A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to defer item 1 indefinitely. AYE 11 NAY 0 ABS 0 ABSENT 0

Transcription

1 Item #1 BT Holdings III, L.L.C. Conditional Change of Zoning Southwest Corner of Harpers Road & Dam Neck Road District 7 Princess Anne DEFERRED An application of BT Holdings III, L.L.C. for a Change of Zoning (AG-1 and AG-2 Districts to Conditional I-2 District) on property located on the southeast Corner of Harpers Road & Dam Neck Road, District 7, Princess Anne. GPIN: (part of). A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to defer item 1 indefinitely. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended deferral of item 1. Eddie Bourdon appeared before the Commission on behalf of the application to request deferral of item 1.

2 Item #2 Breeden Investment Properties, Inc. Conditional Change of Zoning Southside of the intersection of Dolton and Alicia Drive District 4 Bayside CONSENT A application of Breeden Investment Properties, Inc. for a Change of Zoning (B-2 & R5D Districts to Conditional A-36 District) on property located on the south corner of the intersection of Dolton Drive and Alicia Drive, District 4, Bayside. GPIN: ; ; ; ; ; ; ; ; PROFFERS PROFFER 1: The property, when developed, shall be developed in general conformity with the conceptual site plan prepared by Timmons Group, entitled Alicia Drive Apartments, Virginia Beach, VA Colored Site Plan, and dated March 27, 2014 (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: The maximum number of multifamily residential units permitted on the Property, when developed, shall be governed by the density regulations of the City Zoning Ordinance in effect at the time of each phase of development. PROFFER 3: The quality of architectural design and materials of the multifamily residential buildings constructed on the Property, when developed, shall be in general conformity with the exhibit prepared by Housing Studio, entitled Enlarged Building Elevation, and dated March 27, 2014 (the Apartment Elevations ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. PROFFER 4: The freestanding monument-style sign(s) located near the primary vehicular entrance(s) to the Property, when constructed, will be in substantial conformance to that depicted on an exhibit prepared by Housing Studio, entitled Monument Signage, and dated March 27, 2014 (the Sign Elevation ), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.

3 Item #2 Breeden Investment Properties, Inc. Page 2 PROFFER 5: A pedestrian bridge shall be provided within the open space/recreational area depicted on the Concept Plan in the northern portion of the Property along Dolton Drive, the design and location of which shall be determined during the site plan review process. PROFFER 6: The quality of architectural design and materials of the clubhouse facility to be located on the Property, when developed, will be complementary to that depicted on the Apartment Elevations. PROFFER 7: The color(s) and material(s) of the screen walls identified on the Concept Plan along Alicia Drive, when constructed, will be complementary to the colors and materials used for the multifamily residential structures on the Property. PROFFER 8: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approval of item 2 by consent.

4 Item #3 Diana Buhrmann Conditional Use Permit 3245 Florence Street District 6 Beach CONSENT An application of Diana Buhrmann for a Conditional Use Permit (Home Occupation Home Family Daycare) on property located at 3245 Florence Street, 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. No more than one (1) person, other than the applicant, shall assist with the operation of the Family Daycare Home at any one time. 3. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 4. A sign, no greater than one square foot in size, identifying the daycare home, may be installed on the house. 5. The applicant shall be licensed with the Commonwealth of Virginia for this use and for up to twelve (12) children. 6. 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 s Office for use of the house as a Family Daycare Home. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item NAY 0 ABS 0 ABSENT 0

5 Item #3 Diana Buhrmann Page 2 By a vote of 11-0, the Commission recommended approval of item 3 by consent. The applicant Diana Buhrmann appeared before the Commission.

6 Item #4 Tidewater Medical Training Conditional Use Permit 1300 Diamond Springs Road District 4 Bayside CONSENT An application of Tidewater Medical Training for a Conditional Use Permit (Vocational School) on property located at 1300 Diamond Springs Road, District 4, Bayside. GPIN: CONDITIONS 1. A Certificate of Occupancy, as required by the Building Official s Office, shall be obtained prior to occupancy. 2. Maximum occupancy of classroom size shall be set by the Building Official s Office. 3. All signage related to this use must be in accordance with sign regulations outlined in the Zoning Ordinance and must be in substantial compliance with the design, color and location of the submitted sign exhibit entitled, Exterior Building Sign Design. The sign shall be constructed of raceway-mounted channel letters with L.E.D. illumination. 4. The proposed awning must be in substantial compliance in design, coloring and location of the submitted awning exhibit entitled, Awning Design. 5. In the event that the existing large evergreen shrub/tree located on the southeast façade of the building is removed, evergreen shrubs shall be installed along the façade in order to create a continuous hedge. A motion was made and seconded to approve item NAY 0 ABS 1 ABSENT 0 ABS

7 Item #4 Tidewater Medical Training Page 2 By a vote of , with the abstention so noted, the Commission recommended approving item 4 by consent. Russell Smith appeared before the Commission on behalf of the applicant.

8 Item #5 Southern Performance Conditional Use Permit 5156 Virginia Beach Boulevard District 4 Bayside CONSENT An application of Southern Performance for a Conditional Use Permit for Automobile Repair Garage on property located at 5156 Virginia Beach Boulevard, District 4, Bayside. GPIN: CONDITIONS 1. All motor vehicle repairs shall 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. Category I landscaping shall be planted and maintained between the building and the property line adjacent to Virginia Beach Boulevard. 5. A permit shall be obtained from the Planning Department, Zoning Division, for any new signage that is added to the site. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0

9 Item #5 Southern Performance Page 2 By a vote of 11-0, the Commission recommended approval of item 5 by consent.

10 Item #6 Cameron Justin Munden Conditional Use Permit 853 South Birdneck Road District 6 Beach CONSENT An application of Cameron Justin Munden for a Conditional Use Permit (Bulk Storage Yard) on property located at 853 South Birdneck Road, District 6, Beach. GPIN: CONDITIONS 1. Except as otherwise modifies by any other condition of this Use Permit, the site shall be developed in substantial conformance with the submitted plan, entitled SITE EXHIBIT, prepared by Timmons Group, dated 04/01/ Any lighting for the storage yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height of 14 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. A six foot fence shall be installed as shown on the submitted site plan. Fence shall be solid and constructed of wood, vinyl or a similar maintenance free material. Existing fencing along entire east side, rear portion of the west side and rear property lines shall remain. The existing fencing shall be retained and maintained in good condition. When the existing fence needs to be replaced, it shall be replaced with a minimum, 6 foot in height solid fence. 4. Existing mature landscaping along South Birdneck Road shall be retained and maintained in good condition. 5. The existing sign located along South Birdneck Road shall be altered to meet the requirements of the Zoning Ordinance, or a new sign installed in its place. A permit from the Planning Department, Zoning Division shall be obtained for work done on the existing sign, or any new signage installed on the site. 6. The nonconforming sign located on the property line adjacent to South Birdneck Road shall be removed. The applicant may install a new sign meeting the requirements of the Zoning Ordinance. If a new sign is installed, the applicant shall obtain a permit from the Planning Department, Zoning Division.

11 Item #6 Cameron Justin Munden Page 2 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approval of item 6 for consent. Brent Thompson appeared before the Commission on behalf of the applicant.

12 Item #7 Five Dog Night, L.L.C. Floodplain Variance Modification of Conditional Use Permit 1515 Drakesmile Road District 3 Rose Hall DEFERRED An application of Five Dog Night, L.L.C. for (a) Floodplain Variance to Section 4.10 of the Floodplain Ordinance, fill within the Floodplain Subject to Special Restrictions and; (b) Modification of a Conditional Use Permit for an animal kennel facility, approved by the Virginia Beach City Council on February 22, 2005 on property located at 1515 Drakesmile Road, District 3, Rose Hall. GPIN: A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to defer item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commissioner recommended deferral of item 7.

13 Item #8 Coastal Building Group, L.L.C. Alternative Compliance st Street District 6 Beach DEFERRED An application of Coastal Building Group, L.L.C. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located at st Street, District 6, Beach. GPIN: ; A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to defer item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended deferral of item 8. Eddie Bourdon appeared before the commission on behalf of the applicant to request a deferral of item 8.

14 Item #9 One Shot Tattoo Conditional Use Permit 1764 Independence Boulevard District 4 Bayside CONSENT An application of One Shot Tattoo for a Conditional Use Permit for a Tattoo Parlor on property located at 1764 Independence Boulevard, District 4, Bayside. GPIN: CONDITIONS 1. A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. The actual tattooing operation on a customer shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. The hours of operation shall be 10:00 a.m. to 10:00 p.m., seven days a week. 4. The service of tattooing shall only be available to individuals over 18 years of age regardless of the authorization or attendance of a legal guardian. 5. Any on-site signage for the tattoo establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no signs, including neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. A permit shall be obtained from the Planning Department for the installation of any signage. 6. The parking area shall be restriped to conform to the submitted site plan prior to the issuance of a Certificate of Occupancy. A permit for the restriping work shall be obtained from the Planning Department, Permits and Inspections Division. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0

15 Item #9 One Shot Tattoo Page 2 By a vote of 11-0, the Commission recommended approval of item 9 by consent. The applicant Don Rockwell appeared before the Commission.

16 Item #10 Antoinette Henderson Conditional Use Permit 1812 Brownstone Court District 1 Centerville CONSENT An application of Antoinette Henderson for a Conditional Use Permit for a Family (Child) Home Daycare on property located at 1812 Brownstone Court, District 1, Centerville. GPIN: CONDITIONS 1. The home daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. Hours of operation shall be limited to Monday through Friday, 6:00 A.M. to 6:00 P.M. 3. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the home daycare. 4. All requirements of the 2009 Virginia Residential Code as it applies to above-ground pools shall be met. 5. All requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS) shall be met. 6. The applicant shall stagger the arrival and departure times for the children such that all vehicles picking-up or dropping-off children such that no more than two vehicles are scheduled to drop-off children at one time. 7. A non-illuminated sign, no greater than one square foot in size, advertising the home daycare may be installed on the house. 8. 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.

17 Item #10 Antoinette Henderson Page 2 9. 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 use of the house as a Family Daycare. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commissioner recommended approval of item 10. Kianca Henderson appeared before the Commission on behalf of the applicant.

18 Item #11 Princessboro Development Conditional Change of Zoning 1901 Sandbridge Road District 7 Princess Anne REGULAR Dave Redmond: Now we will address the remaining matters on our agenda, and I will ask the Secretary Bob Thornton to please call the first item. Mr. Thornton. Bob Thornton: Mr. Chairman, the first item is item 11, Princessboro Development. This is a Conditional Change of Zoning from AG-2 to Conditional B-2, 1901 Sandbridge Road. I would like to note that while this was one we considered putting on the Consent Agenda, we ve asked the applicant to give us for the public record the process by which this applicant has gone through to be with us today. Mr. Bourdon. Eddie Bourdon: Thank you Mr. Thornton, Mr. Chairman and members of the Commission, Eddie Bourdon, for the record representing the Anderson family. The Andersons, they were the creators, owners and operators, as they are today, of Anderson s Home and Garden Center on Jefferson Boulevard in Newport News. This business has been in existence for 60 years, and they have within the last 12 months decided that it was time to expand and build a second home and garden center here in Virginia Beach. That led them to why we are here today. I want to first of all take a moment to thank both Dr. Stephen White and Mr. Robert Davis on Director Whitney s staff for the efforts they have provided and the time they have put in with working with the Andersons on this application. Dr. White gave an excellent presentation this morning on the details of this plan. The one thing that I will mention is that this piece of property has 684 feet of frontage on Sandbride Road. The building that we are talking about it self only has 120 feet of depth, or 120 feet that runs parallel to the 684 feet of frontage, on Sandbridge Road. From this point to this point, 684 feet, the building frontage or the building size is 120 feet in depth. The existing pavement out on Sandbridge Road, the distance from that pavement to this building is 250 feet, 250 feet from the existing pavement to the building itself that fronts Sandbridge Road. The road is going to be widened, which is a great thing. Ms. Henley was successful and Council heard from the entire community, business, residents, etc., and that road is going to be widened, and this reservation area out here is under contract to be acquired for that widening to occur as Ric Loman was describing this morning. That is not going to bring the road all the way to here. The road will be out here. What we have provided with this plan, a 50 foot landscape buffer along Sandbridge Road prior to the landscaping, and the open air pervious outdoor sales area that will be full of mature plant material. But you are still going to have 150 to 200 feet, even after the road widening, of landscaping in front of the building itself; so, to make that clear. There was some discussion this morning about it because

19 Item #11 Princessboro Development Page 2 all we provided was the elevations so you see what the building which is going to look like, that building, comprises only 16½ percent of the entire frontage on Sandbridge Road. It will all be landscaped, again with exception of the parking lot. The site has 56 percent open space. And open space is what is not a building and what is not a parking lot covered with asphalt, and what is not a greenhouse. So that 56 percent open space does not include, building, greenhouse or asphalt parking drive aisles, etc. The building comprises lot coverage of 7.3 percent of the property. It is 7½ acre piece of property, and the façade of the building is only 16½ feet in elevation. By contrast, the church across the street, and all of the retail to the west of this property, the façade of those buildings, range from feet on the low end to well over 40 feet on the high end. The lot coverage on all of those other sites goes from 14 percent to almost 30 percent for the retail buildings. So, it is a very open and green site that we are, and you all spoke about this this morning in the informal, because it is a nursery. It is a lot more than that, but that is essentially what it is as far as the view from the street is concerned. The Anderson s, before they applied for this It is Princessboro s application and they own the property but it is really Anderson s application obviously. Before applying, they met with the TA/ IT Citizens Advisory Committee, and I was told, I was not there, I m told it was a very positive meeting; so, they proceeded putting together plans, and had me on behalf of them and Princessboro, file this application. They met a second time with the Committee back in May, and actually it was with a subcommittee. It happened to be a very positive day. It was the day the City Council was about to approve the new CIP, again, Ms. Henley was successful in getting much needed improvements to Sandbridge Road in that CIP. And as a result, we did need to change the plan because it didn t have that additional 50-foot butter. We needed to move it back as Dr. White described this morning has been done. The other main thing at that second meeting, which again, the Anderson s presented, it is a family business. They ve never developed any real estate in their lives. Their elevations that they had done were not, and I have to agree, the elevations were not attractive enough. They were not particularly appropriate in terms of their appearance, and there was a lot of other discussion at that meeting; so, they went back and they were encouraged to do so by the subcommittee to their credit, and they went back and revised the elevations to what you have today. At the third meeting, which was the second meeting with the subcommittee which I presented, I felt like the subcommittee was for the most part very appreciative of the improvements that had been made to the building and there was some concern about it not being rural enough, and that is okay. These are business folks. It s their business. They have been very successful with their business. We think it is rural enough. I believe it is more rural than anything else that is out there. It is certainly more in keeping with the Equi-Kids facility to the east than it is with anything to the west, and most importantly we believe, and my clients believe very much so, that this will be a show place. It will be a very successful place, and one that everyone in the community will come to and will enjoy. That is what they hope will be the case. It has certainly been the case with their facility on Jefferson Boulevard in Newport News. And we appreciate everyone s time and effort and look forward to moving on to City Council.

20 Item #11 Princessboro Development Page 3 Dave Redmond: Are there any questions for Mr. Bourdon? No questions for Mr. Bourdon. Thank you Mr. Bourdon. You can hang close just in case there is any rebuttal necessary. Mr. Thornton? Bob Thornton: We have no one to speak in opposition. Dave Redmond: We have no speakers in opposition. Mr. Bourdon, therefore, does not need another bite at the apple. So, we will close up the public hearing and open it up for discussion amongst the members. Mr. Horsley. Don Horsley: Mr. Chairman, as we discussed this morning, this is a home and garden center. I think that the applicant has done an outstanding job of meeting the concerns of the Citizen s Advisory Group. I think the landscaping and whatever will be there for the home and garden center, the buffer along Sandbridge Road, the entrance does not enter on Sandbridge Road, it is Fishers Arch. I think when the development, as stated this morning, I think when the development of this whole area is completed, this home and garden center will kind of be a beautiful entrance to that area with the landscaping and the building that is going to be there. And, in my way of thinking, it does meet the rural character of the area. So, with that being said, I m prepared to make a motion that we approve the application as we have today in our packet. Jan Rucinski: Second. Dave Redmond: Is there any other discussion? I just want to say one piece, and that is that I live very near a garden center in an entirely different part of the city, and I found that it is a tremendous asset to our community and it draws people out of our neighborhoods and other places, and it is a truly, enjoyable place particularly for me on Saturday or a Sunday morning, and I don t understand, frankly, why there was, what I would consider to be, quite of bit of anxiety about the potential use of this property. I think this is an ideal use virtually in any place and adjacent to any neighborhood on virtually any roadway. But certainly within a Transition Area, a garden center that highlights planted material and is both a credit and an attraction to homeowners and people who want to beautify their home or their business or any place else. That strikes me as an ideal use. And I think it will be a real asset to this community. So I think it is a fine building. The materials are excellent materials of high quality that are meant to last and maintain their appearance for a very long time. And I think, as I said, this is going to be a real credit to the community. So, I appreciate the work that the applicant has done to get it here, and I look forward to seeing it, visiting it many years to come. Is there anybody else? Mike Inman: I feel like the Andersons are being welcomed here to Virginia Beach and that this is an outstanding looking facility. It seems very appropriate for the area in terms of need and where it is situated, and I would hope that we could approve this application.

21 Item #11 Princessboro Development Page 4 Dave Redmond: Thank you Mr. Inman. Are there any other comments? There is a motion on the floor made by Commissioner Horsley and seconded by Ms. Rucinski, thank you. We are ready to vote. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approving item 11 Princessboro Development. Eddie Bourdon: Thank you very much. Dave Redmond: Thank you Mr. Bourdon: Are there any other matters to come before this Commission? Anybody? Last chance? Okay, we are adjourned. See you next month.

22 Item #12-15 City of Virginia Beach Amendments Pertaining to the Public Works Design Standards Manual CONSENT 12. An Ordinance to Add Section for Temporary Commercial Parking Lot Standards, Conform Sections 246, and 1501, and Sections and of Appendix 1 of the City Zoning Ordinance to the Provisions of the Public Works Design Standards Manual. 13. An Ordinance to Conform Sections 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7, 5.10, 6.1, 6.3 and 7.1 of the Subdivision Regulations (Appendix B) to the Provisions of the Public Works Design Standards Manual. 14. An Ordinance to Conform Sections 1.2, 5.1, 5.2, and 5.9 of the Site Plan Ordinance to the Provisions of the Public Works Design Standards Manual. 15. An Ordinance to Conform Sections 103 and 107 of the Chesapeake Bay Preservation Area Ordinance (Appendix F) to the Provisions of the Public Works Design Standards Manual. Item 12 Commercial Parking Lots These amendments to the City Zoning Ordinance add the requirements for temporary commercial parking lots that are currently in the Public Works Specifications and Standards, which will be deleted with the updated Public Works Design Standards Manual. The amendments also delete the current references to the Public Works Specifications and Standards in Section 1501 (RT-1 District regulations) and in the Oceanfront Resort District Form- Based Code and replaces each with a reference to the Planning Landscape Guide as well as an added section on temporary commercial parking lots (Section 209.3). Item 13 Subdivision Regulations These amendments to the Subdivision Regulations delete the current references to the Public Works Standards and Specifications and replace each with a reference to the updated and reformatted Public Works Design Standards Manual. Item 14 Site Plan Ordinance These amendments to the Site Plan Ordinance delete the current reference to the Public Works Standards and Specifications and replace each with a reference to the updated and reformatted Public Works Design Standards Manual. Item 15 Chesapeake Bay Preservation Area Ordinance

23 Item #12-15 City of Virginia Beach Page 2 These amendments to the Chesapeake Bay Preservation Area Ordinance delete the current reference to the Public Works Standards and Specifications and replace each with a reference to the updated and reformatted Public Works Design Standards Manual. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve items NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commissioner recommended approval of items Kay Wilson appeared before the Commission.

24 Item #16 City of Virginia Beach Amendment to Section 211 Signage for Schools CONSENT An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Allowed Signage for Schools. The amendments increase the signage allowance for public schools and for private schools having similar curriculums. The school sign regulations, adopted in 1987, allow each school to have only one 24 square foot sign. Schools have changed considerably since New school buildings are now larger and have multiple stories. In addition, public schools today often have multiple academies within one school building, which need to be identified. The proposed sign amendments allow each school site to have one freestanding sign per entrance. Each freestanding sign can have a maximum height of eight feet, with two faces per sign and a maximum of 40 square feet per face. In addition, a school may have two wall signs for each building façade facing a public street. Such wall signs can have one square foot per linear foot of each building wall facing a public street. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approval of item 16.

25 Item #17 City of Virginia Beach Amendments to Section and 401 of the Zoning Ordinance For Farm Breweries An Ordinance to Amend Sections and 401, Allowing Farm Breweries as a Permitted Use in Agricultural Zoning Districts and setting forth Regulations Pertaining to such use. The amendments allow farm breweries as a permitted principal use in Agricultural Districts and set forth provisions regarding the allowed activities at farm breweries. The amendments are necessary as a result of legislation enacted by the 2014 General Assembly. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approval of item 17.

26 Item #18 Virginia Wesleyan College Discontinuance, closure and abandonment of an unimproved Right-of-way known as Burma Road District 4 Bayside CONSENT An application of Virginia Wesleyan College for a discontinuance, closure and abandonment of Burma Road, District 4, Bayside. GPIN: CONDITIONS 1. The City Attorney s Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City s Interest in Streets Pursuant to Street Closures, approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0

27 Item #18 Virginia Wesleyan College Page 2 By a vote of 11-0, the Commission approved item 18 for consent.

28 Item D1 Fun Spot Amusement, L.L.C. Conditional Use Permit 304, 306, nd Street District 6 Beach DEFERRED An application of Fun Spot Amusement, L.L.C. for a Conditional Use Permit (Commercial Parking Lot) on property located at 304,306, nd Street, District 6, Beach. GPIN: ; ; A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to defer item D1. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commissioner recommended deferral of item D1.

29 Item #D2 The Sundin Dental Center Modification of Conditions 1385 Laskin Road District 6 Beach CONSENT An application of The Sundin Dental Center for a Modification of Conditional Change of Zoning approved by the City Council on January 23, 2001 on property located at 1365 Laskin Road, District 6, Beach. GPIN: PROFFERS PROFFER 1: Approximately 900 square feet of the 4,854 total square feet of the building situate upon the Property will be used to operate a wholesale business now known as Thee and Me Antiques, formerly known as Dealers Choice Antiques, which will sell antique furniture and decorative arts to other dealers and decorators. The said antique business will be open by appointment only. In the event that the said antique business closes or relocates to another property, then and in that event, the space formerly used by the antique business shall be used for any purpose listed as a permitted use under the B-2 zoning classification. PROFFER 2: The remainder of the space located on the second floor of the building situate upon the Property may be used to operate one of the following permitted uses, it being the intention of the Grantor to lease the remaining space to a third party tenant: (i) Building mounted antennas meeting the requirements of Section 207 of the CZO; (ii) Business studios, offices and clinics; (iii) Child care and child care education centers; (iv) Communication towers meeting the requirements of Section 232(j) of the CZO; (v) Drugstores, beauty shops and barbershops and other similar personal service establishments; (vi) Eating and drinking establishments with drive-through windows; (vii) Eating and drinking establishments without drive-through windows; (viii) Banks; (ix) Florists, gift shops and stationery stores; (xi) Funeral homes; (xii) Furniture repair and upholstering, repair services for radio and television and household appliances and other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses; (xiii) Greenhouses and plant nurseries; (xix) Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet; (xv) Grocery stores, carry-out food stores and convenience stores whether or not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet; (xvi) Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a

30 Item #D2 The Sundin Dental Center Page 2 structure with a gross floor area of less than five thousand (5,000) square feet; (xvii) Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; (xviii) Laundry and cleaning agencies; (xix) Liquor stores, package only; (xx) Medical and dental offices and clinics; (xxi) Medical laboratories; (xxii) Museums and art galleries; (xxiii) Newspaper printing and publishing, job and commercial printing; (xxix) Off-site parking facilities, subject to the provisions of subsection (c)x of the CZO; (xxv) Outdoor cafes; (xxvi) Outdoor plazas; (xxvii) Personal service establishments, other than those listed separately; (xxviii) Public buildings and grounds; (xxix) Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; (xxx) Public utility offices; (xxxi) Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet; (xxxii) Religious uses with a maximum floor area of 4,000 square feet; (xxxiii) Repair and sales for radio and television and other household appliances and small business machines; (xxxiv) Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single or multiple family dwelling, church, park or school; (xxxv) Specialty shops; (xxxvi) Wholesaling and distribution operations, provided that such operations do not involve the use of more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or any vehicle rated at more than one and one-half (1.5) tons, or a total of more than five (5) delivery vehicles; (xxxvii) Wind energy conversion systems, freestanding, except as further provided in the CZO; and (xxxviii) Wind energy conversion systems, roof-mounted, except as further provided in the CZO. PROFFER 3: No chemicals will be stored outside on the Property as the Property is located within the Resource Protection Area. PROFFER 4: This Amended and Restated Proffer Agreement replaces the Proffer Agreement previously recorded in the Clerk s Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4354, at page 277. PROFFER 5: Further lawful conditions or restrictions against the Property may be required by Grantee during the review of the Modification of Conditions Application and during review and

31 Item #D2 The Sundin Dental Center Page 3 administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D2. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission recommended approval of item D2 by consent. The applicant Betty Sundin appeared before the Commission.