By a vote of 11-0, the Board has approved the application of Amerigroup Corporation.

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1 Item #1 Amerigroup Corporation Conditional Use Permit 4433 Corporate Lane District 4 Bayside CONSENT GPIN: An application of Amerigroup Corporation for a Conditional Use Permit or an eating and drinking establishment on property located at 4433 Corporation Lane. CONDITIONS 1. All signs shall be in conformance with Article 2 (B) and Section 805 of the City of Virginia Beach Zoning Ordinance 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. There was no representative on this application. By a vote of 11-0, the Board has approved the application of Amerigroup Corporation.

2 Item #2 Geo I, L.L.C. C/O John Georghiou Change of Zoning District Classification 4480 & 4488 Indian River Road District 1 Centerville DEFERRED GPIN: ; ; An application of Geo I, L.L.C. C/O John Georghiou for a Change of Zoning District Classification on property located at 4480 & 4488 Indian River Road. There was no representative on this application. By a vote of 11-0, the Board has deferred the application of GEO I, L.L.C C/O John Georghiou.

3 Item #3 City of Virginia Beach Amendment to Section 501 of the Zoning Ordinance to outdoor recreational and amusement facilities in residential districts CONSENT An Ordinance to amend Section 501 of the City Zoning Ordinance, pertaining to outdoor recreational and amusement facilities in residential districts The proposed amendments to the City Zoning Ordinance pertain to conditional use permits for outdoor recreational or amusement facilities in the Residential Districts. Outdoor recreation facilities are currently allowed as a conditional use in the Residential Districts and such facilities may be partially or temporarily enclosed on a seasonal basis with the approval of City Council. The current code accommodates temporary enclosures such as inflatable structures however; it does not allow indoor recreation areas. As a result, a temporary enclosure cannot be upgraded to a permanent structure in the Residential Districts. The proposed amendments expand the current regulations to allow permanently enclosed indoor areas to be approved as part of a conditional use permit for outdoor recreation in the Residential Districts. The indoor areas must be for the same activities conducted on the outdoor portion and the total area of such indoor components may not exceed 20% of the total site area covered by the conditional use permit Karen Lasley presented this item. By a vote of 11-0, the Board has approved the Ordinance to amend Section 501 of the City Zoning Ordinance pertaining to outdoor recreational and amusement facilities in residential districts.

4 Item #4 Virginia Beach Racquet Club North Associates Modification of Conditions 1950 Thomas Bishop Lane District 5 Lynnhaven DEFERRED GPIN: An application of Virginia Beach Racquet Club North Associates for a modification of Conditions on property located at 1950 Thomas Bishop Lane. By a vote of 11-0, the Board has deferred the application of Virginia Beach Racquet Club North Associates. There was no representative present.

5 Item #5 R.M. Clark, L.L.C. Change of Zoning District Classification Southside of Indian River Road between Lake James Drive and Ferry Point Road District 1 Centerville DEFERRED GPIN: a portion of ; ; ; ; An application of R.M. Clark, L.L.C. for a Change of Zoning District Classification from R- 5D to Conditional B-2on property located at Indian River Road between Lake James Drive and Ferry Point Road. By a vote of 11-0, the Board has deferred the application of R.M. Clark, L.L.C. Robert Beaman, Troutman Sanders appeared on behalf of the applicant.

6 Item #6 Cavalier Golf & Yacht Club C/O John Milleson Conditional Use Permit 1052 Cardinal Road District 5 Lynnhaven APPROVED CONDITIONS 2. The site shall be developed substantially in accordance with the Chesapeake Bay Area Preservation Board variance conditions approved May 24, Said variance information is on file in the Virginia Beach Planning Department. 3. Additions and alterations to the clubhouse facilities shall substantially adhere to the submitted plans titled Upper Level Existing and New Work, Lower Level Existing and New Work, and North and West Elevation Cavalier Golf & Yacht Club, prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. Site improvements shall substantially adhere to the submitted plans entitled CBPA Variance Exhibit, Parcel A, Resubdivision of Property of Cavalier Golf & Yacht Club, dated March 30, 2010, and prepared by Gallup Surveyors & Engineers, LTD. Said plans have been exhibited the Virginia Beach City Council and are on file in the Planning Department. 5. The four inflatable tennis court enclosures shall only be on the site November 1 st through April 1 st yearly. The inflatable enclosures shall be green in color so as to blend with the existing vegetation. The applicant shall obtain all necessary building permits, inspections, and a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before occupying the enclosures. During the months of November 1 st through April 1 st the hours of operation shall be 8:00 am through 9:00 pm. 6. The applicant shall plant evergreen trees and shrubs along the eastern side of the entrance road to the clubhouse. The applicant shall work with Current Planning staff to determine an appropriate planting plan. The applicant shall install the plants as soon as possible upon approval by the City Council of this request. GPIN: An application of Cavalier Golf & Yacht Club for a Conditional Use Permit for a outdoor recreational facility on property located at 1052 Cardinal Road.

7 Cavalier Golf & Yacht Club Page 2 By a vote of 11-0, the Board has approved the application of Cavalier Golf & Yacht Club. Billy Garrington spoke on behalf of the applicant. William Needham spoke in opposition to the application.

8 Item #7 Gail Hart s Performing Arts Group, Inc. Conditional Use Permit 5224 Indian River Road, Suite District 2 Kempsville APPROVED CONSENT 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. GPIN: An application of Gail Hart s Performing Arts Group, Inc. for a Conditional Use Permit for an indoor recreation facility on property located at 524 Indian River Road, Suite The applicant Gail Hart appeared before the Board. By a vote of 11-0, the Board has deferred the application of Saint Aidan s Episcopal Church.

9 Item #8 Ocean Rental Properties, L.L.C. Modification of Conditional Change of Zoning 3202 Holly Road District 6 Beach CONSENT GPIN An application of Ocean Rental Properties, L.L.C. for a Modification of a Conditional Change of Zoning on property located at 3202 Holly Road. PROFFERS The following are proffers submitted by the applicant at the informal hearing 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 redeveloped, in order to achieve a coordinated layout and design of the site as a five (5) unit residential condominium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectively, in order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building location, setbacks, building orientation, stormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the REZONING / LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNHOME CONDOMINIUMS dated 4/28/10, 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 ( Concept Plan ). PROFFER 2: When the property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. PROFFER 3: When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, HOLLY PINES CONDOMINIUMS, dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( Elevations ). PROFFER 4: When redeveloped, those upland portions of the property s frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the afore referenced Concept Plan LANDSCAPE PLAN FOR HOLLY ROAD FRONTAGE, HOLLY PINES CONDOMINIUM dated 4/28/10, 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 ( Landscape Plan ). The only permanent community identification signage shall be no larger than four (4) square feet in size and imbedded in mounted on the eastern face of the brick column as noted on the Concept Plan. The sign may not be internally illuminated. PROFFER 5: 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 6:

10 Item #8 Ocean Rental Properties, L.LC. Page 2 The Covenants, Restrictions and Conditions set forth herein replace modify and supersede replace the 2000 Proffers. 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 April 27, 2010, 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 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. Eddie Bourdon appeared on behalf of the applicant Ocean Rental Properties, L.L.C. By a vote of 11-0, the Board has approved the application of Ocean Rental Properties, L.L.C.

11 Item #9 Ben Johnson Modification of Conditions 612 Nevan Road District 5 Lynnhaven CONSENT GPIN: An application of Ben Johnson for a Modification of Conditions on property located at 612 Nevan Road. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2008 remain in effect. 2. Condition Number 1 of the September 23, 2008 Conditional Use Permit is deleted and replaced with the following: The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications in suites 106 and 104 is approved for a period of one year with an administrative review every year thereafter. Eddie Bourdon appeared on behalf of the applicant Ben Johnson. By a vote of 11-0, the Board has approved the application of Ben Johnson.

12 Item #10 Mark & Christine Zappernick Discotinuance, closure and abandonment of an unimproved street Between Lots 13 & 14, Avalon Hills, and between Barkwood Court and Richland Drive District 1 Centerville DEFERRED An application of Mark and Christine Zappernick for The discontinuance, closure, and abandonment of an unimproved unnamed right-of-way between Lots 13 (936 Richland Drive) and Lot 14 (940 Richland Drive), Avalon Hills and between Richland Drive and Barkwood Court. 10 NAY 0 ABS 1 ABSENT 0 ABS By a vote of , with the abstention so noted, the Board has deferred the application of Mark and Christine Zappernick for 60 days.

13 Item #11 Virginia Beach Travel Soccer, Inc. Modification of Conditions 2949 Shipps Corner Road District 6 Beach CONSENT GPIN: An application of Virginia Beach Travel Soccer, Inc. for the Modification of a Conditional Use Permit on property located at 2949 Shipps Corner Road. CONDITIONS 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. The fields shall be used for practices and for adult league games. There shall, however, be no events that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of-way reservation shall be provided along Shipps Corner Road as required for the Shipps Corner Road Bridge Replacement Plan CIP and as called for in the Master Transportation Plan. 4. Right and/or left turn lanes shall be constructed on Shipps Corner Road if Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. All outdoor recreational lighting fixtures shall be no higher than forty (40) feet and shall be directed downward. In addition, glare guards, Daybrite Model VSLL, have been added to all lights facing Shipps Corner Road and must remain in place. The four poles of designated field lights facing Shipps Corner Road must remain turned off. The designated field lights are as follows: one pole of field lights facing Shipps Corner Road in the last row closest to the south and east property lines and three consecutive poles of field lights facing Shipps Corner Road in the second row from the south property line on the eastern end of the property as labeled on the site layout. The field lights shall be controlled by timers and can only be used Monday through Friday until 9:00 p.m. Outdoor parking lot lighting shall be no higher than twenty five (25) feet and shall be directed downward and shielded to direct light and glare onto premises and away from adjoining properties. 6. Restrooms/first aid building shall be developed in substantial conformance with the submitted plan entitled New Building Shipps Corner Road Virginia Beach Virginia prepared by Kelly Jean Olt dated March 10, The indoor soccer facility shall be developed in substantial conformance with the submitted plan entitled Conditional Use Exhibit for Shipps Corner Soccer Complex #2949 Shipps Corner Road Virginia Beach Virginia prepared by WPL Landscape Architects, Land Surveyors, Engineers dated June 29, The indoor facility shall be developed in substantial conformance with the submitted rendering entitled RAVE SOCCER COMPLEX LLC.

14 Item #11 Virginia Beach Travel Soccer, 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 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. Eddie Bourdon spoke on behalf of the applicant Virginia Beach Travel Soccer, Inc. Linda Russell and Don Crago spoke in opposition. By a vote of 11-0, the Board has approved the application of Virginia Beach Travel Soccer, Inc.

15 Item #12 Old Dominion Soccer Club (ODSC) Conditional Use Permit 4397 Wishart Road District 4 Bayside An Ordinance to amend Section 1303 of the City Zoning Ordinance DEFERRED Darrell Nolen spoke on behalf of the applicant Old Dominion Soccer Club (ODSC)/ Mark Weathersby, Susan Murrell, and Clyde Croswell spoke in support of the application. Robert Frenzel, Harriett Frenzel, Chuck Plimpton, Anne T. Denny, and Howard Cartwright spoke in opposition to the application. By a vote of 11-0, the Board has deferred the application of Old Dominion Soccer Club (ODSC) for 30 days.

16 Item #13 Chesapeake Atlantic, L.L.C. Modification of Conditions 173 & 177 S. Birdneck Road 1228 Jensen Drive District 6 Beach August 14, 2010 DEFERRED GPIN: ; ; portion of An application of Chesapeake Atlantic, L.L.C. for a Modification of Conditional Change of Zoning approved by City Council on October 24, 2006 on property located at 173 & 177 S. Birdneck Road and 1228 Jensen Drive. By a vote of 11-0, the Board has deferred the application of Chesapeake Atlantic, L.L.C.