THE JULY 17, 2018 CITY COUNCIL MEETING HAS BEEN CANCELLED; THE PLANNING PUBLIC HEARING ITEMS WILL BE HEARD ON TUESDAY, AUGUST 21, 2018

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1 THE JULY 17, 2018 CITY COUNCIL MEETING HAS BEEN CANCELLED; THE PLANNING PUBLIC HEARING ITEMS WILL BE HEARD ON TUESDAY, AUGUST 21, 2018 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA July 17, :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: 3:30 PM Economic Development Authority Interviews 4 th Floor Human Resources Training Room 5:00 PM Work Session 4 th Floor Human Resources Training Room Topics: 1.) Upcoming Agenda Items 2.) Port of Virginia Update 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/TV. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television as well as CityofChesapeake.net/TV 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. Speaker Cards will be accepted for the Council Meeting up until 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. or 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. Non-Agenda speakers are included at the first and third City Council meetings. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD. 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 SILENCE CELL PHONES WHILE IN THE CHAMBER 1

2 THE JULY 17, 2018 CITY COUNCIL MEETING HAS BEEN CANCELLED; THE PLANNING PUBLIC HEARING ITEMS WILL BE HEARD ON TUESDAY, AUGUST 21, 2018 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Agenda July 17, :30 P.M. City Hall Council Chamber 306 Cedar Road 1. INVOCATION 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 COUNCIL S CONSIDERATION OF THE PLANNING PUBLIC HEARING ITEMS A. PLN-REZ Shillelagh Commons APPLICANT: Shillelagh Commons, LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 40 acres from A-1, Agricultural District (approximately 34 acres) and R-15s, Residential District (approximately 6 acres) to R-MF-1, Multifamily Residential District (approximately 33 acres) and C-2, Conservation-Recreation District (approximately 7 acres). PROPOSED COMP LAND USE / DENSITY: Dominion Boulevard Corridor District with High Density Residential/less than 16 du/acre, Medium Density Residential/less than10 du/acre and Conservation EXISTING COMP LAND USE / DENSITY: Dominion Boulevard Corridor District with High Density Residential/less than 16 du/acre, Medium Density Residential/less than 10 du/acre and Parks/Open Space LOCATION: 875 Shillelagh Road and west side of Shillelagh Road approximately.27 of a mile south of 875 Shillelagh Road TAX MAP SECTION/PARCEL: and BOROUGH: Deep Creek The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that residential development on the subject property shall be limited to multi-family (apartment style) and single-family attached (townhouse style) condominium units as depicted on the rezoning exhibit dated revised November 8, 2017, prepared by Land Planning Solutions and on file with the Planning Department (hereinafter referred to as the Exhibit ). 2

3 2. The applicant/owner agrees that there shall be a maximum of 425 for sale residential condominium units, which shall include a maximum of 185 attached townhouse style condominiums and a maximum of 240 multifamily (apartment style) condominium units. 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $1, per multi-family and attached condominium unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited in the City of Chesapeake s Lock Box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section of the Code of Virginia, including major repairs and renovations of public facilities to the extent permitted by state law. The cash contribution shall be allocated as follows: Schools $685; Transportation $0; Libraries $351; Emergency Services $ The applicant/owner agrees to dedicate the ultimate 120 right-of-way for Cahoon Parkway on the property subject to this rezoning as depicted on the Exhibit at no cost to the City. The alignment and sufficiency of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee. The right-of-way dedication shall be completed before the issuance of a certificate of occupancy for the 1st residential unit. At any time prior to the issuance of the 1st Certificate of Occupancy, the right of way dedication shall be completed at no cost to the City by municipal acquisition plat within 60 days after receipt of a written request by the Director of Development and Permits or designee. 5. The applicant/owner agrees to design and construct the improvement to the intersection of Cahoon Parkway and Ward Road as depicted on the Exhibit within existing public right-of-way. The improvements shall consist of the elements depicted in the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be completed in accordance with a Department of Development and Permits approved plan before the issuance of a certificate of occupancy for the 1st dwelling unit on the subject property. 6. The applicant/owner agrees to, at its own cost and expense, design and construct the improvements between points A and B as depicted on the Exhibit within the right-of-way acquired by the City pursuant to proffer #1a of R(C) (Plantation Greens). The improvements shall consist of the elements generally depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be completed in 3

4 accordance with a Department of Development and Permits approved plan prior to issuance of the certificate of occupancy for the 1st residential unit. 7. The applicant/owner shall, at its own cost and expense, design and construct the improvements between points B and C as depicted on the Exhibit within the public right-of-way dedication required by proffer #5. The improvements shall consist of the element depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development and Permits approved plan prior to issuance of a certificate of occupancy for the 100th residential unit. 8. The applicant/owner agrees to record a 1 noningress/egress easement on the property subject to this rezoning in a form acceptable to the City Attorney to prohibit vehicular access to Cahoon Parkway extended except at two city-approved intersections as depicted on the Exhibit. The easement shall be established with the dedication of the right-of-way by proffer #4. 9. The applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, landscape buffers, and storm water management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be solely responsible for the adoption and enforcement of the architectural guidelines set out in proffer #10. The condominium association shall be formed before the issuance of the first building permit for a residential structure. 10. The applicant/owner agrees that the exterior architectural motif and elevations shall be compatible in terms of overall structure and its relationship to other structures based on location, size and quality within the development. The selection of materials shall be harmonious with the architectural motif of each dwelling unit and community as a whole. Exterior materials shall reflect harmony with both the environment and other structures in the neighborhood. Elevation quality, character, material and content should be continued on all sides. The above and following criteria shall be applied by the Condominium Association to the review and approval of residential structures: a. Composition sheet siding, exposed wood, exposed concrete or cinder blocks shall be prohibited as exterior materials. b. Exterior walls with the same color scheme as adjacent or nearby homes will be permitted on a frequency of only every fourth dwelling unit. c. Exterior finish materials are fiber-cement siding, brick, stone, stucco (EIFS will not be allowed), wood, and machine cut shingles. Vinyl siding will be limited to premium vinyl siding with a minimum thickness of inches. d. Front brick or stone skirt is mandatory. All units shall be constructed on a raised slab with a garage. 4

5 e. If only one siding material is used then shutters, hinges and dogs shall be provided with skirt treatment of brick or stone. f. If shutters are provided they shall appear operable by including hinges and dogs. g. There shall be a minimum 4 width corner board, window trim and door trim. Windows on the first floor shall be a minimum 6 taller than upper floor windows. h. Roofing: any architectural grade products with a minimum 25 year warranty shall be required. i. The following minimum square footages requirements shall apply: Attached condominium units shall be a minimum of 1,600 square feet. The apartment style condominium units shall be a minimum of 1,000 square feet. j. The applicant/owner agrees the proposed project shall be developed in conformance with the building elevations labeled Townhouse style condominiums and multifamily condominium units on file with the Planning Department as determined by the Planning Director or designee. 11. The applicant/owner shall convey an Avigation Easement (the Avigation Easement ) approval of this Rezoning Application by City Council (and the expiration of any applicable referendum and appeal period associated therewith). Such Avigation Easement shall be recorded in the office of the Clerk of the Circuit Court for the City of Chesapeake (so that the Easement shall be included in the record chain of title for all buyers and lenders having any interest in any portion of the Property), and shall be in a form substantially similar to that attached hereto as Exhibit A (as amended from time to time by written agreement of the applicant/owner and the Airport Authority). In addition, the applicant/owner shall include a notation on any subdivision plat submitted for City approval for any portion of the Property, which note shall provide further notice of the grant of the Avigation Easement over the property subject to this rezoning. The Airport Authority shall have sole authority to enforce the provisions of the Avigation Easement. 12. The applicant/owner agrees to dedicate ½ (one-half) of the ultimate 82 right-of-way along the subject property s frontage on Shillelagh Road. The dedication shall be measured 41 feet from the original centerline, subject to the Director of Development & Permits or designee s review and approval and shall be made prior to site plan approval. The applicant/owner agrees to, at its own cost and expense, install and maintain street trees within the planting verge as shown on the approved streetscape sections of Shillelagh Road in the Dominion Boulevard Corridor Study. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, in height, with a 6 minimum lower branch height at time of planting. Trees shall be set 5

6 back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted prior to the issuance of a certificate of occupancy for the 150th residential unit and shall be subject to the review and approval of the Director of Development and Permits or designee. 13. The applicant/owner shall install and maintain street trees within the planting verge in a manner consistent with the approved streetscape sections of Cahoon Parkway from point A to point C on the Exhibit as set out in the Dominion Boulevard Corridor Study Area. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted in accordance with the timing requirements set out in proffers 6 and 7 above for the extension of Cahoon Parkway. 14. The applicant/owner agrees to make a cash contribution of $75,000 to mitigate the traffic impacts of this development by providing funds for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway. The cash contribution shall be paid to the City prior to the issuance of the first certificate of occupancy. Upon receipt, the contribution shall be applied to the City s Traffic Deposits account (General Ledger Account # ) and shall be applied to this rezoning s share of the cost of the traffic signal installation. 15. The conceptual master plan submitted by Land Planning Solutions dated November 8, 2017 ( the Exhibit ) 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 filed conceptual site plan. 16. The applicant/owner agrees to own and maintain the portion of the subject 6

7 property zoned C-2 conservation-recreation unless and until the property is conveyed to the City of Chesapeake. 17. The applicant/owner agrees to construct a multi-use asphalt pathway that shall be 10 wide along the west side of the road to be built and dedicated as Cahoon Parkway subject to the review and approval of the Director of Development and Permits, or designee as depicted on the Exhibit. The pathway will run parallel to the improvements constructed between points A and C set out in proffers 6 and 7 and shall be completed prior to issuance of a certificate of occupancy for the 100th residential unit. 18. The applicant/owner agrees that its stormwater maintenance facilities shall be designed and constructed to receive and process all runoff generated within the development, as determined by the Director of Development and Permits, or designee. On-site impervious surfaces shall not exceed 50% coverage of the subject property zoned RFM-1 prior to i) the City s completion of the construction of its Shillelagh Road Drainage Improvement Plan or ii) within two (2) years from the date that City Council approves this rezoning. The requirements of the foregoing sentence (the 50% limitation on impervious surfaces) shall expire when the City s completes the construction of its Shillelagh Road Drainage Improvement Plan or within two (2) years from the date that City Council approves this rezoning, whichever occurs first. The applicant submitted the following revised proffers on May 23, 2018: 7. The applicant/owner shall, at its own cost and expense, design and construct the improvements between points B and C as depicted on the Exhibit within the public right-of-way dedication required by proffer #54. The improvements shall consist of the elements depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development and Permits approved plan prior to issuance of a certificate of occupancy for the 100 th residential unit. 9. The applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, landscape buffers, and stormwater management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be solely responsible for the adoption and enforcement of the architectural guidelines set out in proffer #10. The condominium association shall be formed before the issuance of the first building permit certificate of occupancy for a residential structure. 10. j. The applicant/owner agrees the proposed project shall be developed in conformance with the building elevations labeled Townhouse style condominiums and multifamily condominium units on file with the Planning Department as determined by the Planning Director or designee. 11. The applicant/owner shall convey an Avigation Easement (the Avigation Easement ) to the Chesapeake Airport Authority (the Airport Authority ) following the final approval of this Rezoning Application by City Council (and 7

8 the expiration of any applicable referendum and appeal period associated therewith). Such Avigation Easement shall be recorded in the office of the Clerk of the Circuit Court for the City of Chesapeake (so that the Easement shall be included in the record chain of title for all buyers and lenders having any interest in any portion of the Property), and shall be in a form substantially similar to that attached hereto as Exhibit A (as amended from time to time by written agreement of the applicant/owner and the Airport Authority). In addition, the applicant/owner shall include a notation on any subdivision plat submitted for City approval for any portion of the Property, which note shall provide further notice of the grant of the Avigation Easement over the property subject to this rezoning. The Airport Authority shall have sole authority to enforce the provisions of the Avigation Easement. 12. The applicant/owner agrees to dedicate ½ (one-half) of the ultimate 82 right-of-way along the subject property s frontage on Shillelagh Road to the City of Chesapeake at no cost. The dedication shall be measured 41 feet from the original centerline, subject to the Director of Development & Permits or designee s review and approval and shall be made prior to site plan approval. 13. The applicant/owner agrees to, at its own cost and expense, install and maintain street trees within the planting verge as shown on the approved streetscape sections of Shillelagh Road in the Dominion Boulevard Corridor Study. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted prior to the issuance of a certificate of occupancy for the 150 th residential unit and shall be subject to the review and approval of the Director of Development and Permits or designee The applicant/owner shall install and maintain street trees within the planting verge in a manner consistent with the approved streetscape sections of Cahoon Parkway from point A to point C on the Exhibit as set out in the Dominion Boulevard Corridor Study Area. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted in accordance with the timing requirements set out in proffers 6 and 7 8

9 above for the extension of Cahoon Parkway The applicant/owner agrees to make a cash contribution of $75,000 to mitigate the traffic impacts of this development by providing funds for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway. The cash contribution shall be paid to the City prior to the issuance of the first certificate of occupancy. Upon receipt, the contribution shall be applied to the City s Traffic Deposits account (General Ledger Account # ) and shall be applied to this rezoning s share of the cost of the traffic signal installation The conceptual master plan submitted by Land Planning Solutions dated November 8, 2017 ( the Exhibit ) 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 filed conceptual site plan The applicant/owner agrees to own and maintain the portion of the subject property zoned C-2 conservation-recreation unless and until the property is conveyed to the City of Chesapeake The applicant/owner agrees to construct a multi-use asphalt pathway that shall be 10 wide along the west side of the road to be built and dedicated as Cahoon Parkway subject to the review and approval of the Director of Development and Permits, or designee as depicted on the Exhibit. The pathway will run parallel to the improvements constructed between points A and C set out in proffers 6 and 7 and shall be completed prior to issuance of a certificate of occupancy for the 100 th residential unit The applicant/owner agrees that its stormwater maintenance facilities shall be designed and constructed to receive and process all runoff generated within the development, as determined by the Director of Development and Permits, or designee. On-site impervious surfaces shall not exceed 50% coverage of the subject property zoned RFM-1 prior to i) the City s completion of the construction of its Shillelagh Road Drainage Improvement Plan or ii) within two (2) years from the date that City Council approves this rezoning. The requirements of the foregoing sentence (the 50% limitation on impervious surfaces) shall 9

10 expire when the City s completes the construction of its Shillelagh Road Drainage Improvement Plan or within two (2) years from the date that City Council approves this rezoning, whichever occurs first. The applicant submitted the following revised proffer on June 27, 2018: 1. The applicant/owner agrees that residential development on the subject property shall be limited to multi-family (apartment style) and single-family attached (townhouse style) condominium units and that there shall be a minimum of 3.4 acres of open space perpetually maintained by the condominium association referenced in Proffer 9 below on tax map parcel number below as depicted on the rezoning exhibit dated revised November 8, 2017 prepared by Land Planning Solutions and on file with the Planning Department (hereinafter referred to as the Exhibit ). B. PLN-USE Shillelagh Commons APPLICANT: Shillelagh Commons, LLC AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a height exception from 35 feet to 57 feet for multifamily buildings. ZONE: A-1, Agricultural District, and R-15, Residential District LOCATION: 875 Shillelagh Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulation: 1. The height of the buildings shall not exceed fifty-seven (57) feet. C. PLN-USE MB Motorsports Auto Service APPLICANT: Melvin Douglas Aulston PROPOSAL: A conditional use permit to operate a motor vehicle repair facility. ZONE: B-1, Neighborhood Business District LOCATION: 2221 Campostella Road TAX MAP SECTION/PARCEL: BOROUGH: South Norfolk (Continued from the June 19, 2018 City Council meeting) The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees that all motor vehicles left on the property overnight shall be stored indoors or in the overnight storage yard as shown on the preliminary site plan received March 16, 2018 (mark up of survey plat dated October 22, 2010), in compliance with the requirements of Section of the City Zoning Ordinance. 2. The applicant/owner agrees that all work performed on motor vehicles and all storage of motor vehicle parts, including tires, shall occur indoors, in compliance with the requirements of Section of the City Zoning Ordinance. 3. The applicant/owner agrees to remove from the property the existing pump islands and pump island canopy as shown on the preliminary site plan received March 16, 2018, prior to the issuance of a certificate of occupancy. 4. The applicant/owner agrees to close an existing entrance, on Campostella Road, as shown on the preliminary site plan received March 16, The entrance closure shall be detailed on a Final Site Plan subject to approval by the Director of Development and Permits or designee. The entrance shall be closed to traffic prior to the issuance of a certificate of occupancy. 5. The applicant/owner acknowledges that the existing fence around the area designated as an overnight storage yard as shown on the preliminary site 10

11 plan received March 16, 2018, is in disrepair and further agrees to construct a new 6 opaque fence (no fabric screening) with a 10 Type A Buffer Yard as required by Section of the City Zoning Ordinance, around this area, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. 6. The applicant/owner agrees to install a 15 Type D Buffer Yard along the rear property line adjacent to the Providence Square neighborhood, as required by Section of the City Zoning Ordinance, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. 7. The applicant/owner agrees to install a 10 Type F Buffer Yard adjacent to all public right of ways that border the subject property, as required by Section of the City Zoning Ordinance, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. All plant materials may be installed in existing green areas, without the removal of existing pavement, unless desired by the applicant. 8. The applicant/owner shall install a backflow preventer on all water systems, subject to the review and approval of the Director of Public Utilities or designee, prior to the issuance of a Certificate of Occupancy. The following additional stipulations were submitted on June 26, 2018: 9. The applicant/owner agrees that this approval of a motor vehicle repair facility (SIC 75) shall include those uses consistent with the definition of motor vehicle repair garage in Section of the Chesapeake Zoning Ordinance, as amended, and shall not include motor vehicle body work or the rebuilding, dismantling or storage of junked vehicles. 10. The applicant/owner agrees to restrict hours of operation to Monday through Friday, 9:00 a.m. to 5:00 p.m. 11. The applicant/owner agrees that conditional use permit approval shall be limited to the applicant only. D. R(C) Dominion Meadows APPLICANT: Michael Myers. PROPOSAL: Modification of Proffer 18 for Dominion Meadows, R(C) PROPOSED CHANGE IN USE: To allow pools and those buildings or structures that do not have a permanent foundation within the 25 buffer area along the rear lot line of residential lots located along the perimeter of the subdivision. EXISTING USE: No buildings or structures, other than fences, allowed in 25 buffer. LOCATION: portions of Painted Lady Place, Bellflower Way, Angel Wing Drive; Wood Nymphh Lane; Matilda Court, and Checkerspot Way. TAX MAP SECTION/PARCELS: portions of , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 11

12 , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , Original proffer approved by City Council on May 21, 2013: 18. A twenty-five foot (25 ) wide buffer area shall be provided along the rear lot line of all residential lots located along the perimeter of the Property, substantially as depicted on the Site plan. No buildings or structures, except fences, shall be permitted within the 25 buffer. A detailed Master Landscape Plan that addresses the 25 buffer area (and other common areas located on the Property) shall be submitted for approval by the City in conjunction with the initial preliminary subdivision plat submitted with respect to the Property. Any fence constructed on a residential lot abutting the Scenic Parkway right-of-way shall be constructed using vinyl material. A fencing detail plan shall be submitted to the Department of Planning for approval during final site plan review. The applicant submitted the following revised proffer on June 27, 2018: 18. A twenty-five foot (25 ) wide buffer area shall be provided along the rear lot line of all residential lots located along the perimeter of the Property, substantially as depicted on the Site plan. No buildings or structures, except fences, No building or structure other than fences, pools and those buildings or structures that do not have a permanent foundation, shall be permitted within the 25 buffer. A detailed Master Landscape Plan that addresses the 25 buffer area (and other common areas located on the Property) shall be submitted for approval by the City in conjunction with the initial preliminary subdivision plan submitted with respect to the Property. Any fence constructed on a residential lot abutting the Scenic Parkway right-of-way shall be constructed using vinyl material. A fencing detail plan shall be submitted to the Department of Planning for approval during final site plan review. E. PLN-REZ Perry Street APPLICANT: F & W Builders, Inc. OWNER: F & W Builders, Inc. PROPOSAL: A zoning reclassification of approximately acre parcel from B-2, General Business District, to R-8, Residential District. PROPOSED COMP LAND USE / DENSITY: Medium- Density Residential with dwelling units per acre EXISTING COMP LAND USE / DENSITY: Urban Mixed Use LOCATION: 1329 Perry Street TAX MAP SECTION/PARCELS: BOROUGH: South Norfolk The Planning Commission recommends approval with the following proffers: 1. The applicant/owner shall construct one (1) dwelling unit on the property subject to this rezoning as shown on the rezoning exhibit dated May 4, 2018, by Causeway Consultants, P.C. 12

13 2. The applicant/owner shall construct a two story single-family detached dwelling unit on a raised slab in substantial conformance with the building plans dated May 2, 2018, by Barnes Residential Design. F. PLN-REZ Gray s Pointe APPLICANT: Coastal Virginia Developers, LLC PROPOSAL: A conditional zoning reclassification of approximately acres from A-1, Agricultural District (19.46 acres) and R-15s, Residential District (3.05 acres) to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential/ approximately 2.3 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential/ less than 4 dwelling units per acre LOCATION: 4905, 5116 and 5117 Charlton Drive TAX MAP SECTION/PARCEL: , and BOROUGH: Western Branch The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that the properties subject to this rezoning shall be subdivided into no more than fifty-one (51) single family lots. 2. The applicant/owners shall, at their own cost and expense, extend the existing 60 foot right-of-way at the terminus of Willow Lake Drive eastward to connect with the existing 60 foot right-of-way terminus on David s Mill Drive. Said right-of-way extension shall be subject to the review and approval of the Director of Development and Permits or designee and shall be recorded by plat in the office of the Clerk of the Court with the initial subdivision plat for this development. The applicant/owners shall construct said right-of-way extension prior to recordation of the 26th lot in the development subject to this rezoning. G. PLN-USESW Hampton Roads Material Recovery Facility APPLICANT: Waste Management of Virginia, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a solid waste management facility providing resource recovery, including requests for setback reductions. ZONE: M-1, Light Industrial District LOCATION: 3016 Yadkin Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Remanded back to the Planning Commission at the May 15, 2018 City Council meeting.) The Planning Commission recommends denial. The applicant submitted a request to withdraw the application on June 28, H. PLN-USE Banfield Pet Hospital APPLICANT: Medical Management International, Inc. OWNER: Great Bridge Retail, LLC AGENCY: Blue Frog Construction, LLC PROPOSAL: A conditional use permit to allow the operation of a veterinary facility within the Great Bridge Shopping Center. ZONE: B-1, Neighborhood Business District LOCATION: 237 S Battlefield Blvd, Unit 12 TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommends approval with the reduced setback from 200 feet to 150 feet from a residentially zoned property and the following stipulations: 1. The applicant/owner agrees to install a minimum of three (3) stripe crosswalks, two (2) pet waste stations, and allocate a minimum of three (3) reserved parking spaces for the proposed use as shown on the revised Site 13

14 Plan, dated May 4, The proposed use shall not utilize the travel lanes in front of the subject site as a loading and drop-off zone. 3. The applicant/owner agrees to install a double wall for sound insulation. Similar soundproofing techniques may be utilized with the approval of the Director of Development and Permits or designee. 4. The applicant/owner agrees to clean and properly dispose of any remaining pet waste near or at the veterinary facility, pet waste stations, and pet relief area at the end of each business day. 5. The applicant/owner agrees that no animals being serviced by the veterinary facility shall remain on site outside of operating hours. 6. The applicant/owner shall install a backflow preventer on all water systems, subject to the review and approval of the Director of Public Utilities or designee, prior to the issuance of a Certificate of Occupancy. I. PLN-USE Mount Pleasant Christian School Addition and Parking APPLICANT: Mount Pleasant Mennonite Church AGENT: Site Improvement Associates, Inc. PROPOSAL: A conditional use permit to allow a 41,000 square foot expansion of an existing school and associated parking on a acre parcel. ZONE: R-15s, Residential District and A-1, Agricultural District LOCATION: 1613 Mount Pleasant Road TAX MAP SECTION/PARCEL: BOROUGH: Butts Road The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner shall submit a Traffic Impact Analysis (study) acceptable to City Traffic Engineering for its review according to the following schedule: (1) study for phase 1 shall be submitted within 120 days of Council approval of this use permit, and (2) study for each subsequent phase of the school expansion contemplated by this application and shown on a site plan submitted for approval shall be submitted at least 120 days prior to approval of the corresponding final site plan. Each submitted study shall include traffic light and turn lane analysis and identify if traffic associated with any phase of the expansion warrants the installation of a traffic signal, turn lane, or other road improvement at Mount Pleasant Road and/or Elmhurst Avenue. 2. In the event that such study warrants a road improvement, as determined by the Director of Development and Permits or designee, such improvement shall be constructed at applicant s/owner s sole cost before the issuance of a certificate of occupancy for the phase of the school expansion that warrants such improvement. The design and installation of any such road improvement shall be subject to the review and approval of the Director of Development and Permits. J. PLN-TXT An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 20, Sections , and thereof, to clarify the Zoning Administrators authority to issue stop work orders requiring immediate compliance with the Zoning Ordinance. 14

15 The Planning Commission recommends approval with version dated April 17, DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS B. CONSENT AGENDA (1) REFUNDS A. Mary H. Harrison $5, City Clerk Item: B. Kenneth L. & Olivia L. Gardell $3, C. Marty A. & Rozetta Marica Silver $2, D. Christopher Jusino & Jeannette Torres $2, UNFINISHED BUSINESS 8. NEW BUSINESS 9. CLOSED SESSION 10. ADJOURNMENT 15