Docket Item "B" UP-11-14

Deep Creek Internet Cafe

CITY COUNCIL PACKAGE FOR

SEPTEMBER 20, 2011

WITHDRAWN BY APPLICANT

Page 1 – 2 Application Summary 3 – 4 Planning Commission Minutes 5 – 11 Staff Report: July 22, 2011

12 Site Plan 13 GIS Parcel Exhibit 14 Withdrawal Letter

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APPLICATION SUMMARY

UP-11-14 Deep Creek Internet Cafe

LOCATION: 838 Old George Washington Highway, North

PROPOSAL: A conditional use permit for a computer based gaming establishment within an existing shopping center.

SUBMITTED: 5-26-11 ACCEPTED: 6-8-11

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 8-10-11

RECOMMENDATION: DENIAL

VOTE: 4 – 3 - 1

ATTACHMENTS

Minutes, Staff Report, Site Plan, GIS Parcel Exhibit, Withdrawal Letter

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APPLICATION SUMMARY

UP-11-14 Deep Creek Internet Cafe

APPLICANT: Bradford D. Gibbs 838 Old George Washington Hwy, N Chesapeake, VA 23323 409-5153 Sherry85@cox.net

OWNER: Washington Shoppes, LLC Attn: Emil A. Viola PO Box 6186 Chesapeake, VA 23323 487-3441 eaviola@eaviola.com Member: Emil A. Viola, Manager

AGENT: Deep Creek Internet Cafe Attn: Bradford D. Gibbs 941 Oklahoma Drive Chesapeake, VA 23323 409-5153 Sherry85@cox.net

3 Chesapeake Planning Commission

DRAFT August 10, 2011 Public Hearing Minutes

UP-11-14 PROJECT: Deep Creek Internet Cafe APPLICANT: Bradford D. Gibbs PROPOSAL: A conditional use permit for a computer based gaming establishment within an existing shopping center. ZONE: B-4, Shopping Center Business District SIC CODE: 7999 LOCATION: 838 Old George Washington Highway North TAX MAP SECTION/PARCEL: A portion of 0252011000050 BOROUGH: Deep Creek

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-11-14 be DENIED. (4-3-1; Johnson/Small, Van Laethem, Gerloff, Bell opposed, Whitted abstained, Papasodora-Cochrane excused)

Mrs. Hanson read UP-11-14 into the record for Commission review and action.

Staff Presentation:

Mrs. White stated that based on sound planning practices, Planning staff recommended UP-11-14 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

Bradford Gibbs, Applicant, 941 Oklahoma Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-11-14 representing himself.

Opponent:

Carol Praissman, 408 Whisper Walk, Chesapeake, Virginia, appeared before the Commission in opposition to UP-11-14 representing herself.

The citizen who spoke in opposition stated the proposed use did not belong in a residential neighborhood.

COMMISSION DISCUSSION:

Commissioner Hutchinson stated that she was concerned about potential illegal activity occurring at this site based on crime statistics from other cities. She was also concerned about this location since it is near a residential neighborhood. Commissioner Johnson said he was concerned about the close proximity to the library and that it wasn’t suitable for the surrounding neighborhood.

4 Chesapeake Planning Commission

DRAFT August 10, 2011 Public Hearing Minutes

COMMISSION VOTE:

Commissioner Johnson moved that UP-11-14 be DENIED due to lack of appropriateness in the application location. Commissioner Small seconded the motion. The motion was carried by a vote of 4-3-1. Commissioners Van Laethem, Gerloff and Bell voted against the motion. Chairman Whitted abstained and Commissioner Papasodora-Cochrane was excused.

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Deep Creek Internet Cafe UP-11-14 APPLICANT: Bradford D. Gibbs PROPOSAL: A conditional use permit for a computer based gaming establishment within an existing shopping center. ZONE: B-4, Shopping Center Business District SIC CODE: 7999 LOCATION: 838 Old George Washington Highway, North TAX MAP SECTION/PARCEL: A portion of 0252011000050 BOROUGH: Deep Creek

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