Item #1 Enterprise Leasing Co. of Norfolk Conditional Use Permit 4980 Virginia Beach Boulevard District 4 Bayside September 14, 2011 DEFERRED

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1 Item #1 Enterprise Leasing Co. of Norfolk Conditional Use Permit 4980 Virginia Beach Boulevard District 4 Bayside DEFERRED An application of Enterprise Leasing Co. of Norfolk for a Conditional Use Permit for motor vehicle rentals on property located at 4980 Virginia Beach Boulevard, District 4, Bayside. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission deferred item 1.

2 Item #2 C & C Development Company, Inc. Subdivision Variance th Street District 5 Lynnhaven REGULAR An application of C & C Development Company, Inc. for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance on property located at th Street, District 5, Lynnhaven. GPIN: CONDITIONS 1. When the property is redeveloped, it shall be in substantial conformance with the conceptual plan entitled, Single Family Site Plan Exhibit In RPA, Proposed Lots 235A & 236A prepared by WPL, dated August 31, 2011, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the dwellings are constructed, they shall be limited to 2 single family homes, no higher than 35 feet and shall be constructed in substantial conformance with the elevations entitled, C and C Development Elevations, Lot 235A & 236A, prepared by Caroll Johnson, dated August 31, 2011, which have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 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. 11 NAY 0 ABS 0 ABSENT 0

3 Item #2 C & C Development Company, Inc. Page 2 By a vote of 11-0, the Commission approved item 2. Eddie Bourdon appeared before the Commission on behalf of the applicant.

4 Item #3 Caring Transitions Conditional Use Permit 229 S. Rosemont Road District 3 Rose Hall September 14, 201 DEFERRED An application of Caring Transitions for a Conditional Use Permit for motor vehicle rentals on property located at 229 S. Rosemont Road, District 3, Rose Hall. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission has deferred item 3.

5 Item #4 Mid-Atlantic Auto Conditional Use Permit 640 Newtown Road District 2 Kempsville WITHDRAWN An application of Mid-Atlantic Auto for a Conditional Use Permit for motor vehicle rental, automotive service, and automotive/bulk storage on property located at 640 Newtown Road, District 2, Kempsville. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission withdrew item 4.

6 Item #5 & 6 Ocean Breeze Holdings, L.L.C. Conditional Change of Zoning Conditional Use Permit 849 General Booth Boulevard District 6 Beach CONSENT An application of Ocean Breeze Holdings, L.L.C. for a Conditional Change of Zoning from A- 12 Apartment District to Conditional B-2 Community Business District and a Conditional use Permit for Recreational Facility of an Outdoor nature on property located at 849 General Booth Boulevard. 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 uses on the Property shall be limited to a theme amusement or recreational water park. PROFFER 2: The Property, when developed, shall be developed in substantial conformance with the conceptual site plan entitled Ocean Breeze Waterpark Expansion, dated May 12, 2100, and prepared by Aquatic Development Group, Inc. (the Site Plan ), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or 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 use of the properly and the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated June 1, 2011, and found it to be legally sufficient and in acceptable legal form.

7 Item #5 & 6 Ocean Breeze Holdings, L.L.C. Page 2 CONDITIONS 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site in proximity to Owls Creek shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level illumination and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. 6. The cabanas shall not be available for overnight use. 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 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 uses on the Property shall be limited to a theme amusement or recreational water park.

8 Item #5 & 6 Ocean Breeze Holdings, L.L.C. Page 3 PROFFER 2: The Property, when developed, shall be developed in substantial conformance with the conceptual site plan entitled Ocean Breeze Waterpark Expansion, dated May 12, 2100, and prepared by Aquatic Development Group, Inc. (the Site Plan ), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. PROFFER 3: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan review and/or 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 use of the properly and the level of quality of the project. The City Attorney s Office has reviewed the proffer agreement dated June 1, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. Before any land disturbance occurs on the site the applicant shall submit a landscape plan to the Current Planning Division of the Planning Department for review and approval. The plan shall depict the existing natural characteristics of the site. Healthy plant material within the site in proximity to Owls Creek shall be preserved and integrated into an effective landscape design. Clearing in this area shall be confined to the absolute minimum to accommodate the proposed facility. 2. All lighting should be low level illumination and directed toward the interior of the park. 3. The hours of operation are restricted from 10:00 a.m. to 10:00 p.m., except Memorial Day through Labor Day and on holidays and weekends, closing shall be at Midnight. 4. There will be no public address system other than for background music and emergency announcements, no recreational use of Owls Creek associated with this park and no outdoor concerts. 5. No rock concerts or loud music performances will be permitted. 6. The cabanas shall not be available for overnight use.

9 Item #5 & 6 Ocean Breeze Holdings, L.L.C. Page 4 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 or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 5 & 6 by consent. Robert Beamon appeared before the Commission on behalf of the applicant.

10 Item #7 Taylor Farms, L.L.C. Conditional Use Permit 2599 Dam Neck Road District 6 Beach DEFERRED An application of Taylor Farms, L.L.C. for a Conditional Use Permit for an outdoor recreation athletic fields on property located at 2599 Dam Neck Road, District 6, Beach. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Board has deferred item 7. Eddie Bourdon appeared before the Commission on behalf of the applicant.

11 Item #8 Five Columbus Center, L.L.C. Conditional Use Permit 4505 Columbus Street District 5 Lynnhaven CONSENT An application of Five Columbus Center, L.L.C. for a Conditional Use Permit for a private college of university on property located at 4505 Columbus Street, District 5, Lynnhaven. GPIN: CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 2. The hours of operation for the university would be Monday through Thursday from 6:00 p.m. until 10:00 p.m. and 8:00 a.m. until 12:00 p.m. on Saturdays. 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 1 ABSENT 0 ABS

12 Item #8 Five Columbus Center, L.L.C. Page 2 By a vote of 10-0, with the abstention so noted, the Commission approved item 8 by consent. Sanford Cohen appeared before the Commission on behalf of the applicant.

13 Item #9 Ocean Trace Condominium Association, Inc. Modification of Conditional Change of Zoning Old Virginia Beach Road, west of Birdneck District 6 Beach CONSENT An application of Ocean Trace Condominium Association, Inc. for a Modification of Conditional Change of Zoning on property located on Old Virginia Beach Road, west of Birdneck, District 6, Beach. 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 as a residential condominium community currently containing fortyeight (48) residential units, and a twelve (12 ) unit residential apartment building on additional land, as depicted on Parcel B upon that exhibit entitled, PRELIMINARY RESUBDIVISION OF 7.67 AC. PARCEL Resubdivision of Property owned by BIRDNECK DEVELOPMENT PARTNERSHIP AND PROPERTY OF OCEAN TRACE, L.C., dated July 20, 2011, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the Concept Plan ). PROFFER 2: Within two (2) years from the recordation of this First Amendment to Proffered Covenants, Restrictions and Conditions in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, the existing building on Parcel B designated BLDG on the Concept Plan, shall be renovated, refurbished and added to the residential condominium. As a result, the maximum number of residential condominium units on the property shall be sixty (60). PROFFER 3: Upon recordation, this First Amendment to the Proffered Covenants, Restrictions and Conditions shall be deemed to replace and supersede the 2010 Proffers. PROFFER 4: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all

14 Item #9 Ocean Trace Condominium Association, Inc. Page 2 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 July 18, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 9 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

15 Item #10 John S. Waller Family Limited Partnership Subdivision Variance th Street District 5 Lynnhaven CONSENT An application of John S. Waller Family Limited Partnership for a Subdivision Variance to Section 44(b) of the Subdivision Ordinance which requires that all new created lots meet all the requirements of the City Zoning Ordinance. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted subdivision plan entitled Preliminary Subdivision of Lot 6A, Block 10, Section E, Cape Henry, Virginia Beach, Virginia, dated June 1, 2011 and prepared by Gallup Surveyors and Engineers, Ltd. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The dwellings shall be constructed substantially in accordance with the submitted renderings entitled Waller Cottages, dated July 12, Said renderings have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Porous materials for driveways, walkways and other similar surfaces shall be utilized where feasible. 4. A note must be placed on the final subdivision plat stating that this subdivision is approved only for single-family dwellings. 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. 11 NAY 0 ABS 0 ABSENT 0

16 Item #10 John S. Waller Family Limited Partnership Page 2 By a vote of 11-0, the Commission approved item 10 by consent. Morris Fine appeared before the Commission on behalf of the applicant.

17 Item #11 Heritage Motor Company, Inc. Conditional Use Permit 5151 Shore Drive District 4 Bayside CONSENT An application of Heritage Motor Company, Inc. for a Conditional Use Permit for motor vehicle sales, automobile repair garage and bulk storage on property located at 5151 Shore Drive at the corner of Shore Drive and Independence Boulevard, District 4, Bayside. GPIN: CONSENT CONDITIONS 1. The site shall be developed substantially in accordance with the submitted site plan entitled Heritage Motors Site Improvement Layout Plan for Heritage Motor Company, Inc, Virginia Beach, Virginia, dated July 19, 2011 and prepared by Langley & McDonald, Inc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. All employee and customer vehicle parking and display of vehicles for sale shall be within the designated parking spaces. shall be within the delineated parking spaces, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. Vehicles shall not be displayed or parked within any landscape area on the site. Vehicles shall not be displayed with the hood of the vehicle open. 3. No outside repairs are permitted. All repairs shall be performed within the building. 4. Detailing of vehicles, cars and light trucks only, is limited to the confines of the existing aluminum car port. 5. There shall be no electronic display signs, pennants, streamers, balloons, portable signs, strings of lights, or banners displayed on the site or the vehicles. 6. Signage on the site shall match the applicants adjoining Heritage Motor Company sign. The freestanding sign located in the southeastern portion of the site, adjacent to Independence Boulevard, shall be removed. 7. No outdoor speakers or public address system shall be permitted. 8. Cosmetic repairs such as the replacement of damaged guttering, etc. must be provided. The applicant shall contact staff to schedule an inspection of the building to determine what repairs

18 Item #11 Heritage Motor Company, Inc. Page 2 are warranted prior to the submittal of the site plan for review. 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. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 11 by consent. Tom Langley appeared before the Commission on behalf of the applicant.

19 Item #12 McDonald Development Co. Conditional Change of Zoning Southeast side of Harpers Road District 6 Beach CONSENT An application of McDonald Development Co. for a Conditional Change of Zoning on property located on the southeast side of Harpers Road approximately one mile west of the intersection of Oceana Boulevard and Harpers Road, District 6, Beach. GPIN: portion of; 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: When the property is developed, it shall be developed substantially as shown on the exhibit entitled CONCEPTUAL LAYOUT PLAN 2 TAYLOR FARM PROPERTY Virginia Beach, Virginia, dated June 30, 2011, prepared by Kimley-Horn and Associates, Inc., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Site Layout Plan ). PROFFER 2: When the Property is developed, the architectural design of the building depicted on the Site Layout Plan shall be substantially as depicted on the PROPOSED NEXCOM DISTRIBUTION WAREHOUSE VIRGINIA BEACH, VA, dated 6/30/11, prepared by Smallwood, Reynolds, Stewart, Stewart & Associates, Inc., Architects ( Elevations ) and as further depicted on the Rendering of Proposed Commerce Center for McDonald Development, dated June 29, 2011, both of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, its frontage on Harpers Road and the area between the parking lot and the eastern boundary of the Property shall be landscaped and maintained substantially as depicted and described on the Site Layout Plan. PROFFER 4:

20 Item #12 McDonald Development Co. Page 2 When the Property is developed, all trucks accessing and departing from the Property shall only be permitted to utilize that portion of Harpers Road in front of the Property and between the Property and Oceana Boulevard (i.e. to the east of the Property). PROFFER 5: Further conditions 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. STAFF COMMENTS: The proffers listed above ensure that the I-1 Light Industrial zoning requested for the property is tied to a specific site design that, short of a detailed site plan review, appears to meet the fundamental requirements of the City s development ordinances. The proposed layout also provides for adequate and safe access to the site for delivery trucks coming to and going from the warehouse. The proffers also tie the rezoning to a specific architectural design for the warehouse building, which ensures the building is constructed with materials, detailing, and colors that will provide for a quality industrial building. The City Attorney s Office has reviewed the proffer agreement dated June 30, 2011, and found it to be legally sufficient and in acceptable legal form. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved item 12 by consent. Eddie Bourdon appeared before the Board on behalf of the applicant.

21 Item #13 City of Virginia Beach Ordinance to amend Section 107 of the City Zoning Ordinance CONSENT An Ordinance to amend Section 107 of the City Zoning Ordinance (CZO) pertaining to notice given to condominiums and cooperatives. SUMMARY OF AMENDMENT The amendment allows the City to give notice to adjacent condominium or cooperative associations instead of having to notify every homeowner in the condominium or cooperative, which could potentially be hundreds. The Virginia Code Section allows this modification with action by the governing body, and so this amendment would allow the planning department to provide notice in this more expeditious manner. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 13 by consent. Bill Macali spoke on behalf of the City.

22 Item #14 City of Virginia Beach An Ordinance to repeal Section 1906 of the City Zoning Ordinance DEFERRED An Ordinance to repeal Section 1906 of the City Zoning Ordinance (CZO) pertaining to Old Beach Design Review Committee. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission deferred item 14.

23 Item #15 & 16 Aragona Church of Christ Conditional Change of Zoning Conditional Use Permit 527 N. Witchduck Road District 4 Bayside An application of Aragona Church of Christ for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 with underlying A-12 Apartment and a Conditional Use Permit for a religious use on property located at 527 N. Witchduck Road, District 4, Bayside. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission has deferred item 15 & 16.

24 Item # Associates, L.L.C. Discontinuance, closure and abandonment Intersection of Mill Dam Court and First Colonial Road District 5 Lynnhaven DEFERRED An application of 1168 Associates, L.L.C. for a discontinuance, closure and abandonment of a piece of property located near the intersection of Mill Dam Court and First Colonial Road, District 5, Lynnhaven. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Board has deferred item 17. Eddie Bourdon appeared before the Commission on behalf of the applicant.

25 Item #18 Super Holland Associates, L.L.P. Modification of Conditional Change of Zoning 3901 & 3877 Holland Road District 3 Rose Hall CONSENT An application of Super Holland, L.L.P. for a Modification of Conditional Change of Zoning on property located at 3901 & 3877 Holland Road, District 3, Rose Hall. 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: To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: The Property, when developed, shall be developed in substantial conformance with the concept plan entitled Concept Plan, Proposed Retail Expansion, dated July 11, 2011, prepared by Kimley-Horn and Associates, Inc. (the Site Plan ), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below. PROFFER 2: To the extent that that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors), repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of-way along Holland Road, and a 25 foot wide buffer measured from the existing right-of-way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property s Windsor Oaks Boulevard frontage, as depicted on the Site Plan).

26 Item #18 Super Holland Associates, L.L.P. Page 2 In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." PROFFER 3: To the extent that that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1B, 1C, and G (the Out Parcels ), Proffer Number 7 is hereby amended to state in its entirety as follows: The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority. PROFFER 4: On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1 ) no ingress/egress easement along the Out Parcels Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during final site plan review pursuant to the Grantee s statutory authority. PROFFER 5: With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following optional provisions of Article II, Subsection D of the Zoning Ordinance: (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) as modified); (e) Exterior building materials for all portions of a building shall of high quality and

27 Item #18 Super Holland Associates, L.L.P. Page 3 should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1)Canopies or porticos; (2)Overhangs; (3)Recesses or projections; (4)Arcades; (5)Raised corniced parapets over entranceways; (6)Peaked roof forms; (7)Arches; (8)Outdoor patios; (9)Display windows; (10)Architectural details such as tile work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants, having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment they screen (Section 245(e)(3)); (i) Outdoor lighting shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) as modified); and (j) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities (Section 248(c)). PROFFER 6: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain

28 Item #18 Super Holland Associates, L.L.P. Page 4 unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project including: parking; plant material enhancements; signage limit; building façade and entryway design, materials and quality; mechanical/hvac equipment location; and, outdoor lighting details. The City Attorney s Office has reviewed the proffer agreement dated July 21, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 18 by consent. Robert Beamon appeared before the Commission on behalf of the applicant.

29 Item #19 Annecy, L.L.C. Conditional Change of Zoning 2812 North Landing Road District 7 Princess Anne DEFERRED An application of Annecy, L.L.C. for a Conditional Change of Zoning from AG-2 Agricultural to PDH-2 Planned unit Development District with an underlying R-7.5 Zoning District on property located at 2812 North landing Road, District 7, Princess Anne. GPIN: NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Board deferred item 19. Eddie Bourdon appeared before the Commission on behalf of the applicant.

30 Item #20 Fresh World VA-B, Inc. Conditional Use Permit 2029 Lynnhaven Parkway District 1 Centerville REGULAR An application of Fresh World VA-B, Inc. for a indoor recreational facility ping pong tables, pool tables, chess, checkers, card games, pinball, electronic games on property located at 2029 Lynnhaven Parkway, District 1, Centerville. GPIN: CONDITIONS 1. This use permit is valid for the subject unit of 14,000 square feet. 2. Exterior building signage shall comply with the requirements of the Zoning Ordinance. 3. The applicant shall obtain all necessary permits and inspections from the Planning Department /Permit and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change in use from the Building Official. 4. During evening and weekend operating hours, a minimum of 2 employees shall be on duty at all times. 5. Rules of conduct shall be posted at the entrance, visible by all who enter, as provided within the Staff Report. 6. Security cameras shall be installed to monitor the entire indoor recreational facility. 7. Approval is subject to a 1 year time frame upon which a review by the Zoning Administrator in order to determine if the establishment is contributing negatively to the surrounding area. The Zoning Administrator may refer the request back to the Planning Commission and City Council for additional scrutiny if determined necessary due to problems with the operation of the facility.

31 Item #20 Fresh World VA-B, Inc. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 20. Charles Kim appeared before the Commission. Rose Chandler appeared before the Commission in opposition.

32 Item #21 & 22 Auto Properties II, L.L.C. Conditional Change of Zoning Conditional Use Permit 326 & 330 Malibu Drive District 5 Lynnhaven REGULAR 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: When the Property is redeveloped, it shall be resubdivided and, by vacation of all internal property lines, incorporated into the adjacent commercially zoned parcel abutting the eastern and southern boundaries. PROFFER 2: When the Property is redeveloped, it shall only be used for surface parking substantially in accordance with the exhibit entitled CONCEPT PLAN, 49 SPACE EMPLOYEE OVERFLOW PARKING LOT, dated July 22, 2010, prepared by Gallup Surveyors & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter Concept Plan ). PROFFER 3: When the Property is developed, the fencing and permanent landscape buffer areas shall be installed and maintained along the western boundary of the Property and adjacent to Malibu Drive as depicted and described on the Concept Plan. PROFFER 4: When the Property is developed, all exterior lighting shall be low intensity and residential and in accordance with Section 237 of the City s Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the parking lot; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. PROFFER 5: Further conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee. STAFF COMMENTS: While the proffers are sufficient in a legal sense, Staff does not recommend approval of the proposal.

33 Item #21 & 22 Auto Properties II, L.L.C. Page 2 The City Attorney s Office has reviewed the proffer agreement dated July 22, 2011, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. A motion was made by Commissioner Thornton to deny the application with a second by Commissioner Ripley. 9 NAY 2 ABS 0 ABSENT 0 HODSGON STRAN GE NAY NAY By a vote of 9-2, the Commission denied items 21 & 22. Billy Garrington appeared before the Commission on behalf of the applicant. Robert Malledin appeared before the Commission in opposition.