Item #1 Thalia Automotive Services, L.L.C. Conditional Use Permit 4300 Virginia Beach Boulevard District 5 Lynnhaven May 9, 2012 CONSENT

Transcription

1 Item #1 Thalia Automotive Services, L.L.C. Conditional Use Permit 4300 Virginia Beach Boulevard District 5 Lynnhaven CONSENT An application of Thalia Automotive Services, L.L.C. for a Conditional Use Permit for Automotive Repair on property located at 4300 Virginia Beach Boulevard, District 5, Lynnhaven. GPIN: CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. Vehicles awaiting repair shall be parked in the south western section of the site, which is depicted in yellow on the submitted plan. Vehicles awaiting pickup shall be parked along the north eastern portion of the site, which is depicted in green on the submitted plan. 3. There shall be no outside storage of equipment, parts, or materials. 4. The canopy over the fueling pump area shall be removed within 90 days of City Council approval. 5. The free-standing sign shall be modified to conform to the City Zoning Ordinance or be removed within 90 days of City Council approval. If a new free-standing sign is installed, it shall be a monument-style sign, no more than 8 feet in height with a brick base of at least two feet in height. 6. The vehicular driveway entrances on southeast portion of the site, closest to the intersection of Virginia Beach Boulevard and Thalia Road, with one on each roadway, shall be closed within 90 days of City Council approval. The closed areas shall be landscaped in accordance with the Site Plan Ordinance, Section 5A, Landscape requirements.

2 Item #1 Thalia Automotive Services, L.L.C. Page 2 The applicant shall install evergreen shrubs, a minimum of three feet in height, along the western property line. 7. The cargo container behind the building shall be removed within 90 days of City Council approval. 8. The applicant shall obtain a Certificate of Occupancy for the change of use to an automobile repair facility from the Permits and Inspections division of the Planning Department before the business license is issued. 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. 10 NAY 0 ABS 0 1

3 Item #1 Thalia Automotive Services, L.L.C. Page 3 By a vote of 10-0, the Commission approved item 1 by consent. Peri Christodaulias and Burton Burroughs appeared before the Commission on behalf of the applicant.

4 Item #2 Habitat for Humanity South Hampton Roads Conditional Change of Zoning 4957 Bonney Road District 4 Bayside DEFERRED An application of Habitat for Humanity South Hampton Roads for a Conditional Change of Zoning from R-5D Residential Duplex to Conditional R-2.5 Residential on property located at 4957 Bonney Road, District 4, Bayside. GPIN: NAY 0 ABS 0 1 THORNTO By a vote of 10-0, the Commission deferred item 2. Helen Hayes, the applicant, appeared before the Commission.

5 Item #3 Parkway Estates, L.L.C. Floodplain Variance South side of Nimmo Parkway 390 feet east of Townfield Lane District 7 Princess Anne DEFERRED An application of Parkway Estates, L.L.C. for a Floodplain Variance to Section 5B of the Site Plan Ordinance on property located on the south side of Nimmo Parkway, 390 feet east of Townfield Lane, District 7, Princess Anne. GPIN: , NAY 0 ABS 0 1 By a vote of 10-0, the Commission has deferred item 3.

6 Item #4 BPMS Cascades, L.L.C. & BPMS Cascades 2, L.L.C. Modification of Conditional Change of Zoning Northwest corner of Centerville Turnpike and Lynnhaven Parkway District 1 Centerville DEFERRED An application of BPMS Cascades, L.L.C. and BPMS Cascades 2, L.L.C. for a Modification of Conditional Change of Zoning originally approved by the City Council in 2008 and then modified in 2009 on property located on the northwest corner of Centerville Turnpike and Lynnhaven Parkway, District 1, Centerville. GPIN: , NAY 0 ABS 0 1 By a vote of 10-0, the Commission deferred item 4.

7 Item #5 Michael H. Norment Conditional Use Permit 3233 Pacific Avenue District 6 Beach CONSENT An application of Michael H. Norment for a Conditional Use Permit for a commercial parking lot on property located at 3233 Pacific Avenue, District 6, Beach. GPIN: CONDITIONS 1. The applicant shall comply with the requirements of City Code requirements for commercial parking lots. These requirements are found in Chapter 23, Section The submitted site and landscape plans shall be modified to comply with the requirements listed in the evaluation section of the report. 3. The proposed entrances shall be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section These requirements include a 30-foot width (for two-way access points) or an 18-foot to 22-foot width (for one-way access), measured at the property line, and 15-foot radii at the entrance. 4. All parking for employees shall be met on site. Parking spaces for employees shall be designated with a sign or painted on the space. 5. The applicant shall obtain a Certificate of Occupancy for the use from the Permits and Inspections Division of the Planning Department before the business license is issued.

8 Item #5 Michael H. Norment 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. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 5 by consent. Steve Rowe appeared before the Commission on behalf of the applicant.

9 Item #6 Madeline F. Bailey Trust Conditional Use Permit Automotive Repair Garage 176 Mac Street District 4 Bayside CONSENT An application of Madeline F. Bailey Trust for a Conditional Use Permit for an Automotive Repair Garage on property located at 176 Mac Street, District 4, Bayside. GPIN: CONDITIONS 1. All automotive repairs shall be performed inside the building. 2. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 3. There shall be no outside storage of equipment, parts, or materials. 4. The applicant shall work with current Planning Staff to determine the location of the required parking. 5. The applicant shall work with current Planning Staff on a landscape plan. 6. The applicant shall obtain a Certificate of Occupancy for the change of use from the Permits and Inspections division of the Planning Department before the business license is issued.

10 Item #6 Madeline F. Bailey Trust 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. 9 NAY 0 ABS 1 1 ABS By a vote of 9-0-1, with the abstention so noted, the Commission approved item 6 by consent. Les Watson appeared before the Commission on behalf of the applicant.

11 Item #7 Coastal Enterprises, L.L.C. Floodplain Variance 601 Sandbridge Road District 7 Princess Anne CONSENT An application of Coastal Enterprises, L.L.C. for a variance to Section 5B of the Site Plan Ordinance (Floodplain Regulations) on property located at 601 Sandbridge Road, District 7, Princess Anne. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the submitted exhibit plan entitled Siebert Realty Sandbridge Road, dated January 2012, and prepared by PHRA Engineers, Surveyors, Planners, and Landscape Architects. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building shall conform in design to the existing buildings on the site. The applicant shall submit elevations of the building to the Current Planning office during detailed site plan review. 3. The applicant shall obtain a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before use of the building. 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.

12 Item #7 Coastal Enterprises, L.L.C. Page 2 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 7 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

13 Item #8 Car Choice Enterprise, Inc. Conditional Use Permit 5001 Virginia Beach Boulevard District 4 Bayside DEFERRED An application of Car Choice Enterprise, Inc. for a Conditional Use Permit for motor vehicle sales and service on property located at 5001 Virginia Beach Boulevard, District 4, Bayside. GPIN: NAY 0 ABS 0 1 By a vote of 10-0, the Commission deferred item 8. Eddie Bourdon appeared before the Commission on behalf of the applicant.

14 Item #9 Calvary Chapel Modification of a Conditional Use Permit 5230 Indian River Road District 2 Kempsville CONSENT An application of Calvary Chapel for a Modification of a Conditional Use Permit for a church expansion on property located at 5230 Indian River Road, District 2, Kempsville. GPIN: CONDITIONS 1. The applicant shall obtain all necessary permits and a Certificate of Occupancy as deemed necessary by the Building Official s Office for all uses and buildings under the church s purview. 2. The total occupancy load for each building shall be established by the Building Official s Office and the Fire Marshall; however, due to the parking limitations, in no event shall there be more than 140 people within the sanctuary. 3. Parking for church use and activities shall be permitted anywhere on the site where written permission is obtained to utilize these spaces. 4. All signs on the site shall be in conformance with the Zoning Ordinance. Roof mounted signs are prohibited. 5. Category IV screening adjacent to residential neighborhood to the north shall be installed and maintained in conformance with the Zoning Ordinance.

15 Item #9 Calvary Chapel 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. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 9 for consent. Jason Arrington appeared before the Commission on behalf of the applicant.

16 Item #10 Stihl, Incorporated Conditional Use Permit 536 Viking Drive District 6 Beach CONSENT An application of Sthil, Incorporated for a Conditional Use Permit for Wind Energy Conversion System, roof mounted in excess of one per principal on property located at 536 Viking Drive, District 6, Beach. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled Wind Turbine Location Exhibit, A Portion Of #536 Viking Drive, Property Owned By Stihl Incorporated, Virginia Beach, Virginia, dated 2/16/12, and prepared by Hoggard / Eure Associates. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The WECS units shall be Windtronics Honeywell Wind Turbines, as submitted with the application. The manufactory s details are on file in the Planning Department. 3. The turbines are to be a maximum of twelve feet and four inches in height above the roof top and six feet in diameter. 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.

17 Item #10 Stihl, Incorporated 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. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 10 by consent. Raefore Eure appeared before the Commission on behalf of the applicant.

18 Item #11 Kroger Limited Partnership I Conditional Use Permit 3901 Holland Road District 3 Rose Hall CONSENT An application of Kroger Limited Partnership I for a Conditional Use Permit for automotive service station (fuel sales) on property located at 3901 Holland Road, District 3, Rose Hall. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Conditional Use Site Plan, dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation Kroger Fuel R-540 Holland Windsor, dated February 28, Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be

19 Item #11 Kroger Limited Partnership I Page 2 externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or flag style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 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. 10 NAY 0 ABS 0 1

20 Item #11 Kroger Limited Partnership I Page 3 By a vote of 10-0, the Commission approved item 11 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

21 Item #11 Kroger Limited Partnership I Conditional Use Permit 3901 Holland Road District 3 Rose Hall CONSENT An application of Kroger Limited Partnership I for a Conditional Use Permit for automotive service station (fuel sales) on property located at 3901 Holland Road, District 3, Rose Hall. GPIN: CONDITIONS 1. The site shall be developed substantially in accordance with the submitted Conditional Use Site Plan, dated 2/28/12, and prepared by RLR Robertson Loia Roof Architects and Engineers. Signage depicted on the site plan is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed canopy, fuel pumps, and kiosk shall be constructed in substantial accordance with the submitted elevation Kroger Fuel R-540 Holland Windsor, dated February 28, Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Planning Department / Current Planning and Zoning Administration for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall provide a photometric plan for review and approval by City staff. Canopy lighting shall be recessed and lighting levels shall be a maintained average of 30 foot candles (fc). All lighting on the site should be consistent with those standards recommended by the Illumination Engineering Society. 4. Signage for the proposed use shall be limited to that allowed by the City Zoning Ordinance. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be

22 Item #11 Kroger Limited Partnership I Page 2 externally illuminated. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, on the canopy or the canopy columns, or light poles. 5. There shall be no pennants, banners, streamers, strings of lights, portable signs, electronic display signs, or flag style signs on the site. 6. There shall be no outdoor vending machines, ice boxes, or the display of merchandise anywhere within the facility area. 7. The applicant shall provide on the site a hazard mitigation kit for fuel spills and an accessible telephone or notification system for emergency contact of the responsible party for the site. 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. 10 NAY 0 ABS 0 1

23 Item #11 Kroger Limited Partnership I Page 3 By a vote of 10-0, the Commission approved item 11 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

24 Item #12 City of Virginia Beach Department of Parks & Recreation Change of Zoning 3427 Club House Road District 3 Rose Hall CONSENT An application of the City of Virginia Beach, Department of Parks and Recreation for a Change of Zoning from R-7.5 Residential District and H-1 Hotel District to P-1 Preservation District on property located at 3427 Club House Rose, District 3, Rose Hall. GPIN: , , NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 12 for consent. Barbara Duke appeared before the Commission on behalf of the applicant.

25 Item #13 Wheel and Rim Repair, Inc. Conditional Use Permit 3428 Chandler Creek Road District 3 Rose Hall CONSENT An application of Wheel and Rim Repair, Inc. for a Conditional Use Permit for an auto repair garage on property located at 3428 Chandler Creek Road, District 3, Rose Hall. GPIN: CONDITIONS 1. All motor vehicles repairs shall take place inside the building. 2. All painting shall be done indoors with the exterior doors closed. 3. There shall be no outside display or storage of equipment, parts or materials. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 5. There shall be no storage containers outside the building or in parking spaces. 6. All outdoor lighting shall be shielded to direct light and glare onto the premises. All lighting shall be deflected, shaded and focused away from adjoining property. 7. 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

26 Item #13 Wheel and Rim Repair, Inc. Page 2 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. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 13 for consent. Horace Linton appeared before the Commission on behalf of the applicant.

27 Item #14 James Kennedy VI Conditional Use Permit 3505 Byrn Brae Drive District 2 Kempsville REGULAR An application of James Kennedy VI for a Conditional Use Permit for a home occupation sales (firearms) on property located at 3505 Byrn Brae Drive, District 2, Kempsville. GPIN: CONDITIONS 1. The conditional use permit for a home occupation firearm sales, gunsmithing, assembling, accurizing as well as providing parts and service for firearms is approved for a period of one (1) year with an administrative review and renewal (if appropriate) every year thereafter. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct his business. 3. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 4. Not more than 20 percent of the floor area of the dwelling unit and accessory structures shall be used in the conduct of activity with the home occupation. 5. No employees shall be employed on the property associated with this home based business. 6. Delivery of firearms to the property shall be secured by only the applicant s signature. 7. The home occupation shall not create noise, dust, vibration, smell, smoke, glare electrical interference, fire hazard or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under

28 Item #14 James Kennedy VI Page 2 normal circumstances wherein no home occupation exists. 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. A motion was made by Bob Thornton to recommend approval of the application and was seconded by Donald Horsley. 4 NAY 6 ABS 0 1 NAY NAY NAY NAY NAY NAY By a vote of 4-6, the Commission denied the motion to recommend approval of the application. James Kennedy appeared before the Commission.

29 Item #15 Dr. Charles P. Fletcher Conditional Use Permit 424 Woodway Lane District 2 Kempsville DEFERRED An application of Dr. Charles P. Fletcher for a Conditional Use Permit for motor vehicle sales on property located at 424 Woodway Lane, District 2, Kempsville. GPIN: NAY 0 ABS 0 1 By a vote of 10-0, the Commission deferred item 15.

30 Item #16 Richard Doummar Conditional Use Permit 2902 Pacific Avenue District 6 Beach CONSENT An application of Richard Doummar for a Conditional use permit for a temporary commercial parking lot on property located at 2902 Pacific Avenue, District 6, Beach. GPIN: ; ; CONDITIONS 1. The applicant shall submit a site development plan to the Planning Department / Development Services Center for review and approval. Said plan shall be in accordance with Article 15, Section 1501 (a) of the City Zoning Ordinance: Temporary commercial parking lots, provided that adjacent to any public right-ofway perimeter landscaping meeting the requirements of the Section 5A of the Site Plan Ordinance and the Public Works Specifications and Standards Manual shall be installed, and temporary surface treatment in accordance with the standards for temporary parking lots in the Public Works Specifications and Standards Manual shall be allowed 2. The applicant shall submit a sign package to the Planning Department / Current Planning and Zoning Administration. 3. The proposed entrance and exit will be required to meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section These requirements include a thirty-foot width (for two-way access points) or an eighteen- to twenty-two-foot width (for one-way access), measured at the property line, and fifteen-foot radii at the entrance. The entrance/exit shall be right in / right out only. 4. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy for the use from the Planning Department / Permits and Inspections Division before the business license is issued. 5. All parking for employees shall be met on the site. Parking spaces for employees shall be designated with a sign or painted on the space.

31 Item #16 Richard Doummar Page 2 6. The use is approved for two years one year from the date of City Council approval. 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. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 16 for consent. Wayne Gibson appeared before the Commission on behalf of the applicant.

32 Item #17 City of Virginia Beach Amendment to Zoning Ordinance Use Permits in PD-H1 CONSENT An Ordinance to amend Section 1110 of the City Zoning Ordinance to allow certain uses as conditional uses in the PD-H1 Planned Unit Development District. Staff recommends approval of this amendment, as it provides a less costly and less complicated means of allowing some of the most requested uses for the PD-H1 Districts that cannot currently be allowed without a modification to the PD-H1 Land Use Plan by a Change of Zoning. 10 NAY 0 ABS 0 1 By a vote of 10-0, the Commission approved item 17 for consent. Stephen White appeared before the Commission.

33 Item #18 Bounce House, L.L.C. Conditional Use Permit nd Street District 6 Beach DEFERRED An application of Bounce House, L.L.C. for a Conditional Use Permit for outdoor recreation facility on property located at nd Street, District 6, Beach. GPIN: NAY 0 ABS 0 1 By a vote of 10-0, the Commission deferred item 18 indefinitely.

34 Item #19 Real Investment Associates, Inc. Conditional Change of Zoning 2283 Princess Anne Road District 7 Princess Anne REGULAR An application of Real Investments Associates, Inc. for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural Districts to R-10 Residential District on property located at 2283 Princess Anne 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: The property is developed it shall be subdivided into no more than twelve (12) new residential building lots, plus the existing Sawyer homesite, designated RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD, Total Area Acres substantially as depicted on the REZONING EXHIBIT FOR REAL INVESTMENT, INC. SAWYERS MEADOW, VIRGINIA BEACH, VIRGINIA, dated November 27, 2011, and prepared by WPL ( Concept Plan ),, 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, each of the twelve (12) new single-family residential dwellings to be constructed shall contain no less than 2200 square feet of enclosed living area, excluding garage for one-story and no less than 2,400 square feet of enclosed living area, in excess of one-story. The RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD shall only have one single-family residential

35 Item #19 Real Investment Associates, Inc. Page 2 dwelling which shall be located outside the area designated OPEN SPACEAREA TO BE RETAINED BY RESIDUAL PARCEL ACRES. Neither the size nor architectural features of the home permitted on the Residual Parcel are regulated hereunder. PROFFER 3: When the property is developed, the twelve (12) new residential dwellings shall have the quality exterior design, architectural features and building materials substantially as depicted on the Exhibits entitled HOME ELEVATIONS AT SAWYERS MEADOWS which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 4: When the property is developed, the party of the first part shall subdivide, dedicate and convey unto the Grantee, for open space preservation, that portion of the Property designated OPEN SPACE AREA ACRES substantially as depicted on the Concept Plan. PROFFER 5: When the property is developed as a condition of subdivision approval, the Grantors shall convey and record a Restrictive Easement, to the Grantor upon the southern portion of the RESIDUAL PARCEL #2283 PRINCESS ANNE ROAD depicted and designated on the Concept Plan as OPEN SPACE AREA TO BE RETAINED BY RESIDUAL PARCEL ACRES. The easement shall preclude in perpetuity the construction of any structures and shall only permit the owner of the Residual Parcel to grow crops as well as construct and maintain stormwater drainage improvements and facilities as approved by the Grantee. PROFFER 6: Further conditions may be required by the Grantee 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 November 30, 2011, and found it to be legally sufficient and in acceptable legal form.

36 Item #19 Real Investment Associates, Inc. Page 3 10 NAY 0 ABS 0 By a vote of 10-0, the Commission approved item 19. Eddie Bourdon appeared before the Commission on behalf of the applicant. Les Watson representing Highgate Green Homeowner Association, appeared before the Commission in support.