Item #1 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne December 12, 2012

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1 Item #1 Armada Hoffler Development Company, L.L.C. Conditional Change of Zoning 2101 Princess Anne Road District 7 Princess Anne DEFERRED An application of Armada Hoffler Development Company, L.L.C. for a Conditional change of Zoning from AG-1 & AG-2 Agricultural & B-2 Community Business to Conditional B-2 Community Business on property located at 2101 Princess Anne Road, District 7, Princess Anne. GPIN: HODSGON By a vote of 10-0, the Commission deferred item 1.

2 Item #2 Princess Anne Masonic Lodge #25 Conditional Use Permit 3067 West Neck Road District 7 Princess Anne REGULAR An application of Princess Anne Masonic Lodge #25 for a Conditional Use Permit for an assembly use Masonic lodge on property located at 3067 West Neck Road, District 7, Princess Anne. GPIN: By a vote of 10-0, the Commission deferred item 2 for 30 days.

3 Item #3 Roving Auto Modification of a Conditional Use Permit 300 S. Rosemont Road District 6 Beach DEFERRED An application of Roving Auto for a Modification of Conditional Use Permit for motor vehicle sales approved by City Council on January 13, 2009 on property located at 300 S. Rosemont Road, District 6, Beach. GPIN: By a vote of 10-0, the Commission deferred item 3.

4 Item #4 Armada Hoffler Tower 4, L.L.C. Conditional Use Permit 222 Central Park Avenue District 5 Lynnhaven CONSENT An application of Armada Hoffler Tower 4, L.L.C. for a Conditional Use Permit for private university/college on property located at 222 Central Park Avenue, District 5, Lynnhaven. GPIN: NOTE: 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. 8 NAY 0 ABS 2 1 ABS ABS By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 4 by consent. Mike Nuckols appeared before the Commission on behalf of the applicant.

5 Item #5 William McCarthy Conditional Change of Zoning 3004 Holland Road District 7 Princess Anne CONSENT An application of William McCarthy for a Conditional change of Zoning from AG-2 Agricultural to Conditional B-2 Community Business on property located at 3004 Holland Road, 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: Only uses that are permitted in the B-2 Community Business District and compatible in APZ-2 and the Greater than 75 db DNL, as shown on Tables 1 and 2 of Section 1804 of the City Zoning Ordinance, shall be allowed on this property. PROFFER 2: In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled Site Plan of 3004 Holland Road dated 9/28/2012, prepared by Pinnacle Group Engineering, Inc. (the Concept Plan ), a copy of which is on file with the City of Virginia Beach, Department of Planning and which has been exhibited to City Council, with regard to layout, ingress and egress, and landscaping. PROFFER 3: The architectural design of the retail buildings will be substantially as depicted on the elevations designated as Holland Road Shoppes prepared by RDM Residential Designs, LLC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). The building shall be a steel building with a brick and stucco front façade. PROFFER 4: 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.

6 Item #6 William McCarthy Page 2 STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and insure the site will be developed in a coordinated manner in terms of proposed structure, parking and landscaping. The agreement also governs the type of uses that will be acceptable on the site. The City Attorney s Office has reviewed the proffer agreement dated October 3, 2012, and found it to be legally sufficient and in acceptable legal form. By a vote of 10-0, the Commission approved item 5 by consent. There was no applicant or agent present.

7 Item #6 Tammy & Charles Bodie Conditional Use Permit 770 Glenshire Drive District 2 Kempsville REGULAR An application of Tammy & Charles Bodie for a Conditional Use Permit for a residential kennel on property located at 770 Glenshire Drive, District 2, Kempsville. GPIN: CONDITIONS 1. Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only the specific nine dogs in the home as of the date of City Council approval of this Use Permit. At such time as any of the identified dog(s) die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the dog(s). Notwithstanding however, the applicant may keep the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall remain within the fenced-in area and be supervised at all times, and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 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.

8 Item #10 Dave & Busters, Inc. Page 2 By a vote of 10-0, the Commission approved item 6. Charles Bodie, the applicant, appeared before the Commission. Rose Marie Mann appeared before the Commission in opposition but withdrew her opposition.

9 Item #7 Urban-X-Change II, Inc. Conditional Use Permit 701 Lynnhaven Parkway, Unit K01B District 3 Rose Hall DEFERRED An application of Urban-X-Change II, Inc. for a Conditional Use Permit for a tattoo studio on property located at 701 Lynnhaven Parkway, Suite K01B, District 3, Rose Hall. GPIN: By a vote of 10-0, the Commission deferred item 7.

10 Item #8 Hollomon Brown Funeral Home, Inc. Conditional Change of Zoning 3445 Princess Anne Road District 7 Princess Anne DEFERRED An application of Hollomon Brown Funeral Home, Inc. for a Conditional Change of Zoning from AG-2 Agricultural to O-2 Office on property located at 3445 Princess Anne Road, District 7, Princess Anne. GPIN: portion of portion of By a vote of 10-0, the Commission deferred item 8.

11 Item #9 Ocean Horizon Properties, L.C. Conditional Use Permit th Street District 6 Beach CONSENT An application of Ocean Horizon Properties, L.C. for a Conditional Use Permit for a commercial valet parking lot on property located at th Street, District 6, Beach. GPIN: CONDITIONS 6. Except as required by Condition 2, improvements shall be in substantial conformance with the plan entitled, Preliminary to Accompany Conditional Use Permit Application of Commercial Valet Parking at 20 th Street and Pacific Ave for Ocean Horizons Properties, LC Virginia Beach, Virginia prepared by SIA Site Improvements Civil Engineers, Surveyors & Site Contractors dated , which has been exhibited to the City Council and is on file in the Department of Planning. 7. Reduction of perimeter parking lot landscaping from the required ten feet (10 ) to five feet (5 ) shall be allowed adjacent to the rights-of-way of Pacific Avenue and 20 th Street, except that such reduction shall only be permitted if the applicant provides one of the appropriate Optional Forms of Development (OFD) specified in Section C of the Oceanfront Resort District Form-Based Code. Such OFD shall be provided within the 20- foot wide landscape area located within the public right-of-way adjacent to the 20 th Street side of the parking lot. Upon the Zoning Administrator s approval of the OFD, the reduced perimeter landscaping shall consist of a minimum five-foot (5 ) wide planting bed with a combination of trees and evergreen shrubs. 8. 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. 9. 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. 10. The vehicular access point on 20 th Street for the parking lot shall meet the requirements set forth in the Public Works Standards and Specifications Manual. 11. All outdoor lighting shall be shielded to direct the light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from adjoining property. A photometric plan shall be submitted during site plan review. 12. Trash receptacles shall be installed and maintained at the locations determined during

12 Item #10 Dave & Busters, Inc. Page 2 site plan review. 13. 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 Stormwater Management Ordinances and Public Works Specifications and Standards. 14. 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. 15. If a fence is installed, a non-opaque fence no taller than four (4) feet and constructed of maintenance-free materials shall be installed along the perimeter of the parking lot, with the exception of the gated ingress-egress. The required landscaping shall be installed outside the fence. Said fence shall not be chain link or wood split rail. 16. This 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.

13 Item #10 Dave & Busters, Inc. Conditional Use Permit 701 Lynnhaven Parkway District 3 Rose Hall CONSENT An application of Dave & Busters, Inc. for a Conditional Use Permit for an indoor recreational facility on property located at 701 Lynnhaven Parkway, District 3, Rose Hall. GPIN: CONDITIONS 17. The tenant space shall be located substantially in accordance with the submitted Exhibit A Lynnhaven Mall Virginia Beach, Virginia prepared by GGP and dated 09/15/2012. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 18. The exterior building elevations shall be constructed in substantial accordance with the submitted elevations entitled Dave & Buster s Virginia Beach, Virginia. Prepared by Aria Group Architects, Inc. and dated Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 19. The hours of operation will be from 11:00 a.m. until 1:00 a.m. on Monday, Tuesday, Wednesday, Thursday and Sunday and 11:00 a.m. until 2:00 a.m. on Friday and Saturday. 20. Restaurant plans must be submitted to the Virginia Beach Department of Public Health for review and approval. A Virginia Department of Health permit it operate a restaurant is required prior to opening. 21. The applicant shall obtain and/or update all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire 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

14 Item #10 Dave & Busters, Inc. 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. By a vote of 10-0, the Commission approved item 10 by consent. Lane DeYoung appeared before the Commission on behalf of the applicant. By a vote of 10-0, the Commission approved item 9 by consent. Sam Baraki appeared before the Commission on behalf of the applicant.

15 Item #11 Kevin Patrick Romaine Change of Zoning 5677 Morris Neck Road District 7 Princess Anne REGULAR An application of Kevin Patrick Romaine for a Change of Zoning from B-2 to AG-2 on property located at 5677 Morris Neck Road, District 7, Princess Anne. GPIN: The 2006 rezoning to B-2 Business was granted by the City Council with proffers, and Proffer 1 required submission of a subdivision plat that included vacating the property lines as depicted on the proffered site plan. The purpose of the plat was to provide at least 20,000 square feet, which is the minimum required lot area for the B-2 Business District (the proffered site plan showed 27, 629 square feet). A subdivision plat meeting the requirement of that proffer, however, was never recorded. As a result, there remains an abandoned fire station located on a 0.62-acre site, which is zoned B-2 Business, that remains part of a larger acre parcel that is zoned AG-2 and AG-1 Agriculture. The combined acreage of both the B-2 zoned area and the AG-2 and AG-1 zoned area is acres and has one owner. There are no dwelling units on that parcel. The approval of this rezoning request from Business back to AG-2 Agriculture will restore the zoning on the parcel to its pre-2006 state. Since the dwelling will be the only one on the acre parcel, the property owner and applicant may elect to keep the lot as it is. They may also, however, elect to subdivide from the larger lot a residential parcel that meets the lot area requirements of the AG-2 Agricultural District. By a vote of 10-0, the Commission approved item 11. Kevin Patrick Romaine, the applicant, appeared before the Commission.

16 Item #12 Town Center Associates 11, L.L.C. Page 2 Neal Chavez appeared before the Commission in opposition.

17 Item #12 Town Center Associates 11, L.L.C. Conditional Use Permit Block 11, Town Center District 5 Lynnhaven CONSENT An application of Town Center Associates 11, L.L.C. for a Conditional Use Permit for multi-family dwellings on property located at Block 11, Town Center, District 5, Lynnhaven. GPIN: ; CONDITIONS 1. There shall be no more than 290 multi-family dwelling units within the proposed building. 2. The exterior of the building shall substantially adhere to the submitted renderings and elevation titled MAIN STREET ELEVATION, prepared by Cox, Kliewer & Company, P.C., dated 10/5/12. Said elevation has been exhibited to the Virginia Beach City Council and is on file with the City of Virginia Beach Planning Department. 3. All mechanical equipment, including generators, shall be screened from the public right of ways. The screening shall include solid walls that complement the structure. 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. 8 NAY 0 ABS 2 1

18 Item #12 Town Center Associates 11, L.L.C. Page 2 ABS ABS By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 12.

19 Item #13 Salem Woods Civic Association Subdivision Variance 4549 & 4553 Revere Drive 4609 Rothwell Court District 3 Rose Hall REGULAR An application of Salem Woods Civic Association for a subdivision variance to Section 4.5 of the Subdivision Ordinance which requires public sites and open spaces for residential subdivisions on property located at (a) 4549 & 4553 Revere Drive and (b) 4609 Rothwell Court, District 3, Rose Hall. GPIN: a) b) The Salem Woods Civic Association (SWCA) is requesting a Subdivision Variance to Section 4.5 of the Subdivision Ordinance, which pertains to the provision of open space and recreation areas in a residential subdivision. Specifically, Section 4.5 (c) states: The developer may establish a homeowners association to own and maintain the open space facilities and shall deed the property and facilities to the homeowners association. No property and/or facility shall be deeded to a homeowners association which cannot be used as deeded for the intended purpose. The applicant has not specified to staff what the specific use of the two subject lots (pool/pool house, parking and recreation area) will be if the variances are granted by the Planning Commission. If the subdivision variances are granted, any future use of the parcels must meet the requirements of the Zoning Ordinance and the Subdivision Ordinance. Thus, if the Planning Commission votes to recommend approval of the variance, staff recommends the following conditions. 22. A note must be provided on the subdivision plat stating that any proposed lots shall be developed with single family dwellings or used as open space. 23. Exterior building materials shall be similar to existing exterior building materials used within the development. 8 NAY 2 ABS 0 1 NAY NAY

20 Item #13 Salem Woods Civic Association Page 2 By a vote of 8-2, the Commission approved item 13 for the subdivision of Rothwell Court. Kenneth Sessoms appeared before the Commission on behalf of the applicant. Mary Rapay appeared before the Commission in opposition.

21 The Planning Commission s Nominating Committee made the following nominations for the 2013 Planning Commission Election of Officers. Jay Bernas Chairman Dave Redmond Vice Chairman Chris Felton Secretary By a vote of 10-0, the Commission approved the election of officers for the 2013 Planning Commission