A motion was made by David Redmond and seconded by Donald Horsley to defer item 1. AYE 11 NAY 0 ABS 0 ABSENT 0

Transcription

1 Item #1 Beach Municipal Federal Credit Union Conditional Change of Zoning 2440 Princess Anne Road District 7 Princess Anne DEFERRED An application of Beach Municipal Federal Credit Union for a Conditional Change of Zoning (AG- 2 Agricultural District to B-2 Community Business District) on property located at 2440 Princess Anne Road, District 7, Princess Anne. GPIN: A motion was made by David Redmond and seconded by Donald Horsley to defer item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission deferred item 1.

2 Item #2 Crescent Community Center Corp. Conditional Use Permit 2438 Salem Road District 7 Princess Anne REGULAR An application of Crescent Community Center Corp. for a Conditional Use Permit (religious use) on property located at 2438 Salem Road, District 7, Princess Anne. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the two submitted site plans, which are entitled Conceptual Site Plan Crescent Community Center. One plan, prepared in color by WPL Landscape Architects Land Surveyors Civil Engineers, and dated March 27, 2013, will provide the primary guidance regarding the landscaping of the site. The second plan, prepared by Kelly J. Olt, Architect, which is not dated will provide the primary guidance for the multi-purpose trail and reduced berming. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted building elevation drawings entitled Elevations Crescent Community Center prepared by Kelly J. Olt Architect as well as the colored perspective rendering, which is unsigned and undated. Building materials shall be neutral in color and as indicated on the building elevation drawings. 3. The development site plan submitted to the Planning Department / Development Services Center shall include roadway shoulder and drainage ditch improvements as required by Public Works / Traffic Engineering. 4. The development site plan submitted to the Planning Department / Development Services Center shall include a photometric lighting plan for review and approval by the Police Department or appropriate City staff. The lighting plan should include the height of poles located in the parking lot and the location of all pole-mounted and building-mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cutoff fixtures shall be used for parking lot lighting. 5. No outdoor speakers or public address systems shall be permitted. Condition 5 was added at PC Informal hearing.

3 A motion was made by Donald Horsley and seconded by Chris Felton to approved item 2. Phil Russo was absent from the voting of item NAY 0 ABS 0 ABSENT 1 RUSSO ABSENT By a vote of 10-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant. Zaida Rosario Ojeda, Nestor L. Rosario, Daniel Sam, and John McKenzie appeared before the Commission in opposition of item 2.

4 Item #3 Visions Community Services, L.L.C. Conditional Use Permit 370 Cleveland Place District 2 Kempsville CONSENT An application of Visions Community Services, L.L.C. for a Conditional Use Permit (Adult Daycare) on property located at 370 Cleveland Place, District 2, Kempsville. GPIN: CONDITIONS 1. The applicant shall obtain all required permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for adult daycare use prior to operating at this location. 2. Should the applicant chose to expand the facility to include part or all of the 2,116 square feet of the floor area remaining outside of the 5,100 square feet proposed for this use or should all of part of that remaining area be leased for another use, a Board of Zoning Appeals variance to required parking must be obtained to satisfy the off-street parking requirements. 3. The maximum capacity of the adult daycare facility shall not exceed 35 intellectually disabled individuals meeting the requirements of the license issued by the Virginia Department of Behavioral Health and Developmental Services. A motion was made by David Redmond and seconded by Jan Rucinski to approved item NAY 0 ABS 0 ABSENT 0

5 RUSSO By a vote of 11-0, the Commission approved item 3 by consent. Gerald Keller appeared before the Commission on behalf of the applicant.

6 Item #4 Virginia Beach Theological Seminary Modification of Conditions 2221 Centerville Turnpike District 1 Centerville CONSENT An application of Virginia Beach Theological Seminary for a Modification of a Conditional Use Permit for a religious facility (approved by the City Council on September 13, 1982 and last modified on September 14, 2004) to allow signs beyond the maximum permitted by the Zoning Ordinance on property located at 2221 Centerville Turnpike, District 1, Centerville. GPIN: CONDITIONS 1. A sign for the Virginia Beach Theological Seminary is permitted on the site provided that the sign, when constructed, shall be as depicted on the elevation entitled, Virginia Beach Theological Seminary, prepared by Pen Sign, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The westernmost footing of said sign shall be located no farther than one (1) foot from eastern edge of the existing streetscape landscaping bed along Centerville Turnpike, unless deemed otherwise by Zoning or Permits & Inspections Staff. If the Seminary vacates the property, said sign shall be removed. 2. All conditions attached to the Modification of the Conditional Use Permit granted by the City Council on September 13, 2004 shall remain in effect: a. The additions and future buildings on the church s property shall be located and constructed in substantial conformance with the concept plan entitled EXHIBIT A, COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA, prepared by Hoggard/Eure Associates, P.C., which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. b. All new structures identified on the concept plan described in condition #1 above, shall be constructed with brick exterior to match that of the existing church and shall be in substantial conformance with the elevations entitled NEW FACILITY, COLONIAL BAPTIST CHURCH, NEW OFFICE BUILDING, dated June 17, 2004, prepared by Barnes Design Group Architecture, which has been exhibited to the City of Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall be submitted to the Planning Director for final review and approval prior to the issuance of the building permit.

7 Item #4 Virginia Beach Theological Seminary Page 2 c. The existing solid, six (6) foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also be mowed and maintained free of vines and weeds at all times. A motion was made by David Redmond and seconded by Jan Rucinski to approve item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission approved item 4 by consent. The applicant, Edward Estes appeared before the Commission.

8 Item #6 493 Independence Blvd, L.L.C. Conditional Use Permit 493 S. Independence Boulevard District 2 Kempsville CONSENT An application of 493 Independence Blvd for a Conditional Use Permit (Automobile Service Station Automated Car Wash) on property located at 493 S. Independence Boulevard, District 2, Kemspville. GPIN: CONDITIONS 1. When the site is developed, it shall be developed in substantial conformance with the submitted plan entitled Bartley Car Wash Illustrative Site Plan, prepared by Porterfield Design Center. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The exterior of the building shall be in substantial conformance with the submitted plan entitled Bartley Car Wash, prepared by Porterfield Design Center, which shows the Front View and Exit Side View of the car wash facility. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The proposed landscaping for the site shall be in substantial conformance with the submitted plan referenced in Condition All outdoor lighting shall be shielded to direct light and glare onto the premises and shall be deflected, shaded, and focused away from adjoining property. Any newly installed outdoor lighting fixtures shall not be erected any higher than 14 feet. 5. There shall be no pennants, streamers, balloons, portable signs, banners, or similar attention-seeking devices displayed on the site. 6. The proposed sign shall be constructed in substantial conformance with the submitted sign elevation drawing, which is not titled or dated. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 7. The facility s hours of operation be from 7:00 a.m. to 8:00 p.m., seven days a week. Condition 7 was added at PC Informal hearing.

9 Item #6 493 Independence Blvd, L.L.C. Page 2 A motion was made by David Redmond and seconded by Jan Rucinski to approved item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission approved item 6 by consent. Steven Lentz appeared before the Commission on behalf of the applicant.

10 Item #7 JBA Two, L.L.C. Conditional Use Permit 4740 Shore Drive District 4 Bayside WITHDRAWN An application of JBA Two, L.L.C. for a Conditional Use Permit (motor vehicle sales) on property located at 4717 Hollis Road / 4740 Shore Drive, District 4, Bayside. GPIN: A motion as made by David Redmond and seconded by Donald Horsley to allow withdrawal of item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission withdrew item 7.

11 Item #8 CAH Holdings, L.L.C. Conditional Use Permit 3565 Holland Road District 3 Rose Hall DEFERRED An application of CAH Holdings, L.L.C. for a Conditional Use Permit (automated car wash) on property located at 3565 Holland Road, District 3, Rose Hall. GPIN: A motion was made by David Redmond and seconded by Donald Horsley to defer item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission deferred item 8.

12 Item #9 New Covenant Presbyterian Church Modification of Conditions 1552 Kempsville Road District 1 Centerville CONSENT An application of New Covenant Presbyterian Church for a Modification of a Conditional Use Permit for a religious use, approved by the City Council on March 28, 2000 on property located at 1552 Kempsville Road, District 1, Centerville. GPIN: CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on March 28th, 2000 are deleted and superseded by the conditions herein. 2. The site layout and landscaping shall substantially conform to the submitted site plan entitled Modification of Conditions Application Exhibit for NEW COVENANT PRESBYTERIAN CHURCH, dated June 3, 2013, with the exception of the location of the rear bioretention bed, which shall be determined during development site plan review. 3. All new construction shall substantially conform to the submitted architectural elevations entitled, NEW COVENANT PRESBYTERIAN CHURCH, BUILDING ELEVATIONS, and dated Unless otherwise required by Public Works / Traffic Engineering during development site plan review, the existing point of vehicular access on Kempsville Road shall be the only access point. 5. Phase I shall consist of the construction of the primary portion of the Fellowship/Multi- Purpose addition, eight parking spaces to the northeast of the existing sanctuary structure, the drive aisle that will go around the Fellowship/Multi-Purpose addition to the existing rear parking lot, the rear bioretention bed, and the demolition of the 2,770 square foot wooden structure. 6. Phase II shall consist of the construction of the two additions to the Fellowship/Multi- Purpose addition, a playground, 37 parking spaces to the southwest of the existing sanctuary structure, a porte-cochere connecting to the existing sanctuary structure, bioretention bed, and the demolition of the 5,335 square foot wooden structure.

13 Item #9 New Covenant Presbyterian Church Page 2 7. A landscaping plan meeting the requirements of the Zoning Ordinance shall be submitted at site plan review. The layout of existing and proposed parking areas may slightly deviate from the submitted site plan to meet the minimum parking lot landscaping requirements. 8. The applicant shall ensure a minimum of Category I landscape screening exists along the side and rear lot lines at all times. 9. The development site plan submitted to the Planning Department / Development Services Center shall include a lighting plan. The lighting plan should include the height of poles located in the parking lot and the location of all pole-mounted and building-mounted lighting fixtures. The plan should list the type of lamp, wattage, and type of fixture. Full cutoff fixtures shall be used for parking lot lighting. A motion was made by David Redmond and seconded by Jan Rucinski to approve item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission approved item 9 by consent. Glen Trematore appeared before the Commission on behalf of the applicant.

14 Item #10 VB Recreation, L.L.C. Conditional Use Permit 2029 Lynnhaven Parkway District 3 Rose Hall CONSENT An application of VB Recreation, L.L.C. for a Conditional Use Permit (Indoor Commercial Recreation Facility) on property located at 2029 Lynnhaven Parkway, District 3, Rose Hall. GPIN: CONDITIONS 1. This Use Permit applies only to the southernmost unit (approximately 18,300 square feet) of the Salem Crossing Shopping Center. 2. The proposed exterior building signage shall comply with the requirements of the Zoning Ordinance for signs. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official prior commencing operation. 4. The facility shall operate only between the hours of 7:00 a.m. and 12:00 a.m. (midnight). 5. Court Rules for Jumpers, as submitted by the applicant, shall be posted within the facility at the main entrance, visible by all who enter the facility, as well as at the entrance of each trampoline court area. 6. All individuals under 13 years of age shall be accompanied by an adult chaperone. 7. Recreational trampoline-related activities shall be the only type of indoor recreation allowed. 8. The maximum number of individuals within the facility shall not exceed the maximum number as determined by the Fire Marshal. 9. The shall be a minimum of one staff member on site at all times that is certified for first aid and automated external defibrillator (AED) training.

15 Item #10 VB Recreation, L.L.C. Page There shall be no sale of alcohol at this location. There shall be no State ABC license associated with this business. A motion was made by David Redmond and seconded by Jan Rucinski to approved item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission approved item 10 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant.

16 Item #11 Creeds Ruritan Club Modification of Conditions 1057 Princess Anne Road District 7 Princess Anne CONSENT An application of Creeds Ruritan Club for a Modification of a Conditional Use Permit for a private club approved by the City Council on November 8, 1995 on properry located at 1057 Princess Anne Road, District 7, Princess Anne. GPIN CONDITIONS Conditions from the 1995 Use Permit are retained as Conditions 1 through Hours of operation shall be limited to 6:00 a.m. to 11:00 p.m. 2. Outdoor events shall not involve the use of amplified musical equipment. 3. All parking shall be provided in the existing parking lot adjacent to the building as shown on the submitted site plan, and in that area lying between the club/office building and the rear property line. 4. The existing hardwood trees within the front 230 feet of the site shall be retained. 5. This modification of the 1995 Conditional Use Permit grants approval only for the use by the Creeds Ruritan Club of two existing one-story structural metal buildings (6,400 square feet and 6,000 square feet) for activities and social functions. The building locations are shown on the plan submitted to the Department of Planning on December 18, 2012, entitled Physical Survey, Parcel C Subd. Of Nelson P. Brock & Mabel C. Brock, and dated 20 February A motion was made by David Redmond and seconded by Jan Rucinski to approved item 11. Donald Horsley abstained from item NAY 0 ABS 1 ABSENT 0

17 Item #11 Creeds Ruritan Club Page 2 RUSSO ABS By a vote of , with the abstention so noted, the Commission approved item 11 by consent.

18 Item #12 City of Virginia Beach Amendment to the Zoning Ordinance (Electronic Display for Fuel Prices) CONSENT An Ordinance to amend the Section 212 and add a new Section 217 of the City Zoning Ordinance, pertaining to electronic displays of motor vehicle fuel prices. The proposed amendment to Section 212 and the addition of a new Section 217 will provide a very limited exception to the Zoning Ordinance s prohibition of electronic display signage by allowing motor vehicle fuel prices to be displayed in electronic display (LED) format. The new Section 217 contains several restrictions on such displays, including those below. The signs will only be allowed as part of a Conditional Use Permit for an automobile service station at which motor vehicle fuels are offered for sale (includes a convenience store where fuel is sold). The signs will also be allowed at establishments for which a Conditional Use Permit allowing fuel sales has previously been granted and remains in effect. There will be no more than one such sign on the zoning lot where the establishment is located. The sign will be monument-style and will not be allowed to exceed eight feet in height. The sign will have no more than three separate panels for the electronic display of fuel prices, and each panel will be limited to the display of a single grade of fuel. The fuel prices will not be allowed to change more often than two times in any 24-hour period. Scrolling, flashing, blinking, or other type of intermittent movement or illumination of the elements of the electronic display will not be allowed. The electronic display cannot exceed more than two colors. A motion was made by David Redmond and seconded by Jan Rucinski to approve item NAY 0 ABS 0 ABSENT 0

19 Item #12 City of Virginia Beach Page 2 RUSSO By a vote of 11-0, the Commission approved item 12 by consent. Bill Macali appeared before the Commission on behalf of the City.

20 Item 13 Pocahontas Landing, L.L.C. Conditional Use Permit 300 Block of Public Landing Road District 7 Princess Anne CONSENT An application of Pocahontas Landing, L.LC. for a Conditional Use Permit (Non-Commercial Marina) on property located at the Terminus of Public Landing Road, District 7, Princess Anne. GPIN: CONDITIONS The proposed pier shall be developed substantially in accordance with the submitted Joint Permit Application, Proposed Pier Detail, as shown on sheet five of the Joint Permit Application ; dated March 18, 2013 and prepared by Barney Environmental, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A motion was made by David Redmond and was seconded by Jan Rucinski to approve item NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission approved item 13 by consent. Jason Barney appeared before the Commission on behalf of the applicant.

21 Item D1 Home Associates Variance to the Subdivision Regulations 508 Forest Street and lot to south District 2 Kempsville CONSENT An application of Home Associates for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at Lot to the immediate south of 508 Forest Street, District 2, Kempsville. GPIN: CONDITIONS 1. The subject site shall be resubdivided substantially in accordance with the submitted preliminary subdivision plat entitled Proposed Resubdivision Exhibit, Lot 12 & Lot 13 Kempsville Parkway, Geo. Denny Property ; dated June 17, 2013 and prepared by Martin Engineering. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 2. A minimum 13-foot wide side yard setback along the northern property line of Lot 13A shall be required for any principal structure. A note to this effect must be provided on the final resubdivision plat. 3. The following note must be provided on the final resubdivision plat: The installation and all costs associated with providing sanitary sewer laterals and / or water taps to Lot 13A will be the responsibility of the developer / owner of the lot at the time of construction or the request for services. A motion was made by David Redmond and seconded by Jan Rucinski to approved item D1. 11 NAY 0 ABS 0 ABSENT 0

22 Item D1 Home Associates Page 2 RUSSO By a vote of 11-0, the Commission approved item D1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

23 Item #D2 U-Haul Company of Tidewater Modification of a Conditional Use Permit 4950 Virginia Beach Boulevard District 4 Bayside DEFERRED An application of U-Haul Company of Tidewater for a Modification of a Conditional Use Permit for a self-storage facility approved by the City Council on November 10, 1993 on property located at 4950 Virginia Beach Boulevard, District 4, Bayside. GPIN: Steve Romine, the applicant s representative, requested at 60 day deferral. A motion was made by David Redmond and seconded by Donald Horsley to defer item D2 for 30 days. 11 NAY 0 ABS 0 ABSENT 0 RUSSO By a vote of 11-0, the Commission deferred item D2 for 30 days.

24 Item #D3 Kempdel, Inc. Conditional Change of Zoning Northern terminus of Shurney Lane & 881 Shurney Lane District 2 Kempsville CONSENT An application of Kempdel, Inc. for a Conditional Change of Zoning from A-12 to PD-H2 with underlying zoning of A-12 on property located at 881 Shurney Lane & northern terminus of Shurney Lane, District 2, Kempsville. GPIN: ; PROFFERS PROFFER 1: When the Property is developed, it shall be as a residential condominium containing no more than seventeen (17) units in substantial conformity with the PRELIMINARY SITE PLAN OF DIAMOND HILL CONDOMINIUMS FOR KEMPDEL INC VIRGINIA BEACH, VIRGINIA, dated 11/12/12, prepared by Kellam-Gerwitz (the Concept Plan ), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property will be developed, Grantor shall install landscaping in substantial conformity in substantial conformity with the Landscape Plan For Diamond Hill Condominiums, dated January 28, 2013 (the Landscape Plan ) a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures shown on the Concept Plan shall be developed using architectural designs shown on the three (3) elevations designated DIAMOND HILL CONDOMINIUMS MODEL A ; MODEL B ; and MODEL C (the Elevations ), copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5 double grain clapboard, vinyl double 5 wood grain Dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles.

25 Item #D3 Kempdel, Inc. Page 2 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 6: The dimensional requirements applicable to Diamond Hill Condominiums shall be as follows: Minimum setback from Diamond Springs Road 30 feet Minimum setback from Shurney Lane 30 feet Minimum rear yard and side yard setback from the adjacent property 12 feet Minimum distance from dwelling to edge of curb on interior street 4.5 feet Minimum distance between residential buildings: Side to side 7.8 feet Side to rear 15 feet Maximum fence height for interior unit/yard: Solid vinyl fences for all units 6 feet PROFFER 7: 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. PROFFER 8: The Covenants, Restrictions and conditions set forth herein replace and supersede the 2008 Proffers. A motion was made by David Redmond and seconded by Jan Rucinski to approved item D3. Ronald Ripley abstained from item D3. 10 NAY 0 ABS 1 ABSENT 0 ABS

26 Item #D3 Kempdel, Inc. Page 3 RUSSO By a vote of , with the abstention so noted, the Commission approved item D3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

27 Item #D4 Lille Farms, Inc. Conditional Change of Zoning Variance to the Subdivision Regulations 2120 Centerville Turnpike District 1 Centerville CONSENT An application of Lillel Farms, Inc. for a (1) Conditional Change of Zoning (B-2 & A-24 to Conditional PD-H2 (A-24) and an application of Lillel Farms, Inc. for a (2) Subdivision Variance to Section 4.1 pertaining to public street right-of-way width on property located at a portion of 2120 Centerville Turnpike, District 1, Centerville. GPIN: PROFFERS CONDITIONAL REZONING REQUEST PROFFER 1: The single family attached (townhouse) and multi-family residential developments on the Rezoning Parcel, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Lorax Design Group, entitled Land Plan, dated April 15, 2013 (the Concept Plan ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: The freestanding signage located on the Re-zoning Parcel shall be monument style, shall be no taller than six feet (6 ) in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. The freestanding signage located on the Re-zoning Parcel shall also be substantially similar in design to that depicted on the exhibit prepared by Lorax Design Group, entitled Entry Sign Elevation, dated April 15, 2013 (the Entry Sign elevation ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 3: The architectural treatment, size, and quality of the multi-family residential units constructed on the Re-Zoning Parcel identified as Buildings A-1 and A-2 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled Apartment Elevation Back, dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.

28 Item #D4 Lillel Farms, Inc. Page 2 PROFFER 4: The architectural treatment, size, and quality of the multi-family residential units constructed on the Re-Zoning Parcel identified as Building C-1, C-2 and C-3 on the Concept Plan, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled Carriage Home Elevation Front / Town Home Elevation Back, dated April 30, 2013 ( the Single Family Elevations ), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 5: The color scheme of the single-family attached (townhouse) units constructed on the Re-Zoning Parcel identified as Buildings T-1 through T-9 on the Concept Plan ( the Townhouses ), when developed, shall be earth-toned and shall be complementary to that of the multi-family residential units constructed on the RE-Zoning Parcel. PROFFER 6: The architectural treatment, size, and quality of the Townhouses, when developed, shall be in substantial conformity with the conceptual rendering prepared by J. Price Architecture, entitled Town Home Elevation Front / Carriage Home Elevation Back, dated April 30, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The architectural treatment of the Townhouses may be modified so long as the number of stories of each Townhouse is not increased or decreased, the pedestrian and vehicular access to each unit remains the same, and the building materials remain of the same or higher quality as that shown on the Single Family Elevations. PROFFER 7: Grantor shall construct on the Re-Zoning Parcel, when developed, a clubhouse facility (the Clubhouse ) containing meeting space and recreational amenities. The architectural treatment, size, and quality of the Clubhouse shall be in substantial conformity with the conceptual renderings prepared by J. Price Architecture, entitled Clubhouse Elevation Front / Clubhouse Elevation Back, dated April 30, 2013,(the Clubhouse Elevations ), which Clubhouse Elevations share the same sheet as the Single Family Elevations. Copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 8: Grantor shall provide landscaped entrance features at the two (2) vehicular entrance points serving the Re-Zoning Parcel substantially as shown on the exhibits prepared by Lorax Design Group, entitled Lynnhaven Parkway Entry Feature Plan, (dated April 15, 2013), and Centerville Turnpike Entry Feature Plan, (both dated April 15, 2013), (together the Entrance Feature Plans ), copies of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.

29 Item #D4 Lillel Farms, Inc. Page 3 PROFFER 9: The design, height, and materials used for fencing within the yards adjacent to Lynnhaven Parkway shall be in substantial conformity to the fencing depicted on an exhibit entitled Lynnhaven Parkway Streetscape Cross Section prepared by Lorax Design Group, and dated April 15, 2013, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 10: Fencing within the yards between the Townhomes and the internal lake developed on the Rezoning Parcel shall not be in excess of four feet (4 ) in height (excluding fence posts, which shall not exceed six feet (6 ) in height), and shall have an open design. PROFFER 11: The green-shaded areas (the Open Space Area ) depicted on the open space plan prepared by Lorax Design Group, dated April 15, 2013, entitled Open Space Plan (the Open space Plan ), shall be subject to recorded restrictive covenants that restrict the use of such areas for any purpose other than recreation, open space, and stormwater management facility use. The restrictive covenants shall run with the land and be in full force and effect for a period of at least fifty (50) years. The covenant shall be approved by the City Attorney, or his designee, and recorded prior to the date the first building permit for any building on the Re-Zoning Parcel is issued or any subdivision plat affecting the Re-Zoning Parcel is approved. PROFFER 12: Grantor shall submit a rezoning petition to rezone the Open Space Area to P-1 Preservation District, as defined in the CZO, prior to the date any subdivision plat affecting the Re-Zoning Parcel is approved. PROFFER 13: That portion of the Open Space Area that is located north of the 40 Right-of-Way depicted on the Open Space Plan shall be owned and maintained by the owner of the multi-family residential units constructed on the Re-Zoning Parcel. The remainder of the Open Space Area shall be owned and maintained by the homeowners association made up of owners of the Townhouses (all of which owners shall be members of such homeowners association). PROFFER 14: 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. SUBDIVISION VARIANCE

30 Item #D4 Lillel Farms, Inc. Page 4 1. The Subdivision of the property shall be in substantial conformance with the plan entitled, Cascades East Proposed Parcels of Tax Parcel , prepared by Silver Core Engineering, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. On-street parking shall not be allowed on the proposed 40-foot wide right-of-way with 26- foot wide paved street, depicted on the plan entitled, Cascades East Proposed Parcels of Tax Parcel , prepared by Silver Core Engineering, Inc. The posting of signs to that affect shall be required. A motion was made by David Redmond and seconded by Jan Rucinski to approve item D4. Ronald Ripley abstained from item D4. 10 NAY 0 ABS 1 ABSENT 0 RUSSO ABS By a vote of , with the abstention so noted, the Commission approved item D4 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant.