C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA September 15, :30 P.M. City Hall Council Chamber 306 Cedar Road

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1 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA September 15, :30 P.M. City Hall Council Chamber 306 Cedar Road ** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK PRIOR TO 6:30 P.M.** NOTE: COPIES OF BACKUP MATERIALS FOR ALL AGENDA ITEMS, INCLUDING THE APPLICATION AND SUPPORTING MATERIALS FOR THE PLANNING PUBLIC HEARING ITEMS MAY BE VIEWED IN THE CITY CLERK S OFFICE OR THE PLANNING DEPARTMENT AT ANY TIME DURING NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. REMINDER: 4:30 p.m. Work Session 4 th Floor Human Resources Training Room Topics: (1) Ordinances (2) Local Road Projects and Maintenance The City Council Work Sessions and Meetings can be viewed live on WCTV- Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) and at CityOfChesapeake.net. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable channel 43) as well as CityOfChesapeake.net at the following times: Tuesday - Work Session at 11:30 p.m. and Meeting at 12:30 a.m.; Wednesday - Work Session at 1:00 p.m. and Meeting at 2:00 p.m. and Saturday - Work Session at 8:00 p.m. and Meeting at 9:00 p.m. PLEASE NOTE: Speaker Cards will not be accepted for the Council Meeting once the meeting begins. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. Citizens may also pre-register by calling the City Clerk s Office at , Monday through Friday, (8:00 a.m. - 5:00 p.m.) prior to, and including the date of the Council meeting. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live on WCTV-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) as well as CityofChesapeake.net, and heard on WFOS-88.7FM. The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens. Citizens who wish to receive such accommodations must contact Mr. Tim Winslow ( ), within three working days prior to the meeting. NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER PLEASE TURN OFF CELL PHONES WHILE IN THE CHAMBER 1

2 1. INVOCATION C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Agenda September 15, :30 P.M. City Hall Council Chamber 306 Cedar Road 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. PUBLIC HEARING APPLICANTS, AGENTS AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS A. R(C) Kemp Bridge, Phases 3A & 3B APPLICANT: Kemp Bridge Associates, LLC AGENCY: Shepelle WatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of a 0.7± acre parcel from R- 12s, Residential District, to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Office EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than four (4) units per acre. LOCATION: Southwest quadrant of the intersection of Kempsville Rd & Lake Thrasher Pkwy TAX MAP SECTION/PARCEL: Portion of BOROUGH: Washington The Planning Commission recommends approval with the following proffers: 1. The applicant/owner shall dedicate right-of-way along the property s frontage on Kempsville Road as shown on the rezoning exhibit entitled, Rezoning Exhibit The Subdivision of Kemp Bridge Phase 3A and 3B Washington Borough - Chesapeake, VA Tax Map Parcels and dated July 7, 2015 at no cost to the City. The applicant/owner shall also dedicate the ultimate 80 wide right-of-way for Lake Thrasher Parkway as depicted on the exhibit referenced above at no cost to the City. The Lake Thrasher Parkway dedication shall include a strip of land approximately 5 in width on the northern portion of Tax Map Parcel along the entirety of its frontage on Lake Thrasher Parkway and a strip of land approximately 25 in width on the southern portion of Tax Map Parcel along the entirely of its frontage on Lake Thrasher Parkway. The alignment and sufficiency of the dedications described above shall be subject to the review and approval of the Director of Development and Permits or designee. The dedications of right-of-way described above shall be made by plat or exhibit with deed prior to final site 2

3 plan approval of the southern portion of Tax Map Parcel or the resubdivision of the northern portion of Tax Map Parcels and Tax Map Parcel , whichever occurs first. The applicant/owner acknowledges, for itself and its successors in interest, that any signage or landscaping located within the dedicated right-of-way may remain until Lake Thrasher Parkway is widened and that the applicant/owner shall not be entitled to any claim to damages for the removal of signage or landscaping located within the dedicated right-of-way area upon the widening of Lake Thrasher Parkway. The recorded deed or resubdivision plat shall include a statement that, The applicant/owner and its assigns shall not be entitled to a claim of damages solely related to improvements in the dedication area or damages to the Property solely by reason of the right-of-way dedication pursuant to Proffer #1 of R(C) The applicant/owner agrees to construct a pedestrian sidewalk, at no cost to the City, adjacent to the right-of-way dedication described above on the northern portion of Tax Map Parcel on Lake Thrasher Parkway. The location and construction of the pedestrian sidewalk shall be subject to the review and approval of the Director of Development and Permits or designee. Prior to issuance of a building permit for the northern portion of Tax Map Parcel , the applicant/owner shall submit a site plan reflecting the sidewalk and construction of the sidewalk shall be completed prior to issuance of a certificate of occupancy for the northern portion of Tax Map Parcel The applicant/owner shall record and include on its site plan for approval a 1 wide non-ingress/egress easement along the entirety of Tax Map Parcel s frontage on Kempsville Road. The applicant/owner further agrees to record and include on its site plan for approval a 1 wide non-ingress/egress easement along both the northern and southern portions of Tax Map Parcel s frontage on Lake Thrasher Parkway, except as to where entrances are located. These 1 non-ingress/egress easements shall be outside of the areas dedicated for right-of-way pursuant to Proffer #1 and shall be recorded prior to final site plan approval of the southern portion of Tax Map Parcel or the resubdivision of the northern portion of Tax Map Parcels and Tax Map Parcel , whichever occurs first. 4. The applicant/owner shall not build 1-story buildings on the property subject to this rezoning unless a revised layout is approved by the Director of Planning or designee. 5. The applicant/owner agrees that the proposed office building shall have architectural elements which reflect a residential building similar to photographs dated July 20, 2015 and submitted to the Planning Department as determined by the Director of Planning or designee. 6. The applicant/owner agrees that only the uses, attached to this Proffer Statement as Exhibit A, will be permitted on the property. All other uses in the O&I District shall be prohibited. Should a use listed be required to obtain 3

4 a conditional use permit for its operations in accordance with the requirements of the City of Chesapeake Zoning Ordinance the permit must be acquired prior to the establishment of the use on the property. In addition, should the Zoning Ordinance later be amended to prohibit or make conditional a use listed as permitted on Exhibit A, the Zoning Ordinance shall control The conceptual site plan prepared by Hoggard-Eure and dated July 7, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously file conceptual site plan. The applicant has offered a revised Proffer #7: 7. The Applicant/Owner agrees that light-emitting diode (LED) exterior displays shall not be permitted on the property subject to this rezoning for signage. B. R(C) The Enclave at Edinburgh APPLICANT: Rhine Holdings, LLC AGENCY: Pinnacle Group Engineering, Inc. PROPOSAL: A conditional zoning reclassification of approximately 25.8± acres from A-1, Agricultural District (24.8± acres) and B-1, Neighborhood Business District (1± acre), to R-MF-1, Residential Multi-Family District (23.8± acres) and B-2, General Business District (2± acres). PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 5.5 dwelling units per acre proposed and Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 1902 Battlefield Blvd South TAX MAP SECTION/PARCELS: , , BOROUGH: Pleasant Grove The Planning Commission recommends approval with the following proffers: 1. The Applicant/Owner shall restrict development of the subject parcels to one hundred fourteen (114) single family detached condominiums. 2. The Applicant/Owner shall develop the residential buildings in substantial conformance, as determined by the Planning Director, or designee, to the elevations as depicted in the Enclave at Edinburgh Design Booklet date stamped June 12, The exterior building materials on the commercial 4

5 buildings shall be Hardi Plank siding, brick/stone accents and standing seam metal roofing accents. 3. The Applicant/Owner shall establish a condominium association to own and maintain all private common areas and open space, landscape buffers, storm water management facilities associated with the subject property, walking trails, and the clubhouse recreation area with pool. The condominium association shall be formed before the issuance of the first building permit for a residential structure. The Applicant/Owner further agrees to the following conditions listed in (a) through (g) below and acknowledges that enforcement of said conditions shall be the sole responsibility of the condominium association. a. The Applicant/Owner agrees that the proposed residential units shall vary in size from 1,800 s.f. minimum to a maximum of 3,200 s.f. b. All home foundations shall be either raised slab or crawl space construction. Finished floor elevations will be a minimum of 16 above the curb elevation in front of the unit. c. Stoops on front elevations shall be brick. d. Exterior walls will be a combination of Brick/masonry, wood, vinyl, fiber cement siding, and natural stone. A minimum of two elements shall be provided for each structure. e. Detached condominium units exterior walls with the same color scheme as adjacent or nearby homes will be permitted on a frequency of every third dwelling unit. f. Sixty percent (60%) of the single-family detached condominium units shall have one of the following characteristics: (1) Detached garage. (2) Garage doors that do not face the dwelling s primary street frontage. (3) Garage doors that are recessed 8 feet or greater from the dwelling s primary façade. g. Each single-family detached condominium unit shall have a front porch with a minimum depth of 4 feet. 4. The Applicant/Owner agrees that there shall be a commercial component to the proposed development that shall be 2.0± acres in size and be located along the frontage of Battlefield Boulevard. 5. The Applicant/Owner shall install, at its own cost and expense, significant open spaces, walking trails, and a recreation area with pool, hereinafter recreation areas as generally shown on the Preliminary Site Plan 5

6 developed by Pinnacle Group Engineering, Inc., and date stamped June 23, subject to review and approval of the Director of Planning or designee. The Applicant/Owner further agrees that all recreation areas shall be completed prior to the issuance of the sixtieth (60 th ) certificate of occupancy. 7. The Applicant/Owner shall install, at its own cost and expense, an entrance feature as shown on the Preliminary Site Plan developed by Pinnacle Group Engineering, Inc., and date stamped June 23, 2015, that shall be composed of a development sign and brick pavers entry. Said entrance feature shall be installed prior to the issuance of the tenth (10 th ) certificate of occupancy. 8. The Applicant/Owner agrees to the following road improvements at its own cost and expense: a. The Applicant/Owner agrees to extend the southbound turn lanes on Battlefield Boulevard at its intersection with Hawk Boulevard northward ±250 fee within the existing right of way by restriping and road widening of the existing pavement. This improvement shall be subject to the review and approval of the Director of Development and Permits or designee and shall be complete, prior to the issuance of the (eleventh) 11 th certificate of occupancy for any residential unit on the property, excluding any sales center or model units. b. The Applicant/Owner agrees to construct two (2) inbound lanes of Hawk Boulevard from Battlefield Boulevard as shown on the exhibit entitled Hawk Boulevard Improvements dated July 6, This improvement shall consist of a combination of restriping and pavement widening of ±650 feet of roadway. The improvement shall be subject to the review and approval of the Director of Development and Permits or designee and shall be completed, prior to the issuance of the (eleventh) 11 th certificate of occupancy for any residential unit on subject property, excluding any sales center or model units. The deadline may be extended by the Director of Development and Permits or designee in the event it is determined that construction should occur during school days. c. The Applicant/Owner shall install the additional northbound through lane on Battlefield Boulevard from the entrance to Hickory High School to the entrance of Southeastern Elementary School prior to the issuance of the fifty seventh (57 th ) certificate of occupancy for the development. The installation, alignment and sufficiency of the northbound through lane shall be subject to the review and approval of the Director of Development and Permits or designee. 6

7 d. Should all of the road improvements described in proffer 7 (a) through 7(c) inclusive, above, be completed by another developer, the Applicant/Owner agrees to install an additional southbound through lane on Battlefield Boulevard from Hillcrest Parkway to the main entrance for the subject property as required by the Director of Development and Permits or designee prior to the issuance of the fifty seventh (57 th ) certificate of occupancy. The final design shall be subject to the review and approval of the Director of Development and Permits or designee. 9. The Applicant/Owner agrees to dedicate ½ of the ultimate 120 right-of-way along the entire frontage along Battlefield Boulevard on the properties subject to this rezoning at no cost to the City. This dedication area shall be measured 60 feet from the original centerline, shall be subject to the review and approval of the Director of Development and Permits or designee, recorded in a format acceptable to the City by deed or plat prior to any site plan approval. Additional dedication may be required for turn-lanes to serve the site as determined by the Director of Development and Permits or designee. 10. The Applicant/Owner shall install a full depth public sanitary sewer extension from the existing city sanitary main on Battlefield Boulevard, to the midpoint of the subject property. The sanitary sewer extension shall be subject to the review and approval of the Director of Public Utilities or designee and shall be installed prior to the issuance of any certificate of occupancy on the property subject to this rezoning. 11. The Applicant/Owner agrees to ensure that full written disclosure of ground water and soil contamination associated with the former gasoline station is included within the notes of all recorded plats, all initial contracts for purchase of lots by builders and first occupants and all deeds of conveyance, restrictive covenants and condominium association documents and the exact language of the written disclosure shall be subject to approval by the City Attorney s Office. This disclosure shall contain any known or suspected contaminant data, including all stipulated engineering and/or land use controls on the subject property identified within McCallum s September 12, 2014 Phase 1 Environmental Site Assessment (ESA), McCallum s February 12, 2015 Phase 2 ESA, McCallum s April 3, 2015 Site Characterization Report (SCR), Virginia Department of Environmental Quality (DEQ) April 6, 2015 Case Closure Letter (PC# ) and other reports investigating the source, extent and risk posed by the subject property, in addition to remediation, monitoring and corrective action measures conducted within the subject property. The Applicant/Owner is solely responsible for ensuring that this disclosure language is included in the instruments described above. The Applicant/Owner acknowledges that the City is under no duty to inspect or review contracts, deeds, restrictive covenants, homeowner association documents and other recorded instruments. It is further acknowledged and agreed by the Applicant/Owner 7

8 that the duty of ensuring compliance appropriately lies with the parties responsible for the development, construction, and marketing of the subject property, e.g. owners, developers, builders and sellers. Upon the written determination by the City Manager or designee, this disclosure shall not be required if the Applicant/Owner certified in writing that appropriate testing and remediation performed by the Applicant/Owner demonstrates that there is no foreseeable risk to human health or the environment associated with the former gasoline station. 12. The Applicant/Owner agrees that the conceptual plan prepared by Pinnacle Group Engineering Inc. and entitled Preliminary Site Plan of Enclave at Edinburgh date stamped June 23, 2015, (the Plan ) a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual plan. In order to obtain preliminary or final subdivision approval, changes in the conceptual plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved subdivision plat shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual plan. 13. The Applicant/Owner shall provide the Director of Public Works a Corrective Action Plan (CAP) for review and approval prior to implementation of any remedial actions. The CAP shall detail the proposed remedial plan consisting of UST removal, limited on-site soil excavation of the adsorbed phase plume and treating localized groundwater with an Oxygen Release Compound (ORC). Additionally, prior to plat recordation, the Applicant/Owner shall provide the Director of Public Works a final Phase II Initial Abatement Measures (IAM) report summarizing the site remediation actions. C. R George Washington Shopping Center APPLICANT: Nuni Associates a/k/a, Nuni Inc. AGENCY: McGuireWoods LLP PROPOSAL: A zoning reclassification of 4.427± acres from B-1, Neighborhood Business District to B-2, General Business District PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business Commercial LOCATION: 1100 George Washington Hwy TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends denial. 8

9 D. R Excel Paving APPLICANT: Excel Paving Corporation AGENCY: American Engineering Associates-Southeast PA, Inc. PROPOSAL: A zoning reclassification for a 17.71± acre portion of a site totaling 54.6± acres from M-1, Light Industrial District, to M-2, General Industrial District to allow for the operation of a tugboat company. PROPOSED COMP LAND USE / DENSITY: Industrial EXISTING COMP LAND USE / DENSITY: Industrial LOCATION: Northern terminus of Michael Dr TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval. E. UP Excel Paving APPLICANT: Excel Paving Corporation AGENCY: American Engineering Association-Southeast PA, Inc. PROPOSAL: A conditional use permit to allow for an asphalt plant with an accessory outside storage yard for an 8.61± acre portion of a site totaling 54.6± acres. ZONE: M-1, Light Industrial District LOCATION: Northern terminus of Michael Dr TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees that the approved Final Site Construction Plan for the facility shall provide, through a combination of preservation of existing trees and planting of new trees, compliance with the 10% tree canopy cover for the Chesapeake Bay Protection Area (CBPA) Resource Management Area as set forth in the City Code. In partial fulfillment of this requirement, the applicant/owner agrees to preserve existing trees along the western boundary of the subject site to serve as a visual buffer to residential uses to the west. Said preservation of existing trees along the western boundary of the subject site shall be depicted on a landscaping plan which shall be subject to the review and approval of the Director of Development and Permits or their designee and by the Director of Planning or their designee. 2. The applicant/owner agrees that it shall obtain all required government permits, including but not limited to a Virginia DEQ Air Permit and a Virginia DEQ VPDES Permit for discharges of storm water associated with industrial activities prior to the issuance of a Certificate of Occupancy (CO) or any other permit or certificate issued by the City of Chesapeake. 3. The applicant/owner shall, at its own cost and expense, construct all of the Michael Drive improvements and complete all right-of-way dedications delineated in the approved subdivision plan AC# (S-07-35) subject to the review, approval and acceptance of the Director of the Development and Permits or designee prior to the issuance of a Certificate of Occupancy (CO) or any other permit or certificate issued by the City of Chesapeake. 4. The applicant/owner shall agrees to submit a lighting plan in accordance with Chesapeake Zoning Ordinance Section to the Director of Development and Permits or their designee prior to the approval of the Final Site Construction Plan and issuance of a new certificate of 9

10 occupancy and zoning permit. Said lighting plan shall provide for the installation of full-cut-off light fixtures to exterior walls and parking lot areas to eliminate glare and light trespass. 5. The applicant/owner agrees that the location of the dock for the tugboat operation shall be depicted on the Final Site Construction Plan which shall be subject to the review and approval of the Director of Development and Permits or designee. The applicant/owner agrees that it shall obtain Final Site Construction Plan approval and all other required permits and approvals prior to the issuance of a zoning permit/certificate of occupancy. 6. The applicant/owner agrees that the asphalt parking lot shall be depicted on the Final Site Construction Plan which shall be subject to the review and approval of the Director of Development and Permits or designee. Said asphalt parking lot shall comply with the requirements of the Chesapeake Zoning Ordinance, including but not limited to, providing a sign limiting the use of one (1) of the van accessible parking spaces to disabled persons in wheelchairs. 7. The applicant/owner shall conduct the facility s operations on the site subject to this use permit in compliance with the provisions of Chapter 26, Article V of the Chesapeake City Code regarding noise. 8. The applicant/owner agrees that the hours of operation for the tugboat operation and asphalt plant shall be from 6:30 a.m. - 7:00 p.m., seven days a week. 9. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations that include any proposed signage. The building elevations shall be subject to the review and approval of the Planning Director or their designee prior to Final Site Construction Plan approval. F. UP ReCreation Custom RV Rebuilders, Inc. APPLICANT: Sharlene and Lou Murden PROPOSAL: A conditional use permit to operate a recreational vehicle dealership. ZONE: Greenbrier Planned Unit Development, Zone 2 LOCATION: 900 Business Park Dr TAX MAP SECTION/PARCEL: BOROUGH: Washington The Planning Commission recommends approval. G. UP Roosevelt Memorial Gardens APPLICANT: Cemetery Investments, Inc. PROPOSAL: A conditional use permit to construct new mausoleums at an existing cemetery. ZONE: R-8s, Residential District LOCATION: 1101 Campostella Rd TAX MAP SECTION/PARCEL: portion of BOROUGH: Washington The Planning Commission recommends approval. 10

11 H. TA-Z An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Sections , , , , , , and thereof to amend the standards for granting a variance and standards for appeals from the Board of Zoning Appeals to the Circuit Court as required by 2015 amendments to state law. The Planning Commission recommends approval of the version dated June 26, DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY B. REGULAR AGENDA City Manager Item (1) RESOLUTION APPROVING THE DISCONTINUANCE OF SUPPLEMENTAL HEALTH CARE BENEFITS FOR MEDICARE- ELIGIBLE CITY RETIREES AND AUTHORIZING THE CITY MANAGER TO HIRE A CONSULTANT TO ASSIST AFFECTED RETIREES IN TRANSITIONING TO NEW SUPPLEMENTAL HEALTH CARE PLANS AVAILABLE IN THE MARKETPLACE DEPARTMENT OF HUMAN RESOURCES 7. UNFINISHED BUSINESS 8. NEW BUSINESS 9. CLOSED SESSION 10. ADJOURNMENT 11