5. All signage on the site shall conform to the requirements of the City Zoning Ordinance.

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1 Item #1 Carolyn Latiolais Conditional Use Permit 1209 Baker Road, Suite 504 District 4 Bayside CONSENT An application of Carolyn Latiolais for a Conditional Use Permit (Truck and Trailer Rentals) on property located at 1209 Baker Road, Suite 504, District 4, Bayside. GPIN: CONDITIONS 1. There shall be no more than a total of five (5) vehicles (including trailers) on the site. The storage and display location shall be limited to the Designated Parking Area as shown on Map 2 on page 9 of this report. 2. No vehicles shall be parked within any portion of the public right-of-way, and furthermore, no vehicle shall be parked within ten (10) feet of the public right-of-way on Baker Road or Northampton Blvd. 3. Vehicles and equipment that are too large to fit in a parking stall shall be parked perpendicular to as many parking stalls as necessary in the far northwest corner of the parking lot. 4. No repair, washing, or detailing of vehicles or equipment shall be permitted on the site, and no outside storage of parts, or wrecked or inoperative vehicles is permitted. 5. All signage on the site shall conform to the requirements of the City Zoning Ordinance. 6. This Use Permit is for the rental of trucks and trailers only. Sale of trucks, trailers, or other vehicles shall not be permitted on the site. 7. Based on a finding that the nature of the strip center precludes the use of a fenced and landscaped area for a storage area, as required by Section 242.2(d) of the City Zoning Ordinance, as well as a finding that the lack of the required type of screening will have no significant detrimental effect on properties surrounding the subject site, a deviation from said requirement is allowed such that vehicles are stored consistent with the conditions of this Use Permit.

2 Item #1 Carolyn Latiolais Page 2 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 1 By a vote of 11-0, the Commission approved item 1 by consent. The applicant Carolyn Latiolais appeared before the Commission.

3 Item #2 Virginia Seagull Travel Bus, Inc. Modification Conditional Use Permit 649 Newtown Road, Suite 101 District 2 Kempsville CONSENT An application of Virginia Seagull Travel Bus, Inc. for a Modification of a Conditional Use Permit (Passenger Transportation Terminal Bus) on property located at 649 Newtown Road, Suite 101, District 2, Kempsville. GPIN: CONDITIONS 1. Buses shall only load and unload in the Designated Loading / Unloading Area shown on the submitted site plan and the site plan enlargement entitled Newtown Baker Crossing by S.L. Nusbaum Realty and contained in this application. 2. Buses that are not in operation shall be parked in the Designated Overnight Parking Area as shown on the submitted site plan and site plan enlargement entitled Newtown Baker Crossing by S.L. Nusbaum Realty and contained in this application. 3. The restroom in the office suite shall be made available for passengers and those waiting for passengers during normal office hours. 4. At least twenty (20) seats shall be available within the office for passengers to wait before or after their scheduled bus departs. 5. No vehicle service, repair, or maintenance activities shall be performed at this site. 6. The applicant shall obtain all necessary permits, inspections, and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department. A Certificate of Occupancy shall be obtained from the Permits and Inspections Division of the Planning Department. 7. Administrative review of the Use Permit shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator. 8. The operation of the buses shall be limited to the schedule provided by the applicant: Departures - 10:00am and 11:45pm; Arrivals - 10:00pm and 12:00am. Operating times may deviate reasonably from the stated times in order to accommodate traffic.

4 Item #2 Virginia Seagull Travel Bus, Inc. Page 2 9. No more than one (1) bus shall load or unload passengers during each scheduled stop. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 2 by consent. The applicant Keven Dong appeared before the Commission.

5 Item #3 Paul Bradley d/b/a Bradley Marine, L.L.C. Conditional Use Permit 588B Central Drive District 6 Beach CONSENT An application of Paul Bradley d/b/a Bradley Marine, L.L.C. for a Conditional Use Permit (boat and vessel repair and bulk storage yard) on property located at 588 B Central Drive, District 6, Beach. GPIN: CONDITIONS 1. All conditions attached to the Conditional Use Permits granted by City Council on May, , October 13, 1992 and October 29, 1996, and subsequent Modification of Conditions granted on June 24, 2008, shall be deleted and replaced with the following: a. With the exception of any modifications required by any of these conditions, use of the site may include bulk storage, motor vehicle repair garage, and boat and vessel repair, and shall be developed and maintained substantially in conformance with the submitted site plan entitled PARKING PLAN OF LOT 24, LONDON BRIDGE INDUSTRIAL PARK II, PHASE ONE AND LOT 41, LONDON BRIDGE INDUSTRIAL PARK II, PHASE TWO FOR OCEAN PROPERTIES, LLC, prepared by John E. Sirine and Associates, Ltd. and dated March 30, b. Stormwater management facilities shall be provided to control runoff in accordance with the provisions of the Stormwater Management Ordinance. c. No outside storage of equipment, parts, or materials shall be permitted. d. All automobile and boat repair work shall be performed inside the building. e. No more than 50 inoperative vehicles awaiting parts or undergoing damage evaluation for insurance processing may be stored on the subject site at any given time. No inoperative vehicle may be stored on-site for more than 30 days. f. Boats awaiting service or pick-up shall be stored in the area marked as BOAT STORAGE AREA on the submitted site plan. g. The bulk storage yard and automobile and boat repair garages shall be enclosed by a sixfoot high solid fence with Category I landscape screening adjacent to Central Drive and

6 Item #3 Paul Bradley d/b/a Bradley Marine, L.L.C. Page 2 Industry Lane. The existing chain-link fencing along the property lines not adjacent to rightsof-way is acceptable for screening purposes. h. All curb-cuts accessing the site shall be paved. i. The automotive repair garage parking area shall be paved, curbed, and guttered. j. Any new signage shall obtain a permit from the Planning Department / Zoning Office. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item NAY 0 ABS 0 ABSENT 0 By a vote 11-0, the Commission approved item 3 by consent. There was no representative.

7 Item #4 Lillel Farms, Inc. Change of Zoning 2120/2150 Centerville Turnpike District 1 Centerville CONSENT An application of Lillel Farms, Inc. for a Change of Zoning (Conditional PDH-2 with A-24 Apartment Zoning District to P-1 Preservation District) on property located at 2120/2150 Centerville Turnpike, District 1, Centerville. GPIN: A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 4 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant.

8 Item #5 30 West Pershing, L.L.C. Conditional Use Permit Between Greenwich Road and the south side of I-264 District 2 Kempsville CONSENT An application of 30 West Pershing, L.L.C. for a Conditional Use Permit (Outdoor Recreation) on property located between I-264 and Greenwich Road, approximately 1,350 feet east of Business Park Drive, District 2, Kempsville. GPIN: CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled Conceptual Site Plan, TopGolf Virginia Beach, prepared by ARCO Murray Design Build Manhard Consulting, Ltd., and WPL, dated June 2, With the exception of any modifications required by any of these conditions or as a result of review of the building plans, the structure on the site shall be substantially in conformance with the design and the exterior materials shown on the submitted elevation plans entitled Exterior Elevations 1, 2, and 3, TopGolf, Virginia Beach, VA, prepared by Aria Group Architects, Inc., dated The site identification sign shall be located as shown on the plan referenced in Condition 1 and shall be in conformance with the design shown on the submitted plan entitled Conceptual Monument Sign, TopGolf, Virginia Beach, VA, prepared by Aria Group Architects, Inc., dated There shall be one building identification sign and said sign shall be in substantial conformance with that shown on the front building elevation referenced in Condition 2. Said sign shall consist of individual backlit letters. 5. The height of the field netting along the northern side of the driving range field shall be increased in height to at least 170 feet. 6. The Color Changing LED Washing Metal Mesh installed on the exterior of the building shall be designed such that the colors displayed on the mesh change in a slow wash that requires at least one minute to transform from one color to another.

9 Item #5 30 West Pershing, L.L.C. Page 2 7. Live amplified music performed outdoors shall not occur after 10:00 p.m., Sunday through Thursday, and after 12:00 a.m. (midnight), Friday and Saturday. A motion was made and seconded by Commissioner Horsley to approve item 5. 9 NAY 0 ABS 2 ABSENT 0 ABS ABS By a vote of 9-0-2, with the abstentions so noted, the Commissioner approved item 5 for consent. R.J. Nutter appeared before the Commission on behalf of the applicant. The applicant Zack Short appeared before the Commission.

10 Item #6 Verizon Wireless Conditional Use Permit 2185 Recreation Drive District 7 Princess Anne CONSENT An application of Verizon Wireless for a Conditional Use Permit (Wireless Communication Tower) on property located at 2185 Recreation Drive (rear [west] side of the amphitheater), District 7, Princess Anne. GPIN: CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the Cell on Wheels (COW) tower installation shall be substantially in conformance with the submitted plan set (Sheets T-1, SP-1, SP-2, SP-3, and SP-4) and entitled VB Amphitheater, Temporary Site, 2185 Recreation Drive, Virginia Beach, Virginia, dated 5/20/ The COW tower facility shall be permitted on the site at the location specified in the plan set referenced by Condition 1 from May 1 to October 31. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item 6 by consent. Steve Romine appeared before the Commission on behalf of the applicant.

11 Item D-1 Five Dog Night, L.L.C. Floodplain Variance Modification of Conditional Use Permit 1515 Drakesmile District 3 Rose Hall REGULAR An application of Five Dog Night, L.L.C. for a (a) Floodplain Variance to Section 4.10 of the Floodplain Ordinance, fill within the Floodplain Subject to Special Restrictions; and an application of Five Dog Night, L.L.C. for a (b) Modification of a Conditional Use Permit for an animal kennel facility, approved by the Virginia Beach City Council on February 22, 2005 on property located at 1515 Drakesmile Road, District 3, Rose Hall. GPIN: CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on February 22, 2005, are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the conceptual layout plans entitled, Floodplain Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA, and Conditional Use Modification Exhibit of Five Dog Night, LLC, Animal Kennel, Virginia Beach, VA, dated July 23, 2014, prepared by Site Improvement Associates, Inc. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. The Proposed Buildings depicted on the plan referenced in Condition 2 above, when constructed, shall be in substantial conformance with the exhibits entitled, Five Dog Night, LLC, Proposed Building Renderings. The Existing Building referenced on the exhibit referenced in Condition 2 above as such, shall be constructed as represented on the elevations entitled, Proposed Elevations of Johnson Kennels, prepared by Martin & Martin Architecture, Inc., dated December Consistent with the 2005 City Council approval, the Shipps Corner Road ingress/egress is limited to a right-in and a right-out only. 5. Unless otherwise required by the Planning Department/Development Services Center, the on-site floodplain mitigation shall be as depicted on the Plan and the detail referenced in Condition #2. A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item D-1.

12 Item D-1 Five Dog Night, L.L.C. Page 2 11 NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item D-1. Claude Lym appeared before the Commission on behalf of the applicant. Linda Russell appeared before the Commission in opposition.

13 Item D-2 Coastal Building Group Alternative Compliance st Street District 6 Beach CONSENT An application of Coastal Building Group for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code on property located at ST Street, District 6, Beach. GPIN: ; 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 site plan entitled CONCEPT PLAN, LOTS 20, 22, 24, BLOCK 45 dated May 28, 2014 as prepared by Gallup Surveyors and Engineers, LTD,. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawings entitled LPS-1837 dated 6/12/2014, LPS-2313 dated 6/12/2014, and LPS-2313 Alt. ELEVATIONS dated 7/17/2014, as drawn by J Bengtson. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. At the time of installation and at any time of maintenance or replacement, the landscaping, fencing, pavers, and use of trellises, shall substantially be as shown on the submitted landscape plan titled, LANDSCAPE PLAN LOTS 20, 22, 24 and dated 7/31/2014. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 4. A subdivision plat shall be submitted to the Planning Department / Development Services Center for approval. Said subdivision plat shall show the removal of the existing interior lot line and the dedication of 2.5 feet along the southern lot line to the City of Virginia Beach. 5. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 20th ½ Street as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. The existing curb-cut / driveway access located on 21st Street shall be removed. 7. The portions of the driveways called out as PROPOSED PAVER DRIVEWAY, as well as the patios, shall be constructed of permeable pavers. The driveway runners may be paved.

14 Item D-2 Coastal Building Group Page 2 8. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 3. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. 9. All mechanical equipment, including but not limited to HVAC units, shall be screened yearround by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. A motion was made by Commission Hodgson and seconded by Commissioner Horsley to approve item D NAY 0 ABS 0 ABSENT 0 By a vote of 11-0, the Commission approved item D-2 by consent. Eddie Bourdon appeared before for the Commission on behalf of the applicant.

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