Docket Item "D" UP-12-26

Dunkin Donuts

CITY COUNCIL PACKAGE FOR

OCTOBER 16, 2012

Heard by Planning Commission on October 10, 2012

Page 1 – 2 Application Summary 3 – 4 Planning Commission Minutes 5 – 13 Staff Report: October 3, 2012

14 – 15 Architectural Elevations 16 Site Plan 17 Aerial 18 GIS Parcel Exhibit

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APPLICATION SUMMARY

UP-12-26 Dunkin Donuts

LOCATION: 1336 Poindexter Street

PROPOSAL: A conditional use permit for a restaurant with a drive-thru window and amplified speaker system.

SUBMITTED: 8-3-12 ACCEPTED: 8-10-12

CITY COUNCIL

HEARING DATE: 9-11-12

ACTION: APPROVED FOR CONCURRENT ADVERTISING

VOTE: 9 – 0 (De Triquet/Ward)

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 10-10-12

RECOMMENDATION: Approval with stipulations

VOTE: 7 - 0

ATTACHMENTS

Minutes, Staff Report, Architectural Elevations, Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

UP-12-26 Dunkin Donuts

APPLICANT/OWNER: George McConnaughy 6101 Charlecote Circle Virginia Beach, VA 23464 288-5679 gmcconnaughy@yahoo.com

3 Chesapeake Planning Commission

DRAFT October 10, 2012 Public Hearing Minutes

UP-12-26 PROJECT: Dunkin Donuts APPLICANT: George McConnaughy PROPOSAL: A conditional use permit for a restaurant with a drive-thru window and amplified speaker system. ZONE: B-2, General Business District SIC CODE: 5812 LOCATION: 1336 Poindexter Street TAX MAP SECTION/PARCEL: 1280000000481 BOROUGH: South Norfolk (This item was approved for concurrent advertising and will be heard by City Council on October 16, 2012)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-12-26 be APPROVED with the following stipulations: (7-0; Whitted/Kish, Van Laethem and Hutchinson excused)

1. The owner/applicant agrees that the amplified drive thru speakers shall be directed in a southwest to westerly direction in order to minimize potential noise impacts on residential properties located to the south that front on Chesapeake Avenue. The owner/applicant further agrees that at no time shall the decibel levels emitted from the speakers exceed the limits of the City of Chesapeake Noise Ordinance.

2. The owner/applicant agrees that the proposed 6 foot privacy fence along the south property line shall be decorative in style and constructed with high quality vinyl materials of a neutral color.

3. The owner/applicant agrees that prior to construction of a monument free standing sign, the existing pylon freestanding sign shall be demolished and removed from the property. The owner/applicant further agrees that if a new freestanding sign is constructed it shall be located in compliance with the City Zoning Ordinance, to include but not limited to setback and visibility triangle requirements.

4. The owner/applicant agrees to make building façade improvements in general compliance with the renderings planning date stamped October 1, 2012.

Mrs. Hanson read UP-12-26 into the record for Commission review and action.

4 Chesapeake Planning Commission

DRAFT October 10, 2012 Public Hearing Minutes

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-12-26 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Whitted moved that UP-12-26 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 7 - 0. Commissioners Van Laethem and Hutchinson were excused.

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Dunkin Donuts UP-12-26

APPLICANT: George McConnaughy PROPOSAL: A conditional use permit for a restaurant with a drive-thru window and amplified speaker system. ZONE: B-2, General Business District SIC CODE: 5812 LOCATION: 1336 Poindexter Street TAX MAP SECTION/PARCEL: 1280000000481 BOROUGH: South Norfolk