Jay Bernas: Now, we will address the remaining items on the agenda. I will now ask the secretary to please call the first item.

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1 Item # 1 Home Associates of Virginia, Inc. Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential District 7 Princess Anne November 13, 2013 REGULAR Jay Bernas: Now, we will address the remaining items on the agenda. I will now ask the secretary to please call the first item. Chris Felton: Thank you Mr. Chairman. The first item is item number 1, an application of Home Associates of Virginia, Inc. for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential and P1 Preservation for property located at 1864 Indian River Road, District 7, Princess Anne. Mr. Bourdon? Eddie Bourdon: Thank you very much. Mr. Felton, for the record again, Eddie Bourdon, Virginia Beach attorney representing Home Associates of Virginia, Inc. Jim Arnhold couldn t be with us this afternoon. He s out of the city. Rob Prodhan, he s here on behalf of HAV, along with Mr. Mike Gaddy and Mr. Jason Fulbright with MSA, if there are any technical questions, they are here to attempt to provide any answers. The situation is a acre piece of property on the north side of Indian River Road, a little over a 1/3 of a mile, 2000 linear feet, east of Pungo Village, Downtown Pungo. The 6.05 acres has been in Mr. Arnold s family for 60 years. The property is abutted on the north and the west side by the Coast Guard communication facility, the old Pungo Airfield site. It is all federally owned on both sides, both west and north. The property to the east is privately owned, as are the continued properties to the east. Mr. Arnold has tried for a number of years, he and Joe Pulley and Rob Prodhan got this property going back about 3 years ago. They have made every, every conceivable effort to acquire additional property. Additional property to the east is just not available. The folks who own it are not desirous or interested in selling the property. The subject properties are in the Transition area, and we have gone through the process with staff. Want to thank Carolyn Smith, and Robert Davis, with the new committee that deals with, reviews the items in the Transition Area. We ve got a site that has proposed six units, one unit per acre. There is 3.14 acre of open space on the plan, including 150 foot deep, Transition Area buffer along Indian River Road. The plan, I think y all have the correct plan, and now the correct plan is up here, as well. It also, includes a reservation, that is not a part of the open space, of a 50 foot right-of-way connection to the property to the east, in the event that, in the future, that property comes in to develop, the City will be in a position, with a rezoning application to require that they utilize the access as provided on Indian River Road, rather than to strip out the road. The staff s evaluation we certainly totally concur with. I think they ve done an excellent job, in terms of reviewing what s proposed. And the information you all heard this morning, I don t believe there was a great deal to be discussed. The one thing that they wanted to address was the comment that was provided in a letter that was dated yesterday from, and we did meet with the ITA/CAC

2 Item # 1 Homes Associates of Virginia, Inc. Page 2 Committee over a month ago, to let the condition #1, or excuse me, the statement # 1, that we just absolutely disagree with says that this project will set an undesirable precedent for small disconnected subdivisions, along Indian River Road and other areas within the Transition Area, each with individual street entrances. Well, if we could put the composite map up there, I think that it s instructive of something that s important to look at but, because of the situation in terms of this property s surroundings, we cannot assemble any additional property, at this time, and we have provided for the opportunity for the City to control any future development to the east using the entrance here. It s a public street that we are proposing, on this, this site. The interesting thing, well, I find it interesting, is north of Indian River Road, and again, we re Pungo Village, and we want to have the development, in the area near the village and not in the rural agricultural area where there s farms, active farming operations going on. There are today, two houses, in the Transition Area, on the north side. There are actually eight or nine on the south side of Indian River adjacent to Indian River Road below the blue line, including four single-family residences, on 2.6, roughly 2.6 acres of land, directly across the street, stripping out the street, with four driveways and four houses. At the density that exist right here that would apply, in the transition area, above the blue line; we would be talking about nine houses and no open space. We re proposing six homes with 52 percent open space and a 50 foot rightof-way connection to the property to the east, if you include that as open space, and we re 3 and ½ plus acres of open space. The homes are appropriately designed, and they re attractive homes. There was a comment in here, also about the septic systems and the folks from MSA are here to speak those questions, if anybody has any. But, that s obviously a situation that we know they ll be able to get approval, their Health Department approval, soil work that has to be done, but all of that work is done after the zoning is approved. If they can t get the approvals, then they can t develop the property. But, there, we don t have any heartburn or doubt about that being the case, but you don t make people go out and spend 10 s of thousands of dollars getting a lot of detailed work done until you have the zoning in place and we all understand that that s the way the system works and has always worked. So, that was one of the other issues that was raised in that letter about wanting an applicant to have to go out and do all this highly technical and expensive work before you even have the zoning in place, and that is, that is just not the way that the process has ever worked in the, in the past. So, with that I ll be happy to answer any question. Proffered, everything, everything is recommended for approval by your staff, and we hope that the commission will follow their recommendation. Thank you. Jay Bernas: Does anyone have any questions? Ok, you don t even have to stand by for a rebuttal, because I don t think we have any speakers. Chris Felton: Unless, Mr. Fulbright still needed to speak, but. Jason Fulbright: Oh, no sir. Eddie Bourdon: Oh, he was just here in case you had any technical questions. Someone from the audience screamed out (Doris King) Well, I have a question.

3 Item # 1 Homes Associates of Virginia, Inc. Page 3 Jay Bernas: Uh, hang on, did you want to come speak. Audience member (Doris King): No, I just have some questions. Jay Bernas: Well, okay, maybe he can, uh, talk with you, um, after. Donald Horsley: Let her come up and ask it. Jay Bernas: But, if she s not opposed, so Audience member (Doris King): I am opposed. Jay Bernas: Oh, well, do you want to come speak, please, well you can fill out a card later. So, please come forward. Audience Member (Doris King): Please excuse my sunglasses, they re prescription. Jay Bernas: It s alright, Please state your name? Doris King: My Name is Doris King. I live on Indian River Road. I just have a question about the septic system. I wondered what the regulations were, regarding acreage and septic systems in the area, since it s a low area, which floods regularly with bad storms. I m opposed to have septic systems on just one acre, and the existing homes he spoke about have been there for a long, long time, some of them, dating back, 50 or 60 years, the ones that are right there in the vicinity of this development. I also feel that, ya know, it interferes with the rural feel and concept of Pungo. We live on three and a half acres, and we can t build anything or put any other septic system on that. And I m surprised more neighbors haven t been down here, because a lot of them have talked about it and opposed it, but they didn t bother to come. Jay Bernas: Okay, does anyone have any questions for Ms. King? Jay Bernas: Okay, we ll give the applicant a chance for rebuttal. Jay Bernas: Can you address the septic tank issue and the rural character, maybe? Eddie Bourdon: The property, the property is not in a floodplain, at all. There is a, a high water table on the property, on part of the property, and that s why the alternative effluent disposal system, as described in your write up, will be used. That s for the State Health Department, provides that opportunity for expensive systems. This doesn t deal with Land Management scenario, where you have 3 acres, and if you spread it out on top of the ground, and let it evaporate and absorb. This is highly technical. It s like $18,000 per system that they will be using, approved by the State Health Department. There is a lot of soil work that has to be done to make sure that all, all will work, and we re quite confident, if you want to hear from Mr.

4 Item # 1 Homes Associates of Virginia, Inc. Page 4 Fulbright that, that would be the case. The other, the other three, there is a more standard, not totally standard, for the septic system, with a drip system, in order to cluster the, the homes, which is what the Transition Area, wants to have happen, rather than strip out the roadways, which we don t want to have happen, which is what exists there, pointing to south side of Indian River Road, in part, because of a lot of development took place there, decades and decades ago. We re creating the feel that we have everything set back, back with open space along the road and the trail system along the road, for future connectivity on either side, all of the things that has been done in the other developments within the Transition Area and have been approved previously. It is a somewhat smaller site than most of the others, but that is because of the constraints that are presented by the location and with the federal property on two of the three sides. I hope that answers the question, and if you want to have more technical discussion about the septic system, then Jason can respond. Jay Bernas: So, and just to clarify this, the Health Department is primarily responsible for septic systems? Eddie Bourdon: That, that is absolutely correct. Jay Bernas: I just hope that she understands that we are looking at land use issues, and septic tanks are Health Department. Eddie Bourdon: That, that is absolutely correct, Mr. Bernas. Jay Bernas: Any other questions? Okay, the hearing is closed, and we will open it up for discussion amongst the commissioners or I ll entertain a motion. Donald Horsley: Mr. Chairman, I ll, I ll start. This application, that staff has reiterated time and again, that it is consistent with the recommendation of the Comp Plan and the Transition Area Guidelines, and we understand the ladies concern with the septic system, but they, they re in the hands of the State Health Department. Things have changed a lot since these homes were built, many years ago, and you said some of them 60 years ago or whatever. You said you live on a 3 acre parcel. Ya know, we use to, we had Land Management where we could do that, as Mr. Bourdon mentioned a few minutes ago, but there s new and better technology now, where we can have different types of septic systems and the Health Department has approved them, and that, they seem to be working very well, from all indications. So, well, based on that, I don t think we re setting a precedent. Anything, precedent has already been set before. So, I would make a motion that the application be approved. Jay Bernas: So, we have a motion for approval made by Commissioner Horsley, do I have a second? Albert Henley: Second. Jay Bernas: Seconded by Commissioner Henley. Is there any further discussion?

5 Item # 1 Homes Associates of Virginia, Inc. Page 5 Donald Horsley: I think Bob wanted to. Bob Thornton: Oh. No, I was seconding, but he got it. Jay Bernas: Alright, we re now ready to vote. Edward Weeden: Vote is open. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON Edward Weeden: By a vote of 11-0, the Commission has approved Item 1, Home Associates of Virginia. Eddie Bourdon: Thank y all very much.

6 Item #2 Bedrock Foundations Systems Conditional Use Permit 417 Davis Street District 2 Kemspville November 13, 2013 WITHDRAWN An application of Bedrock Foundations Systems for a Conditional Use Permit (Bulk Storage Yard) on property location at 417 Davis Street, District 2 Kempsville, GPIN: NAY 0 ABS 1 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON ABS By a vote of 10-0, with the abstention so noted, the Commission withdrew item 2.

7 Item #3 R & J Petro d/b/a Studio 4 Less Modification of a Conditional Rezoning 717 South Military Highway District 2 Kempsville November 13, 2013 DEFERRED An Application of R & J Petro d/b/a Studio 4 Less for a Modification of Conditional Change of Zoning approved by the City Council on December 4, 2012, from H-1 Hotel District and B-1 Business District to Conditional B-4 Mixed Use District on property located at 717 South Military Highway, District 2,Kempsville. GPIN: NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUSCINSKI RUSSO THORNTON By a vote of 11-0, the Commission deferred item 3. Les Watson appeared before the Commission on behalf of the applicant.

8 Item #4 Coastal Community Church Conditional Use Permit 2800 S. Independence Boulevard District 1 Centerville November 13, 2013 CONSENT An application of Coastal Community Church for a Conditional Use Permit (Religious Use) on property located at 2800 S. Independence Boulevard, District 1, Centerville. GPIN: CONDITIONS 1. Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF COASTAL COMMUNITY CHURCH, dated September 2, 2013 and prepared by MSA, P.C., which is on file in the Planning Department. 2. The temporary curb cut along South Independence Boulevard shall be removed and curbing to match existing be installed unless the access if determined necessary for Fire Department use. 3. A three-foot high earthen berm shall be installed between Round Hill Drive and the parking area. Sculpting of the berm shall be such that sight lines remain open and places of concealment are not fostered. In accordance with Section 2.7 of the Landscaping, Screening and Buffering Specifications and Standards section of the City s Landscaping Guide, the slope of the berm shall not exceed three (3) feet of rise to one (1) foot of run and the top width of the berm shall be sufficient to allow installation and maintenance of landscaping, grass and/or ground cover sufficient to preclude erosion of the berm. Category I landscaping shall be planted on the berm to provide additional screening. 4. The building shall be developed in substantial accordance with the submitted renderings and building elevation entitled, COASTAL COMMUNITY CHURCH BUILDING ELEVATIONS, dated September 3, 2013 and prepared by Church Development Services, LLC. The renderings and building elevations have been exhibited to City Council and are on file in the Planning Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval.

9 Item #4 Coastal Community Church Page 2 6. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 7. The existing monument sign shall remain in accordance with Conditions 2 and 3 of the Modification to a Conditional Use Permit approved by the City Council on May 10, These conditions state that the applicant shall be allowed to install a 12-foot tall pylon-style, internally-lit sign. The sign shall conform substantially with the submitted sign elevation prepared by Cardinal Sign Corporation, dated 1/3/05 which is on file at the Planning Department. The landscaping around the sign shall be substantially in accordance with the submitted landscaping plan entitled Coastal Community Church, Virginia Beach, prepared by Winesett Nursery which is also on file at the Planning Department. 8. The building shall be allowed one sign to be mounted on the front façade. This sign will consist of unlit block letters and shall be in substantial accordance with the submitted elevation drawing entitled, COASTAL COMMUNITY CHURCH, BUILDING ELEVATIONS, dated 9/3/13 and prepared by Church Development Services, LLC. The area of the building signage shall not exceed 150 square feet. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 4 by consent. Glen Trematore appeared before the Commission on behalf of the applicant.

10 Item #5 Oak Grove Baptist Conditional Use Permit 691 Princess Anne Road District 7 Princess Anne November 13, 2013 CONSENT An application of Oak Grove Baptist for a Conditional Use Permit (Addition to a Religious Use - Church) on property located at 691 Princess Anne Road, District 7, Princess Anne. GPIN: CONDITIONS 1. Unless modified by any condition below or as a result of development site plan review, the site shall be developed in substantial accordance with the site plan entitled, FELLOWSHIP HALL EXPANSION FOR: OAK GROVE BAPTIST CHURCH, dated October 22, 2012 and prepared by Barnes Design Group, P.C., which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the submitted floor plan and building elevation entitled, CONSTRUCTION DRAWINGS FOR: OAK GROVE BAPTIST CHURCH, dated September 17, 2012 and prepared by Barnes Design Group, P.C. The floor plan and building elevations have been exhibited to City Council and are on file in the Planning Department. 3. Unless modified by any condition below or as a result of building plan review, the building shall be developed in substantial accordance with the materials and appearance depicted on the submitted renderings entitled, PRELIMINARY DESIGN FOR: OAK GROVE BAPTIST CHURCH, dated October 11, 2011 and prepared by Barnes Design Group, P.C. The renderings have been exhibited to City Council and are on file in the Planning Department. 4. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. 5. The applicant shall submit a site plan to the Planning Department / Development Services Division for review and approval. 6. The applicant shall obtain all necessary permits and approvals from the Health Department for any new or modified private wells and septic systems. 11 NAY 0 ABS 0 ABSENT 0

11 Item #5 Oak Grove Baptist Page 2 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 5 by consent. Barry Knight appeared before the Commission on behalf of the applicant.

12 Item 6 CAH Holdings, L.L.C. Conditional Use Permit 3565 Holland Road District 3 Rose Hall November 13, 2013 CONSENT An application of CAH Holdings, L.L.C. for a Conditional Use Permit (Automated Car Wash) on property located at 3565 Holland Road, District 3, Rose Hall. GPIN: Unless modified by any condition below or as a result of development site plan review, when the property is developed, it shall be in substantial conformance with the exhibit entitled, OVERALL PLAN OF AUTOBELL CAR WASH, prepared by MSA, P.C., dated 05/31/2013, which is on file in the Planning Department. 2. Unless modified by any condition below or as a result of building plan review, the design of the constructed building shall be in substantial conformance with the exhibit entitled, Front Elevation (Holland Road), which has exhibited to Planning Commission and is on file with the Planning Department. 3. The design and location of the freestanding monument sign along Holland Road shall meet all applicable zoning regulations. A plan showing design, placement, colors, and details for the sign shall be submitted to the Department of Planning / Current Planning Division for review and approval by the Planning Director prior to obtaining any building permits. 4. No window signs or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 5. The subject parcel shall be legally subdivided and a plat shall be recorded with the City of Virginia Beach Clerk of the Court. 6. The existing landscape buffer adjacent to Holland Road is to remain. Any areas where the landscaping has deteriorated shall be replaced. A landscaping plan shall be submitted with the development site plan for review by the City staff landscape architect during to determine if additional landscaping is required. 11 NAY 0 ABS 0 ABSENT 0 BERNAS

13 Item 6 CAH Holdings, L.L.C. Page 2 FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 6 by consent. Robert Beamon appeared before the Commission on behalf of the applicant.

14 Item #7 Tidewater NFL Flag, L.L.C. Conditional Use Permit 4141 Shore Drive District 4 Bayside November 13, 2013 CONSENT An application of Tidewater NFL Flag, L.L.C. for a Conditional Use Permit (Outdoor Recreation seasonal flag football) on property located at 4141 Shore Drive, District 4, Bayside. GPIN: CONDITIONS 1. Vehicles shall not access the lawn area from First Court Road. No vehicles shall enter First Court Road from the lawn area. 2. A curb cut shall be installed along the existing curb of the drive-aisle located on GPIN Said curb cut shall be a minimum of 24 feet in width. 3. Use of the site for recreational activity shall cease at dusk. 4. The applicant shall be permitted to display Temporary Signs in accordance to Section 211(b)1 of the City Zoning Ordinance. Said signage shall be allowed no more than 30 days prior to the season and shall be removed within no more than seven days after the season. No more than 32 square feet of signage shall be allowed on this site. 5. Signs promoting sponsors may be installed during organized games. Said signage shall be oriented towards the interior of the lot and playing fields, and shall be displayed only during the games. 6. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning Department / Permit and Inspections Division, Health Department, and Fire Department. 7. There shall be a minimum of one individual at the site during all games and practices that is First Aid and CPR certified. 8. There shall be no light poles erected or noise amplification devices used in conjunction with this use.

15 Item #7 Tidewater NFL Flag, L.L.C. Page 2 9. Approval for the use of any and all shared services or amenities, including but not limited to parking, restrooms, and/or vehicular access, from facilities located on adjacent parcels shall be demonstrated by written agreements. Said written agreements shall be signed by the adjacent property owner(s) and the applicant, and shall be submitted to the Zoning Administrator prior to the commencement of the 2014 season. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 7 by consent. Steve Verbanic appeared before the Commission on behalf of the applicant.

16 Item #8 Roland Court, L.L.C. Conditional Use Permit th Street District 6 Beach November 13, 2013 CONSENT An application of Roland Court, L.L.C. for a Conditional Use Permit (Commercial Parking Lot) on property located at th Street, District 6, Beach. GPIN: CONDITIONS 1. Perimeter fencing shall meet the standards of Section 201(e) of the City Zoning Ordinance. 2. Per Section of the Code of the City of Virginia Beach, all points of ingress and egress shall be secured by a maintenance-free gate. 3. The applicant shall provide a minimum of two trash receptacles. Said trash receptacles shall be stationary and be screened or enclosed in a resort appropriate receptacle shell. 4. Per Section of the Code of the City of Virginia Beach, an attendant shall be on the premises from dusk until one-half hour after closing or until the last vehicle has exited the lot. 5. The hours of operation of the subject Commercial Parking Lot shall be consistent with the hours of operation of public parking facilities operated by the City of Virginia Beach and located within the Oceanfront Resort District. Per Section of the Code of the City of Virginia Beach, the parking lot shall operate no later than 2:00 a.m. and shall open no earlier than 5:00 a.m. 6. All signage shall meet the requirements of Section of the Code of the City of Virginia Beach. 7. The front landscaping area shall be no less than 8 feet deep and shall span the entire width of the lot except for the space reserved for vehicular ingress and egress. All landscaping shall be maintained in good health. 8. To meet the requirements of the City of Virginia Beach Zoning Ordinance, the drive aisle shall be no wider than 24 feet.

17 Item # 8 Roland Court, LLC Page 2 9. Proof of ownership is required for the portion of the 5 x75 alley located on the north side of the subject site. Should no such proof of ownership be provided, the site plan submitted to the Development Services Center shall not include that area within the parking lot. 10. Interior Parking Lot landscaping shall consist of no less than seven trees. Landscaping located between the paved parking area and the front lot line shall consist of no fewer than fourteen shrubs and two trees. All landscaping shall be approved by the Development Services Center 11. As a pedestrian amenity, the applicant shall provide no less than one bench for public use within ten feet of the front lot line. Said bench shall be similar in form to those found in the Oceanfront Resort District. 12. The proposed entrance shall meet City of Virginia Beach Public Works standards for commercial entrances as detailed in the Public Works Standards, Section These standards include an entrance width of 30 at the property line and fifteen-foot turning radii. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 8 by consent.

18 Item #9 Cavalier Associates A. Change of Zoning B. Special Exception for Alternative Compliance C. Variance to the Subdivision Regulation 4010 Holly Road, 4200 Pacific Avenue District 6 Beach November 13, 2013 REGULAR An application of Cavalier Associates for (A) Change of Zoning from RT-1 Resort Tourist and R- 7.5 Residential Districts to OR Oceanfront Resort District, (B) Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code, (C) Variance to the Subdivision Ordinance Section 4.1 and Section 4.4(d) on property located at 4010 Holly Road / 4200 Pacific Avenue, District 6, Beach. GPINs: and CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the submitted plan entitled Illustrative Master Plan, Exhibit 2, Village at The Cavalier on the Hill, dated Said plan has been exhibited to the City Council and is on file in the Department of Planning. 2. Development of the site, including the types of dwelling units, the design elements of the dwellings, dimensional requirements, and permitted land uses, shall be regulated by the document entitled, Land Use and Development Standards for the Village at The Cavalier on the Hill, which is attached hereto. Said document has been exhibited to the City Council and is on file in the Department of Planning. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO

19 Item #9 Cavalier Associates Page 2 THORNTON By a vote of 11-0, the Commission approved item 9. R.J. Nutter appeared before the Commission on behalf of the applicant. Greg Rutlege and Frederick Aucamp appeared in support of the application. Steve Burwell, Tanya Tyburski, Diane Grubiak, Vince Olivieri, Elizabeth Witt, Mike LaGiglia; and Tamya Grinisk appeared in opposition to the application.

20 Item #10 Children s Hospital of the King s Daughters Modification of a Conditional Use Permit Southside of Princess Anne Road approximately 400 feet southwest of Landstown Centre Way District 7 Princess Anne November 13, 2013 CONSENT An application of Children s Hospital of the King s Daughters for a Modification of Proffers of Conditional Change of Zoning approved by the City Council on April 24, 2013, on property located on the south side of Princess Anne Road approximately 400 feet southwest of Landstown Centre Way, District 7, Princess Anne. GPIN: PROFFERS PROFFER 1: To the extent Proffer Number 1(a) contained in the Original Proffers applies to the Property (which Property was referenced under the Original Proffers as "Proposed Parcel 2"), Proffer 1(a) is hereby amended to read in its entirety as follows: (a) The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by PF&A, entitled "Southgate Commons Site Plan," and dated September 12, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: To the extent that Proffer Number 2(a) contained in the Original Proffers applies to the Property, Proffer 2(a) is hereby amended to read in its entirety as follows: (a) The architectural design and quality of materials used fm: the building(s) constructed on the Property, when developed, shall be substantially compatible with the rendering prepared by PF&A, entitled "Southgate Commons Perspectives," and dated September 12, 2013 (the "Building Elevations"), which Building Elevations are on file with the City Planning Department and have been exhibited to the City Council. Any future modifications to the building(s) on the property shall also be substantially compatible with the design and quality of materials depicted on the Building Elevations. PROFFER 3: Proffer 2(b), which shall only apply to the Property, shall be added, and shall read in its entirety as follows:

21 Item #10 Children s Hospital of the King s Daughters Page 2 Signage located on the primary building constructed on the Property, when developed, shall be in substantial conformity with that depicted on the Building Elevations. Any future modifications to such building signage shall be subject to the approval of the City Planning Director. Additionally, any freestanding signage located on the Property, when constructed, shall be monument style, shall be no taller than eight feet (8') in height with a brick or masonry base, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. PROFFER 4: All other covenants, restrictions, and conditions proffered as part of the Original Proffers shall remain unchanged and are not modified by this Agreement. 10 NAY 0 ABS 1 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON ABS By a vote of 10-0, with the abstention so noted, the Commission approved item 10 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant.

22 Item #11 NVR, Inc. Modification of Conditional Change of Zoning 2076 Princess Anne Road District 7 Princess Anne November 13, 2013 CONSENT An application of NVR, Inc. for a Modification of Conditional Change of Zoning approved by the City Council March 26, 2006 on property located at 2076 Princess Anne Road, District 7, Princess Anne. GPIN: PROFFERS PROFFER 1: Proffer numbered 7 as set forth in the 2005 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 7. Each residential dwelling constructed on the Property shall have exterior surfaces, excluding roof, trim, windows and doors, that are brick, stone and/or HardiePlank. No less than twentyfive percent (25%) of the seventy-one (71) homes that are constructed in Munden Farm shall have exterior surfaces, excluding roof, trim, windows and doors, which are no less than seventy-five percent (75%) brick. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted in the photographic renderings entitled, Sample Elevations Munden Farms Community, dated September 27, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ( Elevations ). Any one story dwelling shall contain no less than 2,400 square feet of enclosed living area excluding garage areas and any two story dwelling shall contain no less than 2,600 square feet of enclose living area excluding garage. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum a two (2) car garage. The required minimum setbacks for front yards and side yards adjacent to streets shall vary from 35 feet to 40 feet as specified for each individual lot in the table on the Land Use Plan. PROFFER 2: Except for the modifications by replacement of Proffer numbered 7, the remaining eleven (11) proffered covenants, restrictions and conditions (numbered 1 through 6 and 7 through 12) as set forth in the 2005 Proffers are hereby ratified and affirmed. 10 NAY 0 ABS 1 ABSENT 0 BERNAS

23 Item #11 NVR, Inc. Page 2 FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON ABS By a vote of 10-0, with the abstention so noted, the Commission approved item 11 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

24 Item #12 City of Virginia Beach Article 13 An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a new Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates or Appropriateness, Demolition of Structures, the Historical Review Board, and Historic Preservation Commission. November 13, 2013 CONSENT An Ordinance to Repeal Article 13 of the City Zoning Ordinance (Historic and Cultural District) and to Add a New Article 13, Pertaining to Legislative Intent, Findings, Establishment of Historic and Cultural Districts, Certificates of Appropriateness, Demolition of Structures, the Historical Review Board and Historic Preservation Commission. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved item 12 by consent Robert Davis appeared before the Commission. Bernice Pope appeared before the Commission in support of the application.

25 Item(s)13-16 & D1-D4 City of Virginia Beach (Floodplains) November 13, 2013 CONSENT 13. An Ordinance to Adopt Appendix K, Floodplain Ordinance, to the City Code Pertaining to Floodplain Districts, Permits, Variance Conditions, and Enforcement. 14. An Ordinance to Amend Appendix D, Stormwater Management, Section 4 (Definitions and Floodplains) and Section 9 (Design Criteria and Floodplains). 15. An Ordinance to Amend Appendix G, Southern Watersheds Management Ordinance, Section 4 (Definitions and Floodplains), Section 7 (Performance Standards and Floodplains), Section 8 (Design Criteria and Floodplains), and Section 9 (the Southern Watersheds Management Plan and Floodplains). 16. An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and other Plans of Development for Property in the Floodplain. D1. Ordinance to Amend the City Zoning Ordinance Section 111 Pertaining to Floodplain Definitions, Section 200 Pertaining to Height and Floodplains, Section 238 Pertaining to Mobile Homes and Floodplains, Section 240 Pertaining to Recreational Campgrounds and Floodplains, Section 1124 Pertaining to Plan Development, PD-H2 and Floodplains, and Section 2105 Workforce Housing and Floodplains. D2. An Ordinance to Delete Section 5B of Appendix C, Site Plan Ordinance and Amend Section 1.17 Pertaining to Definitions and Floodplains and Section 4 Pertaining to Information on Site Development Plans and Floodplains. D3. An Ordinance to Amend Section 103 of Appendix F, Chesapeake Bay Preservation Area Ordinance Pertaining to Definitions and Floodplains. D4. An Ordinance to Amend Appendix B, Subdivision Ordinance Section 1.5 Pertaining to Floodplains, Section 4.4 Pertaining to Lots and Floodplains, Section 6.1 Pertaining to Preliminary Plats and Data and Floodplains, and Section 6.3 Pertaining to Final Plats and Data and Floodplains. SUMMARY OF AMENDMENTS AMENDMENT REVIEW HISTORY: Action on the proposed amendments was deferred by the Planning Commission on October 9 due to the desire of the commission to have the ability to review the complete package of amendments as well as consider the input from community

26 Item(s)13-16 & D1-D4 City of Virginia Beach (Floodplains) Page 2 stakeholders. Staff has met with representatives of the development community and other stakeholders to share concerns and information. The floodplain regulations of the City of Virginia Beach are being updated to address deficiencies identified by the Federal Emergency Management Agency (FEMA) during their review of the City s program during the summer of These updates will bring the regulations into compliance with the requirements of the National Flood Insurance Program (NFIP) and provide property owners a greater level of protection against flooding associated with coastal storm events. Major changes to the floodplain regulations include the following: - Moves the current location of the majority of the floodplain regulations (Section 5B of the Site Plan Ordinance) to Appendix K of the City Code, which is being established with this package of amendments. - Increases the freeboard (distance between the Base Flood Elevation [BFE] to the Finish Floor Elevation [FFE]) from 1 to 2 feet for new structures or for modifications greater than 50 percent of the value. - Creates an administrative variance to allow structures substantially damaged not by flood (fire, tornado, etc.) to be rebuilt to 1 foot of freeboard. - Defines and delegates duties required to administer the floodplain regulations to the Departments of Public Works and Planning. - Requires new or substantially improved manufactured homes to meet freeboard requirements. - Increases the application fee for a variance to $650 to capture most of the costs associated with the review. The costs of legal ad, sign, and postage for mailing of adjacent property owners will be billed separately, as is the case with all other application types. Major changes to the Zoning Ordinance include the following: - Allows single-family dwellings an additional 2 feet in building height above the maximum allowable height provided for by district regulations to alleviate height issues caused by increasing the freeboard from 1 foot to 2 feet. - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). - Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Site Plan Ordinance include the following:

27 Item(s)13-16 & D1-D4 City of Virginia Beach (Floodplains) Page 3 - Repeals Section 5B (current floodplain regulations) - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). - Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. Major changes to the Subdivision Regulations, Appendix D, Stormwater Management, the Chesapeake Bay Preservation Area Ordinance and the Southern Watersheds Management Ordinance include the following: - Updates definitions to make them consistent with the definitions found in the Floodplain Ordinance (Appendix K). - Updates terminology for consistency with the Floodplain Ordinance (Appendix K). - Updates references to the Floodplain Ordinance from Section 5B of the Site Plan Ordinance to Appendix K. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON By a vote of 11-0, the Commission approved items 13-16, D1-D4. Clay Bernick spoke on this item.

28 Item #D5 Best Buy Wheels Conditional Use Permit 1740 Virginia Beach Boulevard District 6 Beach November 13, 2013 REGULAR An application of Best Buy Wheels for a Conditional Use Permit (Bulk Storage Yard) on property located at 1740 Virginia Beach Boulevard, District 6, Beach. GPIN: CONDITIONS 1. All conditions of the APZ-1 Permit for automobile sales, issued on January 9, 2009, shall remain in effect. 2. A site plan shall be submitted to the Development Services Center to ensure all improvements as shown on the plan approved as a condition of the APZ-1 Permit referenced above in Condition 1 are completed. Said site plan shall include any additional site improvements required by the conditions below as well as those required by all applicable City ordinances and standards. 3. Barbed wire shall be prohibited and shall be removed from the site where it currently exists. 4. Consistent with the screening and buffering requirements for bulk storage yards as set forth by Section 228 of the City of Virginia Beach Zoning Ordinance, the existing chain link fencing shall be removed and replaced with a solid fence, not less than six (6) feet in height. Vegetation meeting the Category VI screening requirement shall be planted along the exterior of the fence surrounding the bulk storage yard. 5. The use of a gravel surface in the area designated for the bulk storage yard shall be allowed subject to the approval of the Building Official. 6. There shall be no outside storage of equipment, parts, or materials visible from the public right-of-way. 7. Any vehicle stored on site shall be operable, with the exception of wrecked vehicles towed to the site. A determination of operability of a wrecked vehicle shall be made within five business days of arrival on site. No wrecked vehicle shall remain on the site for more than five business days.

29 Item #D5 Best Buy Wheels Page 2 8. Storage of containers shall only be permitted on the rear portion of the bulk storage yard in an orderly manner as specified on the submitted plan entitled, PLAN OF PROPERTY LOCATED AT OCEANA FOR ALKIVIADIS ANDREAS MAGRIPLIS AND EFTIHIA A. MAGRIPLIS, dated August 20, 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. A motion was made by Bob Thornton and seconded by Jeff Hodgson to deny the application. 11 NAY 0 ABS 0 ABSENT 0 BERNAS FELTON HENLEY HODGSON HORSLEY LIVAS REDMOND RIPLEY RUCINSKI RUSSO THORNTON NAY By a vote of 10-1, the Commission denied item D5. There was no representative on this item.