #4 Princess Anne Partners Conditional Change of Zoning 2368 Princess Anne Road District 7 Princess Anne April 10, 2013 DEFERRED An application of Princess Anne Partners for a Conditional Change of Zoning (AG-2 Agricultural to Conditional PD-H2 with an underlying R-7.5 Residential) on property located at 2368 Princess Anne Road, District 7, Princess Anne: GPIN: NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission deferred item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant.

6 Item #5 Bishop Sullivan Catholic High School Modification of a Conditional Use Permit 4552 Princess Anne Road District 2 Kempsville April 10, 2013 CONSENT An application of Bishop Sullivan Catholic High School for a Modification of a Conditional Use Permit for private high school approved by the City Council on April 28, 1992 and amended August 11, 1992 on property located at 4552 Princess Anne Road, District 2, Kempsville. GPIN: CONDITIONS 1. Except as expressly modified herein, all conditions attached to the Conditional Use Permit granted by the City Council on April 28, 1992 and modified on August 11, 1992 remain in full force and effect. 2. The site and lighting shall be developed in substantial conformance with the submitted site plan entitled BISHOP SULLIVAN CATHOLIC HIGH SCHOOL SITE PLAN prepared by Langley & McDonald, Inc., dated December 19, Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. The proposed additions shall be constructed substantially in accordance with the submitted building elevations entitled ATHLETIC FACILITY EXPANSION BISHOP SULLIVAN CATHOLIC HIGH SCHOOL prepared by Hanbury Evans Wright Vlattas, undated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department. 4. The applicant shall submit a photometric plan for an exterior lighting review and approval. 5. The applicant shall submit a landscape plan for the new development areas review and approval. NOTE: 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 uses allowed by this Use Permit are

7 Item #5 Bishop Sullivan Catholic High School Page 2 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 5 by consent. Tom Langley appeared before the Commission on behalf of the applicant.

8 Item #6 Silver Hill at Thalia, L.L.C. Conditional Change of Zoning 4355 Bonney Road District 5 Lynnhaven April 10, 2013 CONSENT An application of Silver Hill at Thalia, L.L.C. for a Conditional Change of Zoning (R 7.5 Residential District to Conditional A-12 Apartment District) on property located at 4355 Bonney Road, District 5, Lynnhaven. GPIN: ; PROFFERS PROFFER 1: When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL PHASE II (GPIN & ) VIRGINIA BEACH, VIRGINIA, dated December 14, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( the Concept Plan ). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30 ) wide Access Easement to Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed ten (10). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. PROFFER 5: When the Property is developed, it shall be as an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. PROFFER 6:

9 Item #6 Silver Hill at Thalia, L.L.C. Page 2 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated December 28, 2012, and found it to be legally sufficient and in acceptable legal form. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODSGON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 6 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

10 Item #7 Sandra Manby Wolford Conditional Use Permit 528 Gotham Road District 5 Lynnhaven April 10, 2013 CONSENT An application of Sandra Manby Wolford for a Conditional Use Permit (in-home day care) on property located at 528 Gotham Road, District 5, Lynnhaven. GPIN: CONDITIONS 1. The home daycare shall be limited to a total of 12 children and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one person other than a relative residing in the home shall be employed by the home day care. 3. A fence shall be maintained at all times to create an enclosed play area. 4. The applicant shall maintain a family day care home license with the Commonwealth of Virginia. Failure to maintain a family day care home license shall result in revocation of this Conditional Use Permit. 5. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use NOTE: 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 uses allowed by this Use Permit 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. 10 NAY 0 ABS 0 1

11 Item #7 Sandra Manby Wolford Page 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 7 by consent. The applicant, Sandra Manby Wolford, appeared before the Commission

12 Item #8 Verdad Real Estate, Inc. Conditional Use Permit 608 Indian River Road District 1 Centerville April 10, 2013 CONSENT An application of Verdad Real Estate for a Conditional Use Permit (fuel sales) on property located at 6084 Indian River Road, District 1, Centerville. GPIN: CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan titled CUP SITE PLAN, 7-Eleven, dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, including the closure of two of the four ingress/egress points as shown on said plan and the installation of a right turn lane on Providence Road. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 2. The building and canopy shall be constructed in substantial conformance with the elevations depicted on the plan titled, REVIEW BOARD EXTERIOR ELEVATIONS, 7- Eleven, dated 01/31/13, prepared by HFA Architects, Engineers, Interiors. In addition, the fueling canopy columns shall be wrapped in brick. Said elevations have been exhibited to the City Council and are on file in the City of Virginia Beach Planning Department. 3. When the site is developed, the plant material installed shall, at a minimum, be in substantial conformance with the submitted landscape plan titled LANDSCAPE PLAN, 7-Eleven, dated 1/31/2013, and prepared by HFA Architects, Engineers, Interiors, with the addition of extending the streetscape plantings along Indian River Road and Providence Road where the two of the four ingress/egress points shall be closed. Said plan has been exhibited to the City Council and is on file in the City of Virginia Beach Planning Department. 4. The dumpster shall be enclosed with a solid brick wall to match the building and any screening shall be installed in accordance with Section 245(e) of the Zoning Ordinance. The air and vacuum machine shall be screened with a maintenance free, all-weather fence. 5. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign, no more than eight (8) foot in height,

13 Item #8 Verdad Real Estate, Inc Page 2 set on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, canopy, light poles, or any other portion of the site. 6. No outdoor vending machines and / or display of merchandise shall be allowed. 7. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the Zoning Ordinance and shall be depicted on the final site plan. 8. Bicycle racks shall be provided near the entrance of the store and shall be depicted on the final site plan. 9. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and buildingmounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. NOTE: 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 uses allowed by this Use Permit 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY

14 Item #8 Verdad Real Estate, Inc Page 3 HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 8 by consent. Steven Romine appeared before the Commission on behalf of the applicant.

15 Item 9 Theo s Plaza Conditional Use Permit 5045 Virginia Beach Boulevard District 4 Bayside April 10, 2013 CONSENT An application of Theo s Plaza for a Conditional Use Permit (Motor Vehicle Sales, Service, and Bulk Storage) on property located at 5045 Virginia Beach Boulevard, District 4, Bayside. GPIN: CONDITIONS 1. Vehicles shall be parked within the designated parking spaces areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platform. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 2. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 3. This Conditional Use Permit is granted for a period of five (5) years from the date of City Council approval; however, the Use Permit may be extended on an annual basis if the Zoning Administrator and Director of Planning find that the then-current development trend in the area of the Pembroke Strategic Growth Area (SGA) immediately surrounding the site is not indicative of imminent redevelopment consistent with the recommendations of the Pembroke Strategic Growth Area (SGA) 4 Implementation Plan. 4. No outdoor speakers or public address system shall be permitted. 5. All automotive repair work shall be conducted within the building. No outside storage of parts, equipment, or equipment other than in a designated screened area at the southeastern portion of the site. No outside storage of vehicles wrecked or in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, such vehicles shall be stored within the building. 6. The site shall be redeveloped and parking areas shall be re-striped in accordance with the submitted MODIFED CONDITIONAL USE SITE PLAN OF PARCEL 1 FOR THEO KOULOUKIS, dated 9/912, and prepared by John E Sirine and Associates LTD. Modifications to the submitted plan shall include -

16 Item 9 Theo s Plaza Page 2 a. There shall be no more than 95 vehicles for sale on the site and all such vehicles shall be parked in the designated spaces. b. The first parking space by the westernmost entrance shall be removed in order to meet the 30 foot throat length required by the City s Public Works Specifications and Standards. c. Since there are three existing entrances fronting the shopping center, Traffic Engineering recommends removing the center entrance since it is only about 50 feet from the adjacent entrance. This will eliminate undue conflict points for drivers. d. There shall be no parking and/or display of vehicles for sale on the western and northern sides of the one-story block building used for vehicle repair. Said area shall not be marked as parking spaces. Said Plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLE Y RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 9 by consent. Anne Crenshaw appeared before the Commission on behalf of the applicant.

17 Item #10 Chalice Christian Church Conditional Use Permit 5612 Haden Road District 4 Bayside April 10, 2013 CONSENT An application of Chalice Christian Church for a Conditional Use Permit for Religious Use (Church) on property located at 5612 Haden Road, District 4, Bayside. GPIN: ; CONDITIONS 1. Except as modified by any other condition of this Use Permit, the site shall be developed substantially in accordance with the submitted Preliminary Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach, Virginia, prepared by Site Improvements Associates, dated February 1, Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 2. Except as modified by any other condition of this Use Permit, the addition and modifications to the existing building shall be constructed substantially in accordance with the submitted building elevations for the north, south, east, and west facades, entitled Chalice Christian Church at Diamond Springs Center, 5612 Haden Road, Virginia Beach, VA, prepared by Dills Architects, as well as the perspective rendering of the north and east facades, entitled the same. Building materials, architectural elements, and colors shall be substantially as depicted on the elevations and rendering. Said elevations and rendering have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The three Wind Energy Conversion Systems (WECS) identified on the site plan referenced by Condition 1 as Proposed Windspire Turbines (3) and as shown on the rendering referenced by Condition 2 are not permitted and shall not be installed. 4. At or prior to the time of development site plan submission, the applicant shall meet with staff of the Current Planning Division to discuss revisions to the west façade of the building and enhancements to the landscape plantings between the Haden Road rightof-way and the west building façade. The revisions decided upon at said meeting, shall be included on the plans submitted during development site plan review. 10 NAY 0 ABS 0 1 BERNAS FELTON

18 Item #10 Chalice Christian Church Page 2 HENLEY HODSGON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 10 by consent. Mark Ricketts appeared before the Commission on behalf of the applicant.

19 Item #11 Dona L. Cox Conditional Use Permit 453 Cummings Road District 5 Lynnhaven April 10, 2013 REGULAR An application of Dona L. Cox for a Conditional Use Permit (In-Home Child Care) on property located at 453 Cummings Road, District 5, Lynnhaven. GPIN: CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday, 7:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. The applicant shall install an iron rod type fence between two to four feet in height. This fence shall be no closer than four feet from the right-of-way as shown on the included plan titled Fencing Plan and dated 04/29/ All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area, and driveway shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 7. To ensure vision at the intersection of Cronin Road and Cummings Road, vehicles waiting to drop-off or pick-up children shall not wait on Cronin Road along the curb adjacent to the subject property. 8. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use.

20 Item #11 Dona L. Cox Page 2 NOTE: 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 uses allowed by this Use Permit 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 11. Dona L. Cox, the applicant, appeared before the Commission.

21 Item #12 Marrilyn Davis Modification of Conditions 1432 Glenwood Links Lane District 1 Centerville April 10, 2013 CONSENT An application of Marrilyn Davis for a Modification of a Conditional Use Permit for Family Day Care, Home Occupation approved by the City Council on August 10 th, 2004 on property located at 1432 Glenwood Links Lane, District 1, Centerville. GPIN: CONSENT 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 10 th, 2004 remain in affect. 2. Condition Number 1 of the August 10 th, 2004 Conditional Use Permit is deleted and replaced with the following: The family day care shall be limited to a total of twelve (12) children during a single 24-hour period. 3. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 4. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area, and driveway shall be met. NOTE: 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 uses allowed by this Use Permit 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.

22 Item #12 Marrilyn Davis Page 2 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSK RUSSO THORNTON By a vote of 10-0, the Commission approved item 12 by consent. The applicant Marrilyn Davis appeared before the Commission.

23 Item #13 City of Virginia Beach An Ordinance to Amend Section 1001 of the City Zoning Ordinance, Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District. April 10, 2013 CONSENT The amendment allows facilities for constructing, maintaining, and repairing boats and vessels as a conditional use in the I-1 Light Industrial District. Because certain dictionaries define the term vessel to include watercraft bigger than a rowboat, the amendment also expressly includes the term boats in order make it clear that small watercraft may also be constructed, maintained and repaired at such facilities. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item 13 by consent. Stephen White presented this application to the Commission.

24 Item #14-22 City of Virginia Beach April 10, 2013 DEFERRED 14. An Ordinance to Amend Section 110 of the Chesapeake Bay Preservation Area Ordinance Pertaining to the fee for an application for a Variance to the Chesapeake Bay Preservation Area Board. 15. An Ordinance to Amend Section 106 of the City Zoning Ordinance Pertaining to the fee for an appeal to the Board of Zoning Appeals. 16. An Ordinance to Amend Sections 107 and 108 of the City Zoning Ordinance, Pertaining to application fees for a petition to amend, supplement, or change the district boundaries or classification of property and the fee for public notice signs. 17. An Ordinance to Amend Section 221 of the City Zoning Ordinance Pertaining to the fees for a Conditional Use Permit. 18. An Ordinance to Amend Section 105 of the City Zoning Ordinance Pertaining to the application fee for Enlargement, Extension, or Conversion of a Nonconforming Use. 19. An Ordinance to Amend Section 8.3 of the Subdivision Regulations Pertaining to the fee for a Subdivision Variance. 20. An Ordinance to Amend Section 1403 of the City Zoning Ordinance Pertaining to the fee for an application to the Wetlands Board involving wetlands. 21. An Ordinance to Amend Section 1603 of the City Zoning Ordinance Pertaining to the fee for an application to the Wetlands Board involving Costal Primary Sand Dunes. 22. An Ordinance to Amend Section of the City Code Pertaining to the fees required for the vacation of public ways. The amendment package presented here is driven by the preparation of the Planning Department s preparation and submission of its budget request for Fiscal Year The City Council is currently reviewing the City Manager s proposed Operating Budget and Capital Improvement Program (CIP), and the attached amendments will be part of City Council s adoption of the final adoption of the Operating Budget. The attached amendments will increase application fees for the purpose of capturing most of the costs associated with review. The majority of the fees were most recently increased in 2003, and during the past ten years, the cost associated with the review of each type of application has increased to the point where the fees do not cover the real cost of review. Thus, the public now is incurring a much greater percentage of the cost of the reviews than the actual application fee covers. The proposed fee increases will also help support the efforts of the Planning Department to upgrade, and in some cases, create databases that will provide staff and the public with faster and greater access to information, including proposed and actual development activity. Accordingly, the attached ordinances, which allow for the proposed increases in application fees, are proposed.

25 Item #14-22 City of Virginia Beach Page 2 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission deferred items

26 Item #23 & 24 Dreamquest, L.L.C. Special Exception for Alternative Compliance Conditional Use Permit 204 & rd Street 206 & 208 Atlantic Avenue Portion of 108 Atlantic Avenue District Beach April 10, 2013 CONSENT An Application of Dreamquest, L.L.C. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located at 204 & rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue; and an application of Dreamquest, L.L.C. for Conditional Use Permit for Assembly Use (Theater) on property located at 204 & rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue, Beach District. GPIN: ; ; ; ; ; ; and a portion of CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled Conceptual Site Layout for Dreamquest Cirquesa, dated March 1, Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures shall be as described in the narrative as well as shown on the photographs submitted with the application. 3. Except for openings required for ingress to and egress from the site or structural elements of the tents, a privacy fence of at least six (6) feet in height shall be installed along the perimeter of the site, set back at least five (5) feet. The five-foot setback shall include a landscape bed planted with low foundation planting and moderate 3 shrubs, or other as determined during site plan review. 4. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 5. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3 rd Street and the existing sidewalk on

27 Item #23 & 24 Dreamquest, L.L.C. Page 2 the western side of Atlantic Avenue adjacent to the site. 6. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid until October 15, NOTE: 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 uses allowed by this Use Permit 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved items 23 & 24 by consent.

28 Item #25 & 26 Jason Gentry Variance to the Subdivision Regulations Variance to the Subdivision 2253 Vaughan Road District 7 Princess Anne April 10, 2013 An application of Jason Gentry for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 2253 Vaughan Road and an application of Jason Gentry for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots must have direct access to a public street on property located at 2253 Vaughan Road, District 7, Princess Anne. GPIN: CONSENT CONDITIONS The subject site shall be subdivided substantially in accordance with the submitted preliminary subdivision plat entitled Resubdivision of Property of Former Lot C (Residual Parcel) ; dated February 4, 2013 and prepared by Patten, Harris, Rust & Associates, PC. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY

29 Item #25 & 26 Jason Gentry Page 2 RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved items 25 & 26 by consent. Jason Gentry, the applicant appeared before the Commission.

30 Item #D-1 Miller Investment, L.L.C. Modification of Proffers 1817 London Bridge Road District 7 Princess Anne April 10, 2013 CONSENT An application of Miller Investment, L.L.C. for a Modification of Conditional Change of Zoning approved by the City Council in November 1996 on property located at 1817 London Bridge Road, District 7, Princess Anne. GPIN: PROFFERS PROFFER 1: Proffer numbered 1 in the 1996 Proffers is deleted and replaced with the following: The existing development on the Property may be modified substantially as depicted on the exhibit entitled, MILLER MART DRIVE-THRU ADDITION LONDON BRIDGE AND MIRROR LAKE DRIVE, dated 10/3/12, and prepared by JMT, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Modified Site Plan ). PROFFER 2: Proffer numbered 2 in the 1996 Proffers is modified and replaced with the following: The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Modified Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled GAS-FOOD MART #58 MILLER OIL CO., London Bridge Rd. at Mirror Lake Drive, Virginia Beach, Virginia, prepared by Verebely & Associates Architects, dated December 17, 1996 and the RENDERING DEPICTING 5 x10 Drive-Thru Addition, prepared by Michael Henry Architect, dated 10/19/2012 and the NGSS DRIVE-THRU MENUBOARD WITH CLADDING AND SPEAKER ADDER for Dunkin Brands dated , which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter Elevations ). PROFFER 3: Proffer numbered 7 in the 1996 Proffers is modified and replaced with the following: No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store that includes a drive-thru for an in-store food service franchise and an automated car wash.

31 Item #D-1 Miller Investment, L.L.C. Page 2 PROFFER 4: Except as expressly modified herein, the 1996 Proffers are hereby ratified, affirmed, and remain binding on the Property. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item D-1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

32 Item #D-2 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne April 10, 2013 REGULAR An application of Armada Hoffler Development Company, L.L.C for a Conditional Change of Zoning (AG1 & AG2 Agricultural & B2 Community Business to Conditional B2 Community Business) on property located at 2101 Princess Anne Road, District 7, Princess Anne: GPIN: PROFFERS PROFFER 1: The Property shall be developed in substantial conformity with the Site Plan entitled CONCEPTUAL SITE LAYOUT AND LANDSCAPE PLAN OF SANDBRIDGE SHOPPING CENTER dated 08/31/2012, prepared by MSA, P.C., which has been exhibited to the City Council, as same may be approved by the appropriate City departments and officials (the Site Plan ), and the renderings entitled CONCEPTUAL DRAWINGS FOR SANDBRIDGE SHOPPING CENTER dated August 16, 2012, prepared by HBA, which has been exhibited to the City Council (the Renderings ), with copies of the Site Plan and the Renderings being on file with the City s Department of Planning and Community Development. PROFFER 2: The quality and architectural style and character of improvements constructed on the Property shall be substantially in conformity with the Renderings. The quality, architectural style and character of improvements constructed on any outparcel on the Property shall be compatible with the quality, architectural style and character of improvements constructed on the remainder of the Property. PROFFER 3: No portion of the Property shall be used for any of the following uses: an onsite dry cleaning service whereby the dry-cleaning and any other cleaning processes are performed on the outparcel (pick-up and drop-off only facilities shall be permitted); adult entertainment; adult video or bookstore; nightclub; tavern; lounge; dance hall; massage parlor; funeral home or morgue; pool hall; game parlor; skating rink; bingo games; betting agency; bowling alley; flea market; auto dealership; car rentals or sales; child care center; or hazardous or illegal uses. PROFFER 4: All building-mounted exterior signs located on the Property shall consist of channel

33 Item #D-2 Armada Hoffler Development Company, L.L.C. Page 2 lettering and may be back-lit lighting. All free-standing signs located on any Outparcel shall conform to the quality, architectural style, materials and character of the freestanding sign for the shopping center as depicted on the Renderings. PROFFER 5: In addition to the landscaped perimeter open spaces depicted on the Outparcels in the Landscaping Plan, when the Outparcels are developed, all landscaped areas shall utilize the same native species utilized in the landscaping depicted on the Landscaping Plan. PROFFER 6: A cash proffer in the amount of $200, shall be paid to the City as a condition of the City s issuance of a Certificate of Occupancy for the primary building to be constructed on the Property, with such sum to be applied to and used to assist in the funding of the road improvements for CIP Project known as Princess Anne Road Phase VII (the CIP Project ). In accordance with Section 107 (h) (3) of the CZO and Section of the Code of Virginia of 1950, as amended, if the funds proffered and paid to the City are not used by the City for road improvements contemplated by the CIP Project within twenty (20) years from the date of recordation of this Agreement, then any such funds paid and unused may be used by the City for any other public purpose within the area if the City designated in the City s Comprehensive Plan as the Transition Area. PROFFER 7: The development of the Property shall incorporate the design and construction of all of the recommendations set forth in Chapter 7 of that certain Traffic Impact Analysis entitled SANDBRIDGE SHOPPING CENTER, City of Virginia Beach, Virginia, dated August 30, 2012, prepared by Bryant B. Goodloe, P.C. (the TIA ), which has been exhibited to the City Council with a copy of the TIA being on file with Planning, except item 5(b) thereof. 8 NAY 1 ABS 1 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON NAY By a vote of 8-1, the Commission approved Item D-2. R.J. Nutter appeared before the Commission on behalf of the applicant.

34 Item #D-2 Armada Hoffler Development Company, L.L.C. Page 3 Bob Miller and Diane Goodloe appeared before the Commission in support. Mary Tilton; Lisa Varga; Veronica Guagenti; Robin Sayre; Karen Kwasny; Diana Hicks; Joan Davis; and Susan Sadowsk appeared before the Commission in opposition.

35 Item #D-3 Hollomon Brown Funeral Home, Inc. Conditional Change of Zoning 3445 Princess Anne Road District 7 Princess Anne April 10, 2013 CONSENT An application of Hollomon Brown Funeral Home for a Conditional Change of Zoning AG-2 to O-2 on property located at 3445 Princess Anne Road, District 7, Princess Anne. GPIN: portion of; portion of. 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, when developed, shall be developed substantially as shown on the conceptual site plan prepared by Martin Engineering, entitled Colonial Grove Memorial Park, Conceptual Layout Plan 024 and dated March 8, 2013 (the Site Plan ), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: The architectural design and quality of materials used for the buildings, signage, knee walls and landscaping to be developed on the Re-zoning Parcel, when developed shall be in substantial conformity with the rendering entitled Holloman Brown Funeral Home Rendering, dated March 8, 2013, and prepared by Michael Ashe (the Rendering ), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 3: The access way to the Property from Princess Anne Road shall be a permanent access way. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/ or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all

36 Item #D-3 Hollomon Brown Funeral Home, Inc. Page 2 applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated March 8, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. 10 NAY 0 ABS 0 1 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved item D-3 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant.

37 Item D-4 Galleon Investors IX, L.L.C. Variance to the Subdivision Ordinance th Street District 6 Beach April 10, 2013 REGULAR An application of Galleon Investors, IX, L.L.C. for a Subdivision Variance to Section 4.1(m)(1) which specifies street and alley widths and Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at th Street, District 6, Beach. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the submitted resubdivision plan entitled Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development Corp, dated December 31, 2012, prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 2. The site shall be developed substantially in accordance with the submitted Conceptual Site Plan Exhibit of Proposed Lot_20A, Resubdivision of Lots 18 & 20, Block 125, Map No. 6, Part of Property of Virginia Beach Development Corp, dated February 18, 2013, prepared by WPL. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the Planning Department. 3. The applicant must obtain a variance from the Board of Zoning Appeals to the rear yard setback deficiency on proposed Lot 20-A. 4. The pavement section along this site s frontage on 24th ½ Street must be widened to a minimum of 18-feet. 5. The driveway runners shall be constructed of concrete with a brick-red tint; the remainder of the parking pads and driveway apron shall be constructed with a permeable paving system. Both the paving system and the design of the runners shall meet the Standards of the Department of Public Works. 6. A note shall be placed on the final plat approved for recordation stating that Lot 18-A shall be occupied by only one single-family dwelling unit. 10 NAY 0 ABS 0 1 BERNAS

38 Item D-4 Galleon Investors IX, L.L.C. Page 2 FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 10-0, the Commission approved Item D-4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Don Squibb and Tim Thomas appeared before the Commission in opposition.