Item #1 Sentara Healthcare Modification of a Conditional Use Permit 1036 and 1060 First Colonial Road District 5 Lynnhaven October 10, 2012 DEFERRED

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1 Item #1 Sentara Healthcare Modification of a Conditional Use Permit 1036 and 1060 First Colonial Road District 5 Lynnhaven DEFERRED An application of Sentara Healthcare for a Modification of a Conditional Use Permit for a hospital approved by City Council on May 27, 2003 (Relocation of helipad) on property located at 1036 and 1060 First Colonial Road, District 5, Lynnhaven. GPIN: ; NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission deferred item 1.

2 Item #2 Mount Olympus Fitness, L.L.C. Conditional Use Permit 1060 First Colonial Road District 5 Lynnhaven CONSENT An application of Mount Olympus Fitness, L.L.C. for a Conditional Use Permit for an indoor recreation facility / gymnasium on property located at 2116 Great Neck Square Shopping C enter, Suite 109, District 5, Lynnhaven. GPIN: CONDITION The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and Fire Department, as well as a Certificate of Occupancy from the Building Official before issuance of a business license. 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. 11 NAY 0 ABS 0 ABSENT 0

3 Item #2 Mount Olympus Fitness, L.L.C. Page 2 By a vote of 11 0, the Commission approved item 2 by consent. Gabriel McCoy appeared before the Commission on behalf of the applicant.

4 Item #3 Archangel Enterprises, Inc. Change of Zoning Conditional Use Permit East side of Maxey Drive and north of Virginia Beach Boulevard District 6 Beach CONSENT An application of Archangel Enterprises, Inc. for a Change of Zoning from A 12 Apartment to B 2 Business and a Conditional Use Permit for motor vehicle sales and service on property located at 1888 Virginia Beach Boulevard and east side of Maxey Drive, District 6, B each. GPIN: ; CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Site Development Plan of Virginia Beach Autoplex Virginia Beach Boulevard and Maxey Drive, prepared by NDI Engineering Company Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed buildings shall substantially adhere to the submitted Lynnhaven Motor Company Presentation Package, prepared by Ionic Dezign Studios, and dated July 20, Said rendering package has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. 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 building mounted 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. 4. Parking spaces and display area spaces shall be clearly delineated in the parking lot in accordance with the approved plan. Vehicles shall to be parked in the designated areas, and no vehicles shall be parked within any portion of the public right of way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscaped areas on the site. Vehicles shall not be displayed with the hood of the vehicle open. 5. There shall be no electronic display signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows, and doors. There shall be no pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the

5 Item #3 Archangel Enterprises, Inc. Page 2 vehicles. 6. No outdoor speakers or public address system shall be permitted. 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 or Change of Zoning 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. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

6 Item #4 City of Virginia Beach (Pleasure House Point) Change of Zoning Marlin Bay Drive District 4 Bayside CONSENT An application of the City of Virginia Beach (Pleasure House Point) for a Conditional Change of Zoning from PD H1 Planned Unit Development to P 1 Preservation District on property located at 3957 Marlin Bay, District 4, Bayside. GPIN: ; ; ; The request to change the zoning from the existing PD H1 Planned Unit Development District to P 1 Preservation District on these five parcels is recommended for approval. Although identified in the Outdoors Plan as a high priority for City acquisition, this property was recently being considered for a large waterfront development. The Outdoors Plan recognized this site s ability to enhance preservation of our natural resources while providing opportunities for public access to the Lynnhaven River. The City, with the help of the Trust for Public Land, and in coordination with the Chesapeake Bay Foundation, the surrounding community, and local conservation groups, purchased the property in July Now, these almost 118 acres can be preserved for passive recreation and environmental educational opportunities. With acres of upland area, this acquisition represents one of the largest undeveloped parcels of land on the Lynnhaven River. The property was recently re subdivided to create a total of 5 parcels and it is anticipated that Parcel 3, with acres, will be sold to the Chesapeake Bay Foundation for the establishment of an environmental education center. A conservation easement was recorded on Parcel 1, comprising 84 acres. Uses permitted under the easement are limited to non motorized trails, low impact water access and recreational uses consistent with those allowed in the P 1 Preservation District. The acquisition of Pleasure House Point will preserve wetlands and maritime forest; provide opportunities for passive recreation and nature observation; create on site, non motorized water access; offer interpretive education on various coastal wetland and maritime forest habitats and wildlife; present the environmental significance of the Lynnhaven estuary and the Chesapeake Bay to citizens and visitor; and, foster additional growth in community awareness and support for ongoing ecosystem understanding. 11 NAY 0 ABS 0 ABSENT 0

7 Item #4 City of Virginia Beach (Pleasure House Point) Page 2 By a vote of 11 0, the Commission approved item 4 by consent. Carolyn Smith appeared before the Commission on behalf of the applicant.

8 Item #5 City of Virginia Beach (Little Island Park) Floodplain Variance 3820 Sandpiper Road District 7 Princess Anne CONSENT An application of the City of Virginia Beach (Little Island Park) for a floodplain variance to renovate and expand the existing public parking lot at Little Island Park on property located at 3820 Sandpiper Road, District 7, Princess Anne. GPIN: The Virginia Beach Department of Parks and Recreation, in coordination with the Department of Public Works, is proposing a three phase Capital Improvement Program (CIP) project to: increase parking capacity of a 600 space parking lot, pedestrian safety, connectivity and accessibility; and, to install a pervious paving system. Phase 1A of this project, the addition of a third lane along a portion of Sandpiper Road, was completed in May As Phases 1B, 2 and 3A and 3B propose improvements outside of the right ofway, it was determined during construction plan review that a Floodplain Variance is required, as the entire site is within the Floodplain Subject to Special Restrictions (Section 5B.5(c)). The current variance request applies to Phases 1B, 2, and 3B only. Specifically, Phase 1B consists of a new entrance and attendant booth and 133 new parking spaces. These new spaces will add to the existing 600 parking spaces at the site. All new parking spaces, along with the existing 600 space parking lot that requires replacement, are proposed to be constructed with a pervious paving system. Phase 2 consists of a new bathhouse, a 288 space renovated parking lot and the replacement of the existing Public Works maintenance area lot located at the south end of the park. The maintenance area is proposed with a separate entrance off of Sandpiper Road to reduce conflicts between park users and large equipment. Public Works and Public Utilities use this lot as a staging area for sand and debris that is removed from rights of way and other public spaces throughout the Sandbridge community after a storm event. Phase 3A consists of a renovated 344 space parking lot. A portion of Phase 3A is currently owned by the Commonwealth of Virginia, and at this time, the Commonwealth is not a party to this request. Phase 3B consists of a renovated 264 space parking lot. 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.

9 Item #5 City of Virginia Beach (Little Island Park) Page 2 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 5. Brian Solis appeared before the Commission on behalf of the applicant.

10 Item #6 Colonial Collision Center, L.L. C. d/b/a Rick Hendrick Collision Center Conditional Use Permit 2700 International Parkway District 6 Beach CONSENT An application of Colonial Collision Center, L.L.C. for a Conditional Use Permit for an automobile repair facility/garage on property located at 2700 International Parkway, District 6, Beach. GPIN: CONDITIONS 7. The site shall be developed in substantial accordance with the submitted Conditional Use Permit Exhibit 2700 International, dated 09/11/12, and prepared by Martin Engineering. Said preliminary plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 8. The building shall be developed in substantial accordance with the submitted Conceptual Perspective International, dated September 10, 2012, and prepared by Finley Design. Said perspective has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 9. The fence shall be developed in substantial accordance with the submitted Fence Exhibit 2700 Building and dated July 30, 2012,. Said fence exhibit has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 10. Building and monument signs shall be designed in substantial accordance with the submitted Sign Elevations 2700 International Pkwy,dated July 26, 12 and prepared by Cardinal Sign Corporation. Said sign exhibits must meet zoning ordinance requirements. Said sign exhibits have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 11. All motor vehicle repairs shall take place inside the building. No inoperable vehicles shall be located in the parking area outside of the vehicle storage area. 12. There shall be no outside display or storage of equipment, parts or materials. 13. There shall be no storage containers outside the building or parking spaces. 14. No outdoor speakers or public address system shall be permitted. 15. All outdoor lights shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining properties.

11 Item #6 Colonial Collision Center, L.L.C. d/b/a Rick Hendrick Collision Center Page A Certificate of Occupancy shall be obtained from the Building Official for the appropriate use group. 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. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 6 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

12 Item #7 Ramona G. & Robert G. Castner Conditional Use Permit 5236 Windsor Lane District 2 Kempsville REGULAR An application of Ramona G. & Robert G. Castner for a Conditional Use Permit for a child daycare on property located at 5236 Windsor Laen, District 2, Kempsville. GPIN: CONDITIONS 17. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home. 18. Hours of operation shall be limited to Monday through Friday, 8:00 a.m. to 5:30 p.m. 19. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 20. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 21. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 22. 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. 23. 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. 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

13 Item # 9 12 City of Virginia Beach Page 2 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. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 7. Ramona Castner, the applicant appeared before the Commission. Lois Kessmann appeared in opposition.

14 Item #8 City of Virginia Beach Discontinuance, closure and abandonment of a portion of Locust Crescent, portion of Ellis Avenue, Lake Avenue and Oak Street District 4 Bayside CONSENT An application of the City of Virginia Beach for a discontinuance, closure and abandonment of a portion of Locust Crescent and Ellis Avenue, Lake Avenue and Oak Street, District 4, Bayside. Adjacent to GPINs , , , , , , , , , , , CONDITIONS 1. The City Attorney s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City s Interest in Streets Pursuant to Street Closures, approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right of way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right of way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right of way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right of way this approval shall be considered null and void. 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. 11 NAY 0 ABS 0 ABSENT 0

15 Item # 9 12 City of Virginia Beach Page 2 By a vote of 11 0, the Commission approved item 8 by consent. Robert McPherson, the applicant, appeared before Commission

16 Item # 9 12 City of Virginia Beach Amendments to ordinances Public Works Design Standards Manual CONSENT 9. An Ordinance to Add Section for Temporary Commercial Parking Lot Standards and to Conform Sections 246 and 1501 and Sections and of Appendix 1 of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual. 10. An Ordinance to Conform Sections 1.2, 5.1, 5.2, 5.9, and 5B.8 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. 11. An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance to the provisions of the Public Works Design Standards Manual. 12. An Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3, and 7.1 of the Subdivision Regulations to the Provisions of the Public Works Design Standards Manual. SUMMARY OF AMENDMENT This set of proposed amendments is intended to accomplish the following: 1. Replace references to the Public Works Specifications and Standards as found in the Zoning Ordinance, Site Plan Ordinance, Subdivision Ordinance, and Chesapeake Bay Preservation Area Ordinance with references to the updated and reformatted Public Works Design Standards Manual, and 2. Adds requirements, as necessary, to the land development ordinances (listed above), due to the deletion of those requirements from the Public Works Specifications and Standards. For example, the requirements for Temporary Commercial Parking Lots were located in the Public Works Specifications and Standards. Those requirements are still needed; therefore, Agenda Item 9 is an amendment intended to address that need. 11 NAY 0 ABS 0 ABSENT 0

17 Item # 9 12 City of Virginia Beach Page 2 By a vote of 11 0, the Commission approved items 9 12 by consent. City Attorney Kay Wilson appeared before the Commission.

18 Item #13 Brava, L.L.C. Modification of a Conditional Use Permit 2002 Pacific Avenue District 6 Beach REGULAR An application of Brava, L.L.C. for a Modification of a Conditional Use Permit for a commercial parking lot approved by City Council on August 23, 2011 on property located at 2002 Pacific Avenue, District 6, Beach. GPIN: CONDITIONS 24. Except as required by Condition 2, improvements shall be in substantial conformance with the plan entitled, Parking Lot Site Plan Ocean Horizons Properties, LC Virginia Beach Development Co. Virginia Beach, Virginia prepared by WPL Landscape Architects Land Surveyors Civil Engineers, dated October 11, 2011 and revised April 24, 2012, which has been exhibited to the City Council and is on file in the Department of Planning. 25. Standard perimeter parking lot landscaping shall be required along Pacific Avenue and 20 th Street to include a minimum five foot (5 ) wide planting bed with a combination of trees and evergreen shrubs. 26. The attendant kiosk shall be similar in design to the building elevations of the 4 10 x 6 7 Hardi panel siding with vinyl corner trim submitted with the 2011 conditional use permit. 27. The gate shall consist of materials that are generally recognized as maintenance free. A detail of the gate shall be submitted with the final site plan for approval. 28. The hours of operation for the parking lot shall be identical to the hours of the City s parking lots, as established by City Council, for publicly owned parking lots with the Resort Area. 29. The vehicular access point for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 30. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review. 31. Trash receptacles shall be installed and maintained at the locations determined during site plan review. 32. Provide, at site plan review, a stormwater management plan for water quantity conveyance and storage and water quality treatment in accordance with the City Site Plan and

19 Item #13 Brava, L.L.C. Page 2 Stormwater Management Ordinances and Public Works Specifications and Standards. 33. Since this commercial parking lot will not be stripped, the lot shall be operated only when an attendant is stationed on the site to valet park vehicles. 34. If a fence is installed, provide a non opaque fence no taller than four (4) feet, constructed of maintenance free materials along the perimeter of the parking lot, with the exception of the gated ingress, egress. Landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 35. This modification of the Conditional Use Permit is approved for five years from the date of City Council approval, with an annual review by the Zoning Administrator or her designee to insure compliance with the conditions. 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. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 13. Deborah Kassir, the applicant, appeared before the Commission.

20 Item #14 MPB, Inc. Conditional Change of Zoning Southwest corner of Princess Anne Road and Elson Green Road District 7 Princess Anne CONSENT An application of MPB, Inc. for a Conditional Change of Zoning from AG 1 & AG 2 to Conditional O 2 on property located on the southwest corner of Princess Anne Road and Elson Green Avenue, District 7, Princess Anne: GPIN: 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: When developed, Grantor shall develop the property including the building and landscaping thereon, in substantial conformity with the Preliminary Site Plan prepared by VHB, Inc. dated May 17, 2012, and titled Munden Property, Residual Parcel B, Virginia Beach, Virginia, (the Plan ), a copy of which has been is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: When developed, the building shown on the Plan shall be developed using architectural designs and building materials shown on the six renderings by Innovate Architecture Interiors dated May 7, 2012, grouped together and titled Nimmo Medical Center, Virginia Beach, Virginia, the Renderings ), copies of which are on file with the Department of Planning and have been exhibited to the City Council. PROFFER 3: The signs on the buildings shown on the Plan shall be in substantial conformity with the building signs shown in the Renderings. PROFFER 4: The monument signs shown on the Plan shall be in substantial conformity with the sign plan by Artlite Signs and Awnings titled Sentara Nimmo Medical Center, Virginia Beach, VA., (Drawing # AM 1 and # AM 2), a copy of which sign plan is on file with the Department of Planning and has been exhibited to the City Council.

21 Item #14 MPB, Inc. Page 2 PROFFER 5: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or subdivision 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 May 31, 2012, and found it to be legally sufficient and in acceptable legal form. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission approved item 14 by consent. Stephen Davis appeared before the Commission on behalf of the applicant.

22 Item #15 R & J Petro, Inc. d/b/a Studios 4 Less Conditional Change of Zoning 712 South Military Highway District 2 Kempsville DEFERRED An application of R & J Petro, Inc. d/b/a Studios 4 Less for a Conditional Change of Zoning ( H 1 Hotel and B 1 Business to Conditional B 4 Mixed Use) on property located at 712 South Military Highway, District 2, Kempsville. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission deferred item 15. Les Watson appeared before the Commission on behalf of the applicant.

23 Item #16 U Haul Company of Tidewater Modification of a Conditional Use Permit 4950 Virginia Beach Boulevard District 4 Bayside O ctober 10, 2012 DEFERRED An application of U Haul Company of Tidewater for a Modification of a Conditional Use Permit for a self storage facility approved by City Council on November 10, 1993 on property located at 4950 Virginia Beach Boulevard, District 4, Bayside. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11 0, the Commission deferred item 16.