item #1 taste unlimited, l.l.c. bayside

Item #1 Taste Unlimited, L.L.C. Conditional Change of Zoning Conditional Use Permit 4097 Shore Drive District 4 Bayside June 12, 2013 CONSENT An application of Taste Unlimited, L.L.C. for a Conditional change of Zoning from R-7.5 to Conditional B-2 and a Conditional Use Permit for an Open-Air Market on property located at 4097 Shore Drive, District 4, Bayside. GPIN: 1479-98-8039. PROFFERS PROFFER 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan designated as “Exhibit B”, entitled “CONCEPTUAL SITE PLAN OF TASTE AT BAYVILLE FARMS, Virginia Beach, Virginia,” dated May 22, 2013, prepared by Robyn Thomas Architecture, PC (the “Concept Plan”) has been exhibited to the Virginia Beach City Council and a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. PROFFER 2. The architectural design, exterior material, and color of the New Building will be substantially as depicted on the two (2) elevations designated as “Exhibit C,” dated May 22, 2013, prepared by Robyn Thomas Architecture, PC have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (“Elevations”). The exterior building materials shall be a combination of wood board and batten, with a standing seam metal roof. PROFFER 3. The areas depicted on the Concept Plan which will not be occupied by the New Building, patios (fenced or unfenced), drive aisles, sidewalks, and parking areas are open spaces (the “Open Spaces”) which shall be utilized as such. PROFFER 4. The Property shall be used as an eating and drinking establishment without a drive-through window, retail sales, and a seasonal produce stand. PROFFER 5. The signage on the Property is currently designated as “existing free standing sign” and will remain after the development of the site. In the event the “existing free standing sign is removed or replaced, the signage shall come into compliance with the applicable signage requirements of the B-2 zoning ordinance.

Item #1 Taste Unlimited, L.L.C. PROFFER 6. As provided by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, the structure depicted on the building elevations titled “Exhibit C” and dated May 22, 2013 may deviate from the maximum structure height established for this site by Section 904 of the City Zoning Ordinance. Section 904 restricts the maximum height of any use or structure located within one hundred (100) feet of an adjoining lot zoned Residential or Apartment district to 35 feet. Since the adjacent lot, zoned R-7.5 Residential, is not developed and is restricted from future development by a conservation easement, a deviation to the maximum height restriction will have no significant detrimental effect on that lot. The deviation to the maximum height shall be no greater than four (4) feet for a total maximum structure height of 39 feet. PROFFER 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 8. Further lawful 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, 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, including but not limited to final Site Plan approval. PROFFER 9. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project and the desired use(s) for this site. The City Attorney’s Office has reviewed the proffer agreement dated August 30, 2004, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The hours of operation for the produce stand shall be the same as the hours of

operation of the retail and eating establishment, which is no earlier than 7:00 a.m. and no later than 10:00 p.m.

2. All goods sold under the “Open Air Market” Conditional Use Permit shall be limited

to produce and/or canned or jarred goods prepared from locally grown produce or aquaculture.

3. The seasonal sale of pumpkins shall be limited to the months of October and November.

Item #1 Taste Unlimited, L.L.C. 4. The seasonal sale of Christmas trees shall be limited to the months of November

and December.

5. With the exception of goods displayed and sold within the produce stand and the seasonal sale items of pumpkins and Christmas trees, all goods sold under the “Open Air Market” Conditional Use Permit shall be located and displayed on grass no further than twenty-five feet from the produce stand.

6. The seasonal goods of pumpkins and Christmas trees shall be displayed on the front lawn no closer than fifteen feet to the property line.

7. No additional signage than that shown on “Exhibit C,” dated May 22, 2023, shall be allowed without the review of the Zoning Administrator.

8. The dumpster shall be completely screened by evergreen vegetation with the exception of the north facing side for means of access.

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. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE

Item #1 Taste Unlimited, L.L.C. By a vote of 10-0, the Commission approved item 1 by consent. Ann Crenshaw appeared before the Commission on behalf of the applicant.

Item #2 WBM, L.L.C. Discontinuance, closure and abandonment of an unnamed portion, Unimproved right-of-way adjacent to the northern side of 12th Street at its western terminus District 4 Bayside June 12, 2013 CONSENT An application of WBM, L.L.C. for a discontinuance, closure and abandonment of a portion of unnamed, unimproved right-of-way adjacent to the northern side of 12th Street, at its western terminus, District 4, Bayside. GPIN: 2417-74-7598; 2417-84-1588; 2417-84-0482. 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 parcel to the east. 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.

NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.

Item #3 Banks Enterprises, R.L.L.P. Conditional Change of Zoning 800 Baker Road District 2 Kempsville June 12, 2013 CONSENT An application of Banks Enterprises for a Conditional Change of Zoning from B-2 Community Business to A-18 Apartment District on property located at 800 Baker Road, District 2, Kempsville. GPIN: 1468-12-9943. PROFFERS PROFFER 1: When the Property is redeveloped, it shall be as a multi-family residential community with site layout substantially in accordance with the page labeled “SITE” (hereinafter the “Concept Plan”) of a four page exhibit designated “800 BAKER ROAD – Rezoning Submittal” dated May 17, 2013, prepared by Langley & McDonald/ TS3 Architects, P.C. (t “Development Exhibit”) which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: The buildings depicted on the Concept Plan shall have the architectural design, appearan and exterior finishes depicted and described on the tow (2) pages of the afore referenced Development Exhibit labeled “ELEVEATIONS” and “PERSPECTIVES” which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. The maximum building height of the three (3) story buildings depicted on the Elevations shall be forty-four feet eight niches (44’8’”). This deviation from the height requirements of the A-18 Apartment Zoning District is for good cause shown, upon a finding that there will be no significant detrimental effects on the surrounding properties, and is not in conflict with the Comprehensive Plan. PROFFER 3: When the Property is redeveloped, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular ingress and egress limited to two (2) entrances, one from the public right-of-way of Weblin Drive and one from an existing priva access easement (i.e. Private Road) known as Regent Lane. PROFFER 4: The total number of dwelling units permitted to be constructed on the Property shall not exceed fifty-seven (57). PROFFER 5: When the Property is redeveloped, the existing curb onto Baker Road in front of the site w be eliminated along with the pavement markings for the turn lanes which served the eliminated curb cut. All sidewalks depicted on the Concept Plan (existing and proposed) w be upgraded to comply with current Section 6.3.1 of the City’s Public Works Specification and Standards.

Item #3 Banks Enterprises, R.L.L.P. Page 2 AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 2 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant.

Item #4 Roy S. & Lori D. Beskin Modification of Conditions 4300 Wishart Road District 4 Bayside June 12, 2013 REGULAR An application of Roy S. & Lori D. Beskin for a Modification of a Conditional Use Permit for Open Space Promotion – approved by the City Council on July 9, 2002 on property located at 4300 Wishart Road, District 4, Bayside. GPIN: 14788-66-0170. CONDITIONS 1. All conditions with the exception of 2.d. attached to the Conditional Use Permit granted

by the City Council on July 9, 2002 shall remain in effect.

2. Condition 2.d. of the July 9, 2002 Conditional Use Permit is deleted and replaced with the following:

Lots 17 and 20 have minimum side yard and front yard setbacks of no less than fifty (50) feet from any right-of-way. Lots 17 and 20 shall be provided access only from the cul-de-sac.

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. AYE 9 NAY 0 ABS 1 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE

Item #4 Roy S. & Lori D. Beskin Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, with the abstention so note, the Commission approved item 4. Eddie Bourdon appeared before the Commission on behalf of the applicant. Laurence McArthur appeared before the Commission in opposition.

Item #5 Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies Conditional Use Permit 3713 Sandpiper Road District 7 Princess Anne June 12, 2013 CONSENT An application of Barton Heritage, L.L.C. for a Conditional Use Permit (motor vehicle rentals – low speed vehicles) on property located at 3713 Sandpiper Road, District 7, Princess Anne. GPIN: 2432-73-2311. CONDITIONS 1. Except as modified by any conditions below, the LSVs shall be parked only in areas

designated as depicted on the plan entitled, “Physical Survey, Part of Tract E, Sandbridge Beach, MB. 37 P.31, Virginia Beach, Virginia, Made for: Barton Heritage, LLC,” prepared by Bonifant Land Surveys, dated April 27, 2013. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department.

2. Landscaping to screen the vehicles from the property to the north shall be installed along the length of the low speed vehicles (LSV) vehicle holding area. Said landscaping shall be approved by the DSC landscape architect prior to installation and shall be depicted on the plan.

3. The motor vehicle rental operation on this site shall be limited to no more than 30 LSVs. Rental of any other motor vehicles shall be prohibited.

4. A planter containing plant material shall be installed along Sandpiper Road as depicted on the plan referenced in Condition 1 above.

5. Consistent with the requirements of the Zoning Ordinance, no LSV for rent shall be parked any closer than five feet from the Sandpiper Road property line.

6. No display or parking of any vehicles shall be permitted within the right-of-way.

7. Vehicles shall not be displayed on raised platforms anywhere on the site, nor shall any portion of the ground level of the site be raised for the purpose of increasing the height of a vehicle for display purposes.

8. There shall be no outside storage of parts or equipment. 9. The minimum number of parking spaces, as required by the Zoning Ordinance for

Item #5 Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies Page 2

the existing office building, shall remain available for use by employees and customers of the office building and free of LSVs. LSVs shall not be parked or stored in any space labeled on the site layout as “customer parking.”

10. A waiver for the gravel parking lot shall be submitted to the Building Official’s Office prior to issuance of business license. In the event the waiver is not granted, the applicant shall comply with all typical requirements associated with site improvements for this use. Upon receipt of waiver, the area depicted as gravel on the survey shall be upgraded with new gravel to accommodate the storage and display of the LSVs.

11. Due to the existence of the 100-year floodplain on the site, the parking or

placement of LSVs outside the existing limits of gravel, depicted on the plan referenced in Condition 1 above as “Edge of Gravel,” shall be prohibited.

12. No repair of the LSVs shall be performed on site other than washing which can only be done behind the existing building, on the gravel area.

13. All renters of the LSV shall sign a “disclosure statement” that includes an acknowledgement that all applicable laws of the Commonwealth of Virginia and the City of Virginia Beach for motor vehicles apply to these low speed vehicles including, but not limited to, parking, seat belt use, licensure, and permitted use areas (on roads less than 35 mph, no off road). Said disclosure shall also state that, just as with any other motor vehicle, failure to obey these laws and regulations will result in enforcement by the Police Department.

14. A copy of the renter’s valid, current driver’s license shall be kept on file in the business office of the applicant as a means of validating that the operator(s) of the LSV does indeed have a driver’s license.

15. No off-road use shall be permitted on beaches or dunes or other environmentally sensitive areas or other areas restricted from motor vehicle use.

16. All signage on the site shall conform to all applicable Zoning Ordinance requirements.

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

Item #5 Barton Heritage, L.L.C. t/a Sandbridge Beach Buggies Page 3 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. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 5 by consent. Pat Barton, the applicant, appeared before the Commission.

Item #6 City of Virginia Beach An ordinance to Amend Section 209.2 of the City Zoning Ordinance Pertaining to the Occupancy of Temporary Family Health Care Structures June 12, 2013 REQUEST An Ordinance to Amend Section 209.2 of the City Zoning Ordinance pertaining to the Occupancy of Temporary Family Health Care Structures. Based on changes to the State Code in 2010 allowing such use, the Zoning Ordinance was amended on July 13, 2010 to allow Temporary Family Health Care Structures. Such structures are defined in Section 209.2 as follows:

A transportable residential structure, providing an environment facilitating a caregiver's provision of care for a mentally or physically impaired person, that (i) is primarily assembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the mentally or physically impaired person, (iii) has no more than three hundred (300) gross square feet, and (iv) complies with applicable provisions of the Industrialized Building Safety Law (Code of Virginia §§ 36-70 through 36-85.1) and the Uniform Statewide Building Code (Code of Virginia §§ 36-97 through 36-119.1).

Section 209.2(b) currently notes, consistent with the State Code at the time, that

Temporary family health care structures shall be allowed in the R-40 through R-5S Residential Zoning Districts as permitted accessory uses to single-family dwellings. Temporary family health care structures shall be only (i) for use by a caregiver in providing care for a mentally or physically impaired person and (ii) on property owned or occupied by the caregiver as his or her residence.

During the last General Assembly session, the provision above was amended to include this additional provision pertaining to the allowable occupants of the structures:

In the case of a married couple, two occupants, one of whom is a mentally or physically impaired person, and the other requires assistance with one or more activities of daily living as defined in § 63.2-2200, as certified in writing by a physician licensed in the Commonwealth.

AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE

Item #6 City of Virginia Beach Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 6 by consent. Stephen white presented this amendment on behalf of the City.

Item #7 Dam Neck Storage Conditional Use Permit 1453 London Bridge Road District 3 Rose Hall June 12, 2013 CONSENT An application of Dam Neck Storage for a Conditional Use Permit (Bulk Storage Yard) on property located at 1453 London Bridge Road, District 3, Rose Hall. GPIN: 1495-56-6421. CONDITIONS 1. Except as otherwise modified by any other condition of this Use Permit, the bulk

storage yard shall be located on the site in substantial conformance with the submitted plan, entitled “Preliminary Site Development Plan of Vector Park for The Miller Group Companies,” prepared by NDI Engineering Company, dated 11/19/12.

2. The exterior design, colors, and materials of the building to be constructed on the site shall be substantially consistent with the design, colors, and materials of the existing buildings on the site, as depicted on the submitted building elevation drawing submitted with the application, entitled “Vector Park Building 3,” prepared by LPA Architecture, and dated 22 February 2013. shall be modified to be consistent with the design, colors, and materials of the buildings proffered with the January 11, 2005 Change of Zoning, and as subsequently revised. Said approved design, colors and materials are on file at the Virginia Beach Department of Planning.

3. 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 15 feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary.

4. The material of the solid fence depicted on the site plan referenced by Condition 1 shall be vinyl or other similar maintenance-free material.

5. Based upon the fact that only one side of the bulk storage yard is visible from a public right-of-way, as well as a finding that there will be no significant detrimental effects on surrounding properties due to the elimination of landscape screening for the other three sides of the storage yard as required by Section 228 of the Zoning Ordinance, the screening of the perimeter of the storage yard as shown on the plan referenced in Condition 1 shall be allowed, as provided for by Section 221(i) of the Zoning Ordinance.

Item #7 Dam Neck Storage 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. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7 by consent. Robert Beamon appeared before the Commission on behalf of the applicant.

Item #8 DML Lynnhaven Mall, L.L.C. Conditional Use Permit 701 Lynnhaven Parkway, Space H08 District 3 Rose Hall June 12, 2013 CONSENT An application of DML Lynnhaven Mall, L.L.C. for a Conditional Use Permit (Tattoo Parlor) on property located at 701 Lynnhaven Parkway, Space H08, District 3, Rose Hall. GPIN: 1496-46-1559.

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 retail sales area within the establishment.

3. The hours of operation shall be 10:00 a.m. to 9:00 p.m., Monday through Saturday, and from 12:00 p.m. to 6:00 p.m., on Sunday.

4. From November 22nd through January 1st, the applicant may deviate from the hours established in Condition 3, adhering to the modified holiday hours of operation as established by Lynnhaven Mall. This shall entail opening no earlier than 6:00 a.m. and closing no later than 10:00 p.m.

5. 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, with the exception of medical reasons as specified by a physician.

6. The service of body piercing shall only be available to individuals over fifteen years of age.

7. All signage shall substantially conform to the submitted drawing titled, “Signage Rendering,” dated May 29, 2013.

8. The layout of the facility shall substantially conform to the submitted drawing titled, “Floorplan,” dated May 29, 2013

9. In addition to Conditions one through eight, the applicant shall also meet all requirements under Section 23-51 and Section 23-53.1 of the City Code.

NOTE: Further conditions may be required during the administration of applicable

Item #8 DML Lynnhaven Mall, L.L.C. Page 2 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.

AYE 9 NAY 0 ABS 1 ABSENT BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO ABS THORNTON AYE By a vote of 9-0, with the abstention so noted, the Commission approved item 8 by consent. Melissa Lukeson, the applicant, appeared before the Commission.

Item #9 Our Saviour Lutheran Church Conditional Use Permit 4200 Shore Drive District 4 Bayside June 12, 2013 CONSENT An application of Our Saviour Lutheran Church for a Conditional Use Permit (Columbarium - Religious) on property located on a portion of 4200 Shore Drive, District 4, Bayside. GPIN: 1479-98-1231. CONDITIONS 1. Development of this site shall substantially conform to the submitted conceptual

architectural drawing entitled, “Wall Section,” and “Elevation from Teal Court.”

2. This Conditional Use Permit shall only apply to the area necessary for the footprint of the columbarium, as shown on drawing titled, “Wall Section.” Said area shall project northward from the exterior wall no more than 7 feet - 6 inches and to the east and west no more than 15 feet.

3. No more than 126 niches are permitted with this Conditional Use Permit. Said niches shall be developed in two separate phases, with the first phase consisting of no more than 63 niches.

4. Prior to construction, the applicant shall submit all necessary drawings and documents to obtain any required permits as specified by the City of Virginia Beach.

5. Prior to construction, the applicant shall submit all required drawings to the Development Services Center 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.

Item #9 Our Saviour Lutheran Church Page 2


AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 9 by consent. Mike Weirich appeared before the Commission on behalf of the applicant.

Item D1 Radhakrishna Renukunta & Kavitha Vurimindi Variance to the Subdivision Ordinance 1636 and 1676 Godfrey Lane District 5 Lynnhaven June 12, 2013 CONSENT REQUEST: An application of Radhakrishna Renukunta & Kavitha Vurimindi for a Subdivision Variance to Section 4.4(d) of the Subdivision Regulations that requires that all newly created lots must have direct access to a public street on property located at 1636 and 1676 Godfrey Lane (private road), District 5, Lynnhaven. GPIN: 2409-23-1083 and 2409-23-0291. CONDITIONS 1. The existing parcels shall be subdivided substantially in accordance with the submitted

preliminary subdivision plat “Subdivision of GPIN’s 2409-23-1083 (DB 1281, PG 14) & 2409-23-0291 (DB1278, PG 388) (MB 27, PG 22) (MB 52, PG 53) Virginia Beach, Virginia”; dated January 23, 2013 and prepared by MSA, P.C. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department.

2. A utility plan to include water and sewer services, hydraulic analysis, pump station calculations, force main calculations and fire demand requirements prepared in accordance with the Department of Public Utilities and Health Department standards for Parcel B must be approved prior to plat recordation.

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.


AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE

Item D1 Radhakrishna Renukunta & Kavitha Vurimindi Page 2 LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item D1 by consent. Anne Crenshaw appeared before the Commission on behalf of the applicant.

Item D-2 U-Haul Company of Tidewater Modification of a Condition Use Permit 4950 Virginia Beach Boulevard District 4 Bayside June 12, 2013 DEFERRED An application of U-Haul Company of Tidewater for a Modification of a Conditional Use Permit for a self-storage facility approved by City Council on November 10, 1993 on property located at 4950 Virginia Beach Boulevard, District 4, Bayside. GPIN: 1477-15-0655. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission deferred item D-2 for 60 days. Lisa Murphy appeared before the Commission on behalf of the applicant.

Item D3 Princess Anne Partners Conditional Change of Zoning 2368 Princess Anne Road District 7 Princess Anne June 12, 2013 REGULAR An application of Princess Anne Partners for Conditional Change of Zoning (AG-2 Agricultural district / HC Historic and Cultural district to Conditional PDH-2 Planned Unit Development district with an underlying R-10 Residential district / HC Historic and Cultural district) on property located at 2368 Princess Anne Road, GPIN: 2404-03-5813. PROFFERS PROFFER 1: When the Property is developed, the entrance, street, landscaping, fencings, community signage, and open space features shall be substantially in accordance with the “REZONING EXHIBIT FOR HOLLAND CROSSING”, dated December 2, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (“Concept Plan”). PROFFER 2: When the Property is developed, there will be no more than eleven (11) single family residential condominium units, each of which shall have a one or two car garage. PROFFER 3: When the Property is developed, the residential dwellings depicted on the Concept Plan shall have the architectural design and utilize the building materials substantially as depicted and designated on the eight (8) Exhibits designated “ELEVATIONS ‘A’ through ‘H’ Holland Crossing”, dated Nov. 17, 2012, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. (The Historic Review Board approved Elevations A, C, D, and F. If the applicant desires to build Elevations B, E, G, and H they must submit the plans to the Historic Review Board for review and approval.) PROFFER 4: The dimensional requirements applicable to Holland Crossing shall be as follows:

• Minimum Setback from Princess Anne Road and Holland Road – 30’ • Minimum Rear Yard and Side Yard Setback from Adjacent Properties – 20’ • Minimum Setback Distance from Dwelling to Edge of Curb on Interior Streets

Front / Access 20’ Side Dwelling adjacent to Street 15’

• Minimum Setback Distance between Residential Buildings 32’

Item D3 Princess Anne Partners Page 2 PROFFER 5: When the Property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners’ Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. PROFFER 6: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance (“Preservation District”). PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable as they insure the site will be developed in accordance with the submitted preliminary site plan and building elevations. The submitted preliminary site plan depicts a coordinated development of the site in terms of design, landscaping, open space, and circulation within the site. The submitted preliminary elevations depict proposed dwellings that are complementary to existing dwellings in the area. The City Attorney’s Office has reviewed the proffer agreement dated November 30, 2012, 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. AYE 10 NAY 0 ABS 0 ABSENT 1

Item D3 Princess Anne Partners Page 3 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 7. Eddie Bourdon appeared before the Commission on behalf of the applicant. Tom Downing, Nancy Roche, Nancy Jordan, Carrie Vickers, Leslie Creech, Frank Stegmann, Nikki Bergman, and Pete Garcia appeared before the Commission in opposition.

item #1 taste unlimited, l.l.c. bayside

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