Item #1 City of Virginia Beach Amendment to Comprehensive Plan/Centerville SGA February 13, 2013 REGULAR

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1 Item #1 City of Virginia Beach Amendment to Comprehensive Plan/Centerville SGA February 13, 2013 REGULAR An Ordinance to amend the Comprehensive Plan by Adopting the Centerville Strategic Growth Area Master Plan, March 2013, and revising the Policy Document. SUMMARY OF AMENDMENT The City began a planning process to prepare a Master plan for the Centerville Strategic Growth Area (SGA) in May The last plan to be developed for the City s eight SGAs, the Centerville SGA planning process followed the same multidisciplinary, process-based, three-phased approach used to develop most of the other SGA plans: understanding, exploring, and deciding. This public planning process was guided by a Steering Committee comprised of a cross-section of community representatives. The planning process involved extensive public outreach and collaboration with stakeholders. In fact, due to the extensive amount of public participation and comment received after the initial draft was released in September 2012, the Centerville SGA warranted an additional public meeting during the deciding phase to respond to stakeholder concerns. This SGA faced its own unique set of challenges, including the presence of two landfills and some of the worst traffic congestion in the City. Alternatively, the SGA also carries much promise with the presence of two major institutions and a major corporate entity, all of which are adjacent to a large expanse of undeveloped land under single ownership with prime interstate frontage. The master plan responds to these challenges and capitalizes on these strengths with a vision based on ten design principles identified in the early stages of the planning process. As a means of achieving the vision to become an education-oriented master-planned community, the plan outlines strategies for the street network, parks and open space networks, bikeways and trail networks, stormwater management, sanitary sewer systems, water systems, and mitigation for the existing waste management facilities. The master plan also identifies six focus areas for which it lays out recommended site design, building heights, and land uses. The attached amendments revise the Comprehensive Plan accordingly and direct the reader to the Centerville SGA Master Plan for full details. RECOMMENDATION The Centerville Strategic Growth Area Master Plan is the result of an extensive public participation process involving area residents, property owners, business owners, religious and education institutions, and special interests. This public involvement was instrumental in shaping the plan, which has evolved through several iterations. Originally, the Centerville/Regent SGA, which has since been renamed the Centerville

2 Item #1 City of Virginia Beach Amendment to Comprehensive Plan/Centerville SGA Page 2 SGA, incorporated a much smaller area in which CBN, Regent University, Amerigroup and the undeveloped land around them are located. However, after the first phase of the planning process, the study area tripled in size based on feedback received from the public. Not only was it important to acknowledge the presence of the municipal and private landfills, area residents also recognized potential in the nearby shopping centers. The Woods Corner area shopping centers generated a great deal of interest and public comment. Area residents and business owners cited access problems and traffic congestion as the cause for the high percentage of vacancies in these shopping centers. Although the consultant team initially recommended a mixed use redevelopment plan, area residents clearly stated their opposition to any new residential uses in the Woods Corner area, fearing more traffic congestion and more demand on City services. The agreed upon solution is an improved access framework that will gradually create a block structure but maintain primarily commercial uses. Another important area of interest is the municipal and private landfills. Although the SGA Plan cannot dictate the future of these landfills, it does identify mitigation strategies that can help minimize impacts to surrounding properties. These are important to implement until both landfills can be closed. Clearly the outcome of the SPSA negotiations and the City s decision on the future of the municipal landfill will have an impact on the success of this SGA. In the meantime, however, it is important to move forward with the SGA Plan now so we can begin implementation of the other important components in the plan. Therefore, staff recommends approval of the Centerville SGA Master Plan. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 1. Paul Ostergaard appeared before the Commission to provide a presentation regarding the plan

3 Items #2 & 3 Rivers of Life, L.L.C. Conditional Change of Zoning Modification of Conditional Change of Zoning 736 Newtown Road District 2 Kempsville February 13, 2013 CONSENT An application of Rivers of Life, L.L.C. for a Conditional Change of Zoning (R-7.5 Residential to Conditional PDH-2 Planned Unit Development (A-18 Apartment) and a Modification of Conditional Change of Zoning approved by City Council on May 24, 2011 on property located at 736 Newtown Road, District 2, Kempsville. 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 the Property is developed, it shall be as a residential condominium, substantially in accordance with the Conceptual Site Layout & Landscape Plan of Willow Pond FKA: Breathwaite Place, Virginia Beach, Virginia, dated 11/1/12, prepared by MSA, P.C., 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 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 Newtown Road as depicted on the Concept Plan. There will also be provided a secondary access for emergency vehicles from Rock Creek Lane using grasspave porous pavement, designed to meet the Grantor s fire department requirements. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-two (42). Each dwelling unit shall contain a minimum of 2,080 square feet of enclosed area, with a one (1) car garage or a two (2) car garage. PROFFER 4: The architectural design and exterior building materials of the residential buildings will be

4 Item #2 & 3 Rivers of Life, L.L.C. Page 2 substantially as depicted ad described on the twelve (12) building elevations designated WILLOW POND, dated ; WILLOW POND SIDE ELEVATIONS UNITS #28, #29, AND #30, dated ; WILLOW POND SIDE ELEVATIONS UNITS #1 AND #35, dated ; and WILLOW POND REAR ELEVATIONS UNITS #35 THROUGHT #42 dated which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the Elevations ). Subject to setback requirements as hereinafter provided, a first floor bay window with dimensions no greater that three feet eleven inches by twelve feet (3 11 x 12 ) is permitted on any units. PROFFER 5: The dimensional requirements applicable to Willow Pond shall be as follows: Minimum setback from 56 feet Minimum setback from Rock Creek Lane feet Minimum rear yard and side yard setback from adjacent property except as provided below 10 feet On Units 2 through 11 a first floor bay window (3 11 x 12 ) shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of 6 feet On Units 32, 33, and 34, a first floor bay window (3 11 x 12 ) shall be permitted to reduce the 15 foot landscape buffer and encroach to as setback of 6 feet from the adjacent property of 11 feet Minimum distance from dwelling to edge of curb on interiors streets: Front 3.5 feet Side of dwelling 10 feet Rear of dwelling 10 feet Minimum distance between residential buildings; Side to side 10 feet Rear to rear 10 feet Rear to side 10 feet Maximum fence height for interior unit / yard solid vinyl fences for Units 12 through 27; Units 29, 30, and 31; and Units 35 through 42 4 feet PROFFER 6: 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 Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or un-fenced), drive aisles, and parking areas are open spaces

5 Item #2 & 3 Rivers of Life, L.L.C. Page 3 which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ( Preservation District ). PROFFER 8: Upon its recordation, the First Amendment to the Proffered Covenants, Restrictions and Conditions shall replace and supersede the Proffered Covenants, Restrictions and Conditions dated December 29, 2010 recorded in the Office of the Clerk of the Circuit court of the City of Virginia Beach, Virginia as Instrument Number PROFFER 9: 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 are acceptable as they insure the site will be developed in accordance with the submitted preliminary site and elevation plans. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, and traffic control and circulation within the site. The submitted preliminary elevation plans depict proposed dwellings that are complementary to existing dwellings in the area The City Attorney s Office has reviewed the proffer agreement dated November 1, 2012, 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 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON

6 Item #2 & 3 Rivers of Life, L.L.C. Page 4 HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved items 2 &3 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

7 Item #4 Miller Investment, L.L.C. Modification of Conditional Change of Zoning 1817 London Bridge Road District 7 Princess Anne February 13, 2013 DEFERRED An application of Miller Investment, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on November 1996, District 7, Princess Anne. GPIN: NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission deferred item 4.

8 Item #5 Joseph Castillo Conditional Use Permit 128 Dorset Avenue District 4 Bayside February 13, 2013 CONSENT An application of Joseph Castillo for a Conditional Use Permit (Automotive Repair Garage) on property located at 128 Dorset Avenue, District 4, Bayside. GPIN: CONDITIONS 1. All motor vehicle repair must take place inside the building. 2. No outside storage of equipment, parts, or materials shall be permitted. 3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 4. No tires for sale, merchandise, or parts shall be displayed or stored outside. 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS

9 Item #5 Joseph Castillo Page 2 REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 5 by consent. There was no representative present for this application.

10 Item #6 Frank T. Williams Subdivision Variance 5313 Morris Neck Road District 7 Princess Anne February 13, 2013 CONSENT An application of Frank T. Williams for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 5313 Morris Neck Road, District 7, Princess Anne. GPIN: CONDITION The site shall be developed substantially in accordance with the submitted resubdivision plan entitled Re-Subdivision of Property, Parcels A & C, W.L. Whitehurst, dated/revised August 21, 2012, prepared by Bonifant Land Surveys. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 6 by consent.

11 Item #6 Frank T. Williams Page 2 Dick Browwer appeared before the Commission on behalf of the applicant.

12 Item #7 Matthew W. & Kelly M. Tiffany Subdivision Variance 3905 Richardson Road District 4 Bayside February 13, 2013 CONSENT An application of Matthew W. & Kelly M. Tiffany for a Subdivision Variance to Section 4.4(d) of the Subdivision Variance, which requires that all newly created lots have direct access to a public street on property located at 3905 Richardson Road, District 4, Bayside. GPIN: CONDITION The site shall be developed substantially in accordance with the submitted resubdivision plan entitled Resubdivision of Parcel Designated as 2.1+/- (D.B. 1453, Pg. 514), dated October 15, 2012, prepared by Blakeway Corp. Said plan has been exhibited to the Virginia Beach Planning Commission and City Council and is on file in the 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 7 by consent. Steve Blevins appeared before the Commission on behalf of the applicant.

13 Item #8 Radhakrishna Renukunda & Kavitha Vurmindi Subdivision Variance 1636 Godfrey Lane (Private) District 5 Lynnhaven February 13, 2013 DEFERRED An application of Rdhakrishna Renukunda & Kavitha Vurmindi for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance, which requires that all newly created lots have direct access to a public street. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission deferred item 8.

14 Item #9 Village Bend, L.L.C. Modification of Conditional Change of Zoning Southside of Dam Neck Road at intersection with Patience Place District 7 Princess Anne February 13, 2013 CONSENT An application of Village Bend, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on November 25, 2008 and modified on January 24, 2012 on property located on the south side of Dam Neck Road at intersection with Patience Place, 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: Proffer numbered 9 as set forth in the 2008 Proffers is deleted. PROFFER 2: Except for the deletion of Proffer numbered 9 as contained in the 2008 Proffers, the remaining eleven (11) proffered covenants, restrictions and conditions as set forth in the 2008 Proffers and the previously modified proffers as contained in the First Amendment to the Proffers are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable, as they only result in the deletion of the proffer pertaining to the sign. The deletion of the proffer does not affect the proffers tied to the development of the Village Bend neighborhood. The City Attorney s Office has reviewed the modified proffer agreement dated November 20, 2012, and found it to be legally sufficient and in acceptable legal form.

15 Item #9 Village Bend, L.L.C. 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 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 9 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

16 Item #10 Home Associates of Virginia, Inc. Modification of a Conditional Change of Zoning North side of Princess Anne Road, 344 feet west of Cross Road Trail District 7 Princess Anne February 13, 2013 CONSENT An application of Home Associates of Virginia, Inc. for a Modification of a Conditional Change of Zoning approved by City Council on May 13, 2003 on property located on the north side of Princess Anne Road, 344 feet west of Cross Road Trail, 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: Proffer numbered 8 as set forth in the 2003 Proffers is deleted. PROFFER 2: Except for the deletion of Proffer numbered 8, the remaining proffered covenants, restrictions and conditions as set forth in the 2003 Proffers are hereby ratified and affirmed. STAFF COMMENTS: The proffers listed above are acceptable, as the deletion of the proffer requiring the developer to record a deed restriction requiring a specific age for occupancy of the dwelling units is no longer necessary based on the change in conditions in the area since The City Attorney s Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form.

17 Item #10 Home Associates of Virginia, Inc. 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 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 10 by consent Eddie Bourdon appeared before the Commission on behalf of the applicant.

18 Item #11 Evergreen Virginia, L.L.C. Modification of a Conditional Use Permit 5193 Virginia Beach Boulevard District 2 Kempsville February 13, 2013 CONSENT An application of Evergreen Virginia, L.L.C. for a Modification of a Conditional Use Permit for motor vehicle sales approved by City Council on August 14, 2007 on property located at 5193 Virginia Beach Boulevard, District 2, Kempsville. GPIN: CONDITIONS 1. All conditions with the exception of Numbers 1 and 2 attached to the Conditional Use Permit granted by the City Council on August 14, 2007 remain in effect. 2. Condition Number 1 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the following: The site and landscaping shall be developed in substantial conformance with the submitted site plan entitled SITE PLAN NEW DEALERSHIP FOR CHECKERED FLAG MINI prepared by Hurt & Proffitt, Inc., Sheet C4.0 dated 10/08/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 3. Condition Number 2 of the August 14, 2007 Conditional Use Permit is deleted and replaced with the following: The proposed building shall be constructed substantially in accordance with the submitted site elevation entitled PROPOSED BUILDING ELEVATION, not dated. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Planning Department 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..

19 Item #11 Evergreen Virginia, L.L.C. 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI THORNTON By a vote of 9-0, the Commission approved item 11 by consent. Bruce Simmons appeared before the Commission on behalf of the applicant.

20 Item #12 Brenda Cornwell Conditional Use Permit 1309 Boardwalk Way District 6 Beach February 13, 2013 CONSENT An application of Brenda Cornwell for a Conditional Use Permit (Home Occupation Daycare) on property located at 1309 Boardwalk Way, District 6, Beach. 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, 6:00 a.m. to 7:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. All pool barrier and all barrier requirements pertaining to the outdoor play area, and in particular, the driveway of the Virginia Department of Social Services shall be met. 5. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 6. A sign, no greater than one square foot in size, identifying the home daycare may be installed on the house. 7. 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. 8. 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.

21 Item #12 Brenda Cornwell 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 12 by consent. Brenda Cornwell, the applicant, appeared before the Commission.

22 Item #13 Sandra Miller Conditional Use Permit 4088 Rainbow Drive District 1 Centerville February 13, 2013 REGULAR An application of Sandra Miller for a Conditional Use Permit (residential kennel) on property located at 4088 Rainbow Drive, District 1, Centerville. GPIN: The applicant currently has a total of 4 Pomeranians, and at one time, had up to 15 puppies as a result of the dog s breeding. She desires to add three adult Labradors, bringing the total to seven dogs. The Zoning Ordinance requires a Conditional Use Permit for a Residential Kennel when more than four dogs over six months of age are kept on a parcel as pets or for hunting, exhibiting, or for dog shows. Section 223 of the Zoning Ordinance, which regulates this type of activity, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, unless the animals are kept in soundproof, airconditioned buildings. In this case, at its widest, the site is 91 feet wide. Staff finds that this does not allow adequate space for the dogs. Moreover, there is no proposal to construct a soundproof, air-conditioned kennel for the dogs, and staff is concerned that the dwelling will provide inadequate soundproofing or air-conditioning as intended by the standards of Section 223. As noted above in the Comprehensive Plan section, neighborhood quality is an important guiding recommendation for the Suburban Area. In its review of this Use Permit request, Staff discussed its evaluation and recommendations pertaining to several Use Permit requests during the past several years for Residential Kennels. In particular, Staff considered the potential for this type of use to impact the neighborhood quality that the Comprehensive Plan recommends. The characteristics of neighborhood quality consist of factors such as, and these are not the only factors, daytime and nighttime sound levels appropriate to a residential neighborhood, land uses compatible with a residential setting, and a high level of site and building design. Accordingly, to ensure neighborhood quality is not diminished but is instead enhanced when possible, the use of a residential lot for a Residential Kennel should only be allowed where the lot is of sufficient size for the number of proposed dogs, and when the applicant can clearly demonstrate that use of the lot for a Residential Kennel will not be detrimental to the surrounding area and the dogs will have an adequate kennel that is truly soundproof and air-conditioned. Staff recognizes that it has in the past supported Residential Kennels on various size lots and under a variety of conditions. Staff is concerned that continuation of such support where the factors above are not present may result in unintended detriment to the neighborhood quality. Applicants requesting a Use Permit for a Residential Kennel

23 Item #13 Sandra Miller Page 2 must demonstrate, as part of the factors provided above, and Staff must find through those same factors, that neighborhood quality will be maintained or even enhanced. Staff does not find that this request demonstrates or meets those factors, and thus, Staff recommends denial of the request for a Conditional Use Permit for a Residential Kennel. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to deny the application. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission denied item 13. There was no applicant or representative for this application.

24 Item #14 McDonald Garden Market, L.L.C. Conditional Use Permit 961 Providence Road District 2 Kempsville February 13, 2013 CONSENT An application of McDonald Garden Market, L.L.C. for a Conditional Use Permit (Open Air Market Seasonal Garden Sales) on property located at 961 Providence Shopping Center, District 2, Kempsville. GPIN: CONDITIONS 1. Location and set-up of the seasonal market shall substantially conform to the submitted site plan and shall not occupy more than 31 parking spaces. 2. The applicant shall only operate at this location from March 1 st, 2013 through July 31 st, 2013, between the hours of 8:00 a.m. and 8:00 p.m. 3. All signage shall be located on or inside the fenced enclosure and shall substantially conform to the graphics plan submitted with this application. 4. The applicant shall follow all the safety measures recommended in the submitted report, prepared by George G. Cornwell, P.E., regarding covering all protruding support bars for the shade structure with sandbags or other appropriate means to protect the market s personnel as well as the public. 5. The applicant shall follow all the safety measures recommended in the submitted report by Roland E. McPherson, P.E., regarding the tie-down requirements for the shed structure. 6. As required by Section of the Zoning Ordinance, there shall be no less than one (1) trash receptacle per one thousand (1,000) square feet of sales area. All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. 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.

25 Item #14 McDonald Garden Market, L.L.C. 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 14 by consent.

26 Item #15 Laurie Womack Conditional Use Permit 321 West Farmington Road District 6 Beach February 13, 2013 CONSENT An application of Laurie Womack for a Conditional Use Permit (Home Occupation Daycare) on property located at 321 Farmington Road, District 6, Beach. GPIN: CONDITIONS 1. The home daycare shall be limited to a total of ten (10) 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. A four-foot high fence, to be maintained in good condition at all times, shall separate the outdoor play area from the hot tub. The fence shall meet the pool barrier requirements of the Virginia Department of Social Services. 5. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children are parked on the applicant s front driveway or along the roadway curb adjacent to the front yard. 6. A sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 7. 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. 8. 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

27 Item #15 Laurie Womack 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 15 by consent. Rick Womack appeared before the Commission on behalf of the applicant.

28 Items #16 & 17 Virginia Supportive Housing Change of Zoning Conditional Use Permit 1333 Diamond Springs Road District 4 Bayside February 13, 2013 REGULAR An application of Virginia Supportive Housing for a Change of Zoning from Conditional I-1 Light Industrial to Conditional O-2 Office and a Conditional Use Permit (Single Room Occupancy Facility) on property located at 1333 Diamond Springs Road, District 4, Bayside. 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: The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road, dated November 29, 2012 (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: Improvements on the Property, when developed, shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road, dated November 29, 2012 (the Renderings ), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 2: Further conditions lawfully imposed by applicable development ordinances may be further 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 are acceptable as they insure the site will be developed in accordance with the submitted site plan and building renderings. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, parking layout, amenities, and access to the site. The submitted building

29 Items #16 & 17 Virginia Supportive Housing Page 2 renderings depict structures that are quality in material and design and provide an appearance of being an office use that is desired for this portion of the Burton Station SGA. The City Attorney s Office has reviewed the proffer agreement dated November 30, 2012, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The Property, when developed, shall be developed in substantial conformity with the conceptual site plan prepared by Langley & McDonald, entitled Virginia Supportive Housing, Site Plan, 1333 Diamond Springs Road, dated November 29, 2012 (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. 2. The buildings on the Property shall be developed in substantial conformity with the conceptual building renderings prepared by Via Architects, entitled Virginia Supportive Housing, Conceptual Elevations, 1333 Diamond Springs Road, dated November 29, 2012 (the Renderings ), copies of which are on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. There shall be no more than 81 single-room occupancy units within the two buildings shown on the site plan referenced in Condition The applicant shall adhere to the provisions of the submitted Crescent Square Management Plan, a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 5. There shall be at least 41 parking spaces located on the site as shown on the plan referenced in Condition Based upon a finding that the commercial design guidelines of the Burton Station Strategic Growth Area Implementation Plan recommend that the front of buildings be located adjacent to or near to the right-of-way (dependent on the type of use), as well as a finding that there will be no significant detrimental effects on surrounding properties due to a front yard setback less than that prescribed by the Zoning Ordinance, the front yard setback as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance.

30 Items #16 & 17 Virginia Supportive Housing Page 3 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. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODSGON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 16 &17 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. Mary Aab, Pamela Fletcher, and Timothy McCarthy spoke in support of the application. Eddie Bourdon, Robert Searies, and Frank Willson spoke in opposition.

31 Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District February 13, 2013 REGULAR REQUEST: An Ordinance to amend and reordain Sections 1904 and 1905 of the City Zoning Ordinance pertaining to lot coverage, setbacks, landscaping and design incentives in the Old Beach Overlay District. SUMMARY OF AMENDMENT The Old Beach neighborhood is generally bounded by 27½ St to the north, Arctic Avenue to the east, 22½ Street to the south, and Parks Avenue to the west. In December 2005, the City Council adopted the Old Beach Overlay District Ordinance (Article 19 of the City Zoning Ordinance) as well as the Old Beach Design Guidelines. At the same time, the City Council rezoned the area to place the Old Beach Overlay District over the existing zoning. Section 1900 of the Zoning Ordinance states that The purpose of the Old Beach Overlay District is to preserve and enhance the historic status of the Old Beach neighborhood as one of the first residential areas within the Oceanfront Resort Area by providing opportunities for both new and redeveloped resort residential development, characterized by single-family cottage-style homes and compatible multi-family residential dwellings. Furthermore, the Old Beach Design Guidelines are provided for this district, the purpose of which is to encourage development that is appropriate for the district. The Old Beach Design Review Committee was established as a resource for those seeking to develop within the Old Beach (OB) Overlay District. The committee is intended to preserve, enhance and promote the character of the neighborhood in accordance with the Old Beach Design Guidelines and the provisions of the OB Overlay District. Plan submission and review by the committee is voluntary. The Old Beach Design Review Committee conducted a review of development activity in the OB Overlay District since the establishment of the Overlay District and Design Guidelines in The purpose of the Committee s review was to determine if the ordinance and guidelines are working satisfactorily and meeting intended objectives. The Committee determined that application of the ordinance is, in some cases, having unintended effects that are inconsistent with the objectives of the Old Beach Design Guidelines, particularly in regard to lot coverage for primary and ancillary dwellings, garage setbacks and landscaping requirements. To eliminate inconsistencies between the Overlay Ordinance and the Design Guidelines and to better reflect the objectives of the Guidelines, the Committee worked with staff to draft revisions to the Overlay Ordinance, which are attached to this report and are summarized below.

32 Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District Page 2 Lot Coverage Current: The ordinance currently allows the maximum lot coverage of a principal dwelling to be between 51% and 65% of the total lot coverage and the maximum lot coverage of a ancillary dwelling to be between 35% and 49% of the total lot coverage total. The ordinance prohibits the sum of the principal dwelling lot coverage and ancillary dwelling lot coverage from exceeding 100%. In contradiction to the Overlay Ordinance, the Old Beach Design Guidelines state that the maximum lot coverage of a principal dwelling cannot exceed 60% of the lot coverage and the maximum lot coverage of an ancillary dwelling cannot exceed 40%. A finding of the Old Beach Design Review Committee s review of development indicates that while the Overlay Ordinance permits a variation in lot coverage between the principal and ancillary dwellings, the majority of development has a lot coverage split near to or at 51% / 49%. The result is what appear to be two single-family dwellings on one lot. Proposed: To ensure that the principal dwelling on a lot is indeed the larger of the two singlefamily dwellings on one lot, and thus address the issue described above, the amendment states that the maximum lot coverage of a principal dwelling cannot exceed 60% of the total lot coverage. The maximum lot coverage of an ancillary dwelling cannot exceed 40% of the total lot coverage. Garage Setbacks Current: The ordinance currently allows a 20-foot setback for garages. The result has been homes that do not meet the intent of the Design Guidelines, which recommend front façade design that makes the porch and front door the front focal points instead of the garage door. Proposed: The setback for garages is increased from 20 feet to 36 feet from the lot line. For lots developed with 2 single-family homes, the garage setback will be 36 feet from the rear lot line if an improved alley exists. Side yard setbacks for garages are decreased from 8 feet to 5 feet when not adjacent to a street. Landscape Requirements Current: On the 40-foot wide lots that predominate in Old Beach, meeting the requirement for 1,200 square foot of landscaping has been challenging. Proposed:

33 Item #18 City of Virginia Beach Amendment to Sections 1904 and 1905 of the City Zoning Ordinance/ Old Beach Overlay District Page 3 This amendment provides greater flexibility in landscape design while retaining the landscaping provisions of the Guidelines or the Ordinance. On lots developed with a principal and an ancillary home, rain gardens and bioretention areas may be included as part of the required 600 square feet of landscaping per unit. Organization of Ordinance Additionally, the overall organization of the Old Beach Overlay District Ordinance has been revised as part of the proposed amendment. Accordingly, while the first few pages of the attached ordinance amendment consist of significant text being deleted, that same text is added afterwards. The only actual changes are the ones noted above. RECOMMENDATION The proposed amendments are the result of an extensive review by the Old Beach Design Review Committee of dwellings developed since the 2005 adoption of the ordinance and establishment of the overlay. The findings of the Committee indicated that the desired design objectives contained in the Old Beach Design Guidelines were not being transferred to the reality of what was being constructed. Through work with City staff to seek the reasons for this contradiction, the attached ordinance amendments were drafted. There will be additional efforts in the coming months to update the Design Guidelines to better present the desired end goal to those considering development within the Old Beach Overlay District. Any revisions to the Guidelines will need to be considered by the Planning Commission and City Council. 9 NAY 0 ABS 0 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 9-0, the Commission approved item 18. Jonathan Sanders appeared before the Commission. Billy Almond spoke in support of the amendment.