A Regular Work Session of the Chesapeake City Council was held August 21, 2018 at 4:30 p.m., in the City Hall Building, 306 Cedar Road.

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1 City Council Work Session A Regular Work Session of the Chesapeake City Council was held August 21, 2018 at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member R. Stephen Best, Sr. Vice Mayor John de Triquet Council Member Matthew R. Matt Hamel Council Member Robert C. Ike, Jr. Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Susan R. Vitale Council Member Ella P. Ward Mayor Richard W. Rick West None Present from Administration: City Attorney Jacob Stroman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Laura A. Fitzpatrick, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Planning Director Jaleh Shea, Administrative Assistant III Nicole Benson and other staff members. Others present: Principal Planner John Harbin, Director of State and Local Government Affairs Dustin Rinehart The following topics were discussed during the Work Session: 1. Upcoming Agenda Items 2. Port of Virginia Update 3. I-64 High Rise Bridge Widening Project The Work Session adjourned at 5:48 p.m. /cls

2 Regular City Council Meeting A Regular Meeting of the Chesapeake City Council was called to order by Mayor Richard W. Rick West on at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Dwight M. Parker PLEDGE OF ALLEGIANCE: American Heritage Girls Troop VA6103 ROLL CALL BY CLERK OF COUNCIL: Present: Council Member R. Stephen Best, Sr. Vice Mayor John de Triquet Council Member Matthew R. Matt Hamel Council Member Robert C. Ike, Jr. Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Susan R. Vitale Council Member Ella P. Ward Absent: Mayor Richard W. Rick West excused at 8:55 p.m. None Present from the Administration: City Attorney Jacob Stroman, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Laura Fitzpatrick, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Planning Director Jaleh Shea and other staff members. Mayor West relinquished the gavel to Vice Mayor de Triquet. SPECIAL PRESENTATION 2018 American Red Cross Mayor s Cup Blood Drive Vice Mayor de Triquet called American Red Cross Account Manager Diane Kyrus forward for the Special Presentation. Ms. Kyrus offered comments of appreciation and thanked the City employees for their support. Mayor West accepted the Mayor s Cup trophy and offered comments of gratitude to the City employees for their contributions. APPROVAL OF MINUTES Vice Mayor de Triquet stated there were no minutes submitted for approval. APPLICANTS, AGENTS, and CITIZENS COMMENTS ON PLANNING PUBLIC HEARING ITEMS City Clerk Madison identified the following speaker prior to the presentation of the Planning Public Hearing Items: David Schleeper, 403 Sawblade Circle, spoke in opposition to Public Hearing Item (A). COUNCIL S CONSIDERATION OF THE PLANNING PUBLIC HEARING ITEMS A. #18-O-071 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 than 10 du/acre and Conservation

3 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 recommended 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. 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 2

4 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 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. 3

5 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. 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 4

6 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 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 property zoned C-2 conservation-recreation unless and until the property is conveyed to the City of Chesapeake. 5

7 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 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 100th 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 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 6

8 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 150th 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 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. 7

9 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 100th 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 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 ). City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. 8

10 City Clerk Madison identified the following speakers in support of Public Hearing Item (A): Grady Palmer, 999 Waterside Drive, Ste. 1700, Norfolk, representing Shillelagh Commons, LLC. John Bishard, 196 Willow Drive, Virginia Beach, representing Shillelagh Commons, LLC. Michael Bailey, 133 Tranquility Trace, representing self. Paul Pearce, 1044 Shillelagh Road, representing neighbors. Michael Collins, 1457 Shillelagh Road, representing self. Ottis Spruill, 929 Shillelagh Road, representing self. Melissa Venable, 5857 Harbour View Boulevard, Suite 202, Suffolk, representing Shillelagh Commons, LLC. John Teeuwen, Vincek Way, representing self. Scott Berry, 600 Grassfield Parkway, representing Chick-fil-A Restaurant. City Clerk Madison identified the following speakers in opposition to Public Hearing Items (A) and (B): Ken Jones, 455 East Blake Circle, representing self. Karen Hammerquist, 1204 Roble Court, representing self. Serena Post de Mallie, 721 Greenfield Lane, representing self. Christina Teeuwen, 946 Shillelagh Road, representing self. Jo Anne Gallant, 714 Creewood Drive, representing self. Brenda Gibson, 183 Driftwood Drive, representing self. Heather Harris, representing self, was not present when called. Vic Nicholls, 1124 Mill Lake Quarter, representing self. Deborah Corbett, 1400 West Road, representing self. Carol Cooke, 1344 Oak Ridge Drive, representing self. Council Member Ike, on a motion seconded by Mayor West, moved approval of PLN-REZ , with revised proffers dated June 27, 2018, as presented. Council Members Ike, Vitale and West offered comments in support of the motion. Vice Mayor de Triquet, as requested by Council Member Parker, asked Mr. Palmer to return to the podium for questions. Director of Development and Permits Jay Tate was called to the podium for questions by Vice Mayor de Triquet. Council Member Ritter spoke in opposition to the motion. There was no additional discussion. On the motion to approve PLN-REZ , with revised proffers dated June 27, 2018, as presented, voting yes: Council Members Best, Hamel, Ike, Parker, Vitale, Ward and West. Voting no: Council Members de Triquet and Ritter 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 9

11 The Planning Commission recommended approval with the following stipulation: 1. The height of the buildings shall not exceed fifty-seven (57) feet. City Clerk Madison presented the item and stated the applicant had submitted a request to withdraw the application. Vice Mayor de Triquet requested Mr. Palmer to the podium for questions. Council Member Parker, on a motion seconded by Council Member Ike, moved approval of the request to withdraw PLN-USE from consideration. There was no discussion. On the motion to approve the request to withdraw PLN-USE from consideration, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Voting no: None Vice Mayor de Triquet relinquished the gavel back to Mayor West. 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 recommended 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 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. 10

12 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. City Clerk Madison presented the item and stated additional stipulations dated June 26, 2018 had been submitted. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speaker in support of Public Hearing Item (C): Melvin Aulston, Jr., 2117 Cherryhill Lane, representing MB Motorsports. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (C): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Ritter, on a motion seconded by Council Member Parker, moved approval of PLN-USE , with additional stipulations dated June 26, 2018, as presented. Mr. Aulston, as requested by Mayor West, returned to the podlium and answered questions from Council Members Parker and Ritter. There was no additional discussion. On the motion to approve PLN-USE , with additional stipulations dated June 26, 2018, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Voting no: None D. #18-O-073 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 11

13 Painted Lady Place, Bellflower Way, Angel Wing Drive, Wood Nymphh Lane, Matilda Court, and Checkerspot Way. TAX MAP SECTION/PARCELS: portions of , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , The 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. City Clerk Madison presented the item and stated the applicant was present and available for questions. Planning Director Shea presented the staff recommendation. 12

14 City Clerk Madison identified the following speaker in opposition to Public Hearing Item (D): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Mayor West recognized the applicant who requested to approach the podium to address the speaker s comments. Council Member Ike, on a motion seconded by Council Member Ward, moved approval of the modification of Proffer 18 for R(C)-12-21, as presented. Brief discussion ensued between Council Member Ritter and City Attorney Stroman regarding the enforcement of the zoning ordinance for swimming pools. There was no additional discussion. On the motion to approve the modification of Proffer 18 for R(C)-12-21, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Voting no: None E. #18-O-072 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 recommended 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. 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. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (E): Chris Falk, 205 South Battlefield Boulevard, Suite 100, representing F & W Builders, Inc. Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Ward, on a motion seconded by Council Member Best, moved approval of PLN-REZ , with proffers, as presented. There was no discussion. On the motion to approve PLN-REZ , with proffers, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale, Ward and West. Voting no: None 13

15 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 recommended 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. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (F): Pete Burkhimer, 448 Viking Drive, Suite 170, Virginia Beach, representing Coastal Virginia Developers, LLC. Eric Nutt, 4713 Brian s Way, representing self. Brittney Willis, 508 Margaret Drive, representing Coastal Virginia Developers, LLC. Bill Blankenship, 321 Great Bridge Boulevard, representing self. City Clerk Madison identified the following speakers in opposition to Public Hearing Item (F): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Kevin Jurnigan, 5520 Willow Lake Road, representing family and neighborhood. Council Member Ike, on a motion seconded by Council Member Parker, moved approval of PLN-REZ , with proffers, as presented. Mayor West and Council Member Ward offered comments in support of the motion. There was no additional discussion. On the motion to approve PLN-REZ , with proffers, as presented, voting yes: Council Members Ike, Parker, Ward and West. Voting no: Council Members Best, de Triquet, Hamel, Ritter and Vitale The motion to approve failed. Mayor West relinquished the gavel to Vice Mayor de Triquet and was excused from the meeting. 14

16 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 recommended denial. City Clerk Madison presented the item and stated the applicant submitted a request to withdraw the application on June 28, Planning Director Shea presented the staff recommendation. Vice Mayor de Triquet requested Grady Palmer to approach the podium. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (G): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the request to withdraw PLN-USESW from consideration. There was no discussion. On the motion to approve the request to withdraw PLN-USESW from consideration, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) 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 recommended 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 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. 15

17 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. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (H): Dr. Brian Enger, 5631 Buck Hunt Lane, New Kent, VA, representing Banfield Pet Hospital. Shawn Rainey, 3011 Sutton Gate Drive, #120, Suwanee, GA, representing Banfield Pet Hospital. David Machupa, 4731 Tanager Crossing, representing self. Andy Keeney, 150 West Main Street, Norfolk, representing Medical Management International, Inc. Teresa Peters, 904 Lincoln Trail, representing Great Bridge Shopping Center. Brett Williams, SE 6 th Way, Vancouver, WA, representing Banfield Pet Hospital. Kevin O Keefe, 1142 G Ivystone Square, representing self. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (H): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Parker, on a motion seconded by Council Member Vitale, moved approval of PLN-USE , with the reduced setback from 200 feet to 150 feet from a residentially zoned property and stipulations, as presented. There was no discussion. On the motion to approve PLN-USE , with the reduced setback from 200 feet to 150 feet from a residentially zoned property and stipulations, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) 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 recommended 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 16

18 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. City Clerk Madison presented the item and advised the agent was present and available for questions. Planning Director Shea presented the staff recommendation. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of PLN-USE , with stipulations, as presented. There was no discussion. On the motion to approve PLN-USE , with stipulations, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) 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. The Planning Commission recommended approval with version dated April 17, City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (J): Jennifer Barnes, 1319 Head of River Road, representing the citizens and the Chesapeake Small Farmer Coalition. Vice Mayor de Triquet, on a message conveyed by Mayor West, recommended Council review the item at a future work session; therefore, a continuance to the September 18, 2018 City Council meeting would be necessary. Council Member Ward, on a motion seconded by Council Member Ike, moved to continue PLN-TXT to the September 18, 2018 City Council meeting. Council Member Ritter requested a staff report concerning the enforcement of violation notices by the Zoning Administrator. There was no additional discussion. On the motion to continue PLN-TXT to the September 18, 2018 City Council meeting, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) 17

19 K. #18-O-074 PLN-REZ Johnstown Estates APPLICANT: Johnstown, LLC OWNER: Johnstown, LLC AGENCY: Williams Mullen PROPOSAL: A zoning reclassification of approximately 5.06 acres from A-1, Agricultural District, to R- 10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low-Density Residential with 2.57 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low-Density Residential with less than 4 dwelling units per acre LOCATION: 1318 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that the property subject to the rezoning shall result in no more than fifteen (15) residential lots to include the property reserved for Waters Road Extended as provided for in Proffer The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property 120 feet in width that is generally depicted as Waters Road Extended on the City s current 2050 Master Transportation Plan for the ultimate construction of a realignment of Waters Road. Such reservation shall be shown and recorded on the subdivision plat for the development of the subject property. The applicant/owner agrees that the reservation area may be acquired by the City at a pre-zoning value and that the subdivision plat shall contain verbiage affirming the same. In addition, the reservation shall expire in the event that: (1) Waters Road Extended is removed from the 2050 Master Transportation Plan or subsequent plan by vote of City Council; or (2) it is determined in writing by the City Manager or designee that Waters Road Extended will not be constructed at the location of such reservation. Upon the completion of either of the two conditions mentioned above, the owner/applicant shall prepare, execute and record a release of reservation deed in a form approved by the City Attorney for the above mentioned reservation. a. Furthermore, the applicant/owner shall own and maintain the reservation area until such time as the City may acquire it and no dwellings or structures shall be constructed within the reservation area unless the reservation expires, as provided in the paragraph above. b. At the time the subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation in a form approved by the City Attorney and shall also note the reservation on the subdivision plat. 3. The conceptual master plan submitted by WPL Site Design ( the Exhibit ), revised May 31, 2018, 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 18

20 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. Unless otherwise indicated in this proffer statement, the public improvements depicted on this site are not being proffered. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. Without objection, Vice Mayor de Triquet stated the zoning reclassification applications for Public Hearing Items (K) and (L) would be considered concurrently. City Clerk Madison identified the following speaker in support of Public Hearing Items (K) and (L): Grady Palmer, 999 Waterside Drive, Suite 1700, Norfolk, representing the applicant. City Clerk Madison identified the following speaker in opposition to Public Hearing Items (K) and (L): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Best, on a motion seconded by Council Member Ike, moved approval of PLN-REZ , with proffers, as presented. Council Member Ritter offered comments on the merits of the application. There was no additional discussion. On the motion to approve PLN-REZ , with proffers, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Vitale and Ward. Voting no: Council Member Ritter (Mayor West excused) L. #18-O-075 PLN-REZ Sandstone Quay APPLICANT: Jamieann, Inc. OWNERS: Dennis and Maria Greenside AGENCY: Williams Mullen PROPOSAL: A zoning reclassification of approximately 5 acres from A-1, Agricultural District, to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low- Density Residential with 2.2 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low-Density Residential with less than 4 dwelling units per acre LOCATION: 1308 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property 120 feet in width that is generally depicted as Waters Road Extended on the City s current 2050 Master Transportation Plan for the ultimate construction of a realignment of Waters Road. Such reservation shall be shown and recorded on the subdivision plat for the development of the subject property. The owner/applicant agrees that the reservation area may be acquired by the City at the pre-zoning value and that the subdivision plat shall contain verbiage affirming the same. In addition, the reservation shall expire in the event that: (1) Waters Road Extended is removed from the 2050 Master Transportation Plan or subsequent plan by vote of City Council; or (2) it is determined in writing by the City Manager or designee that Waters Road Extended will not be constructed at the location of such reservation. Upon the completion of either of the two conditions mentioned above, the owner/applicant shall 19

21 prepare, execute and record a release of reservation deed in a form approved by the City Attorney for the above mentioned reservation. a. Furthermore, the applicant/owner shall own and maintain the reservation area until such time as the City may acquire it and no dwellings or structures shall be constructed within the reservation area unless the reservation expires, as provided in the paragraph above. b. At the time the subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation in a form approved by the City Attorney and shall also note the reservation on the subdivision plat. 2. The conceptual master plan submitted by VHB ( the Exhibit ), revised May 31, 2018, 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. Unless otherwise indicated in this proffer statement, the public improvements depicted on this site plan are not being proffered. 3. The applicant/owner agrees that the property subject to the rezoning shall result in no more than thirteen (13) residential lots to include the property reserved for Waters Road Extended as provided for in Proffer A Qualified Environmental Professional (QEP) shall conduct an Underground Storage Tank (UST) closure on the subject property located at 1308 Waters Road known as the Greenside Property in accordance with the Virginia Department of Environmental Quality (DEQ) petroleum tank regulations and best management practices. A clean closure report shall be provided with a No Further Action Required (NFAR) letter from the Virginia Department of Environmental Quality (DEQ) confirming that the environmental condition of the subject property is appropriate for residential land use. If additional sampling/analysis, remediation and/or monitoring is required by DEQ, all documentation shall be coordinated with the Department of Public Works for review and approval. Once the tank closure report, Site Characterization Report (SCR), Corrective Action Plan (CAP), Initial Abatement Measures (IAM), and/or additional investigations are completed, a certification statement shall be provided signed by the QEP stating that environmental due diligence was performed in accordance with the applicable ASTM Standards, that all known information on environmental conditions has been disclosed, that the information presented to the City of Chesapeake is complete and truthful to the best of his/her knowledge, the report is intended to be used and relied upon 20

22 by the City of Chesapeake, the subject property is suitable for residential or public land use, and the subject property does not represent a significant risk to human health and the environment. Finally, the certification shall conclude whether petroleum vapor migration and intrusion hazards exist within the subject property. If petroleum vapor migration hazards do exist within the subject property, the QEP shall recommend remedial measures to mitigate vapor intrusion into any buildings proposed within the subject property. The tank closure report, Site Characterization Report (SCR), Corrective Action Plan (CAP), Initial Abatement Measures (IAM), and DEQ NFAR shall be submitted to the Department of Public Works for review and approval prior to approval of the land disturbing permit. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. Council Member Best, on a motion seconded by Council Member Ike, moved approval of PLN-REZ , with proffers, as presented. There was no discussion. On the motion to approve PLN-REZ , with proffers, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Vitale and Ward. Voting no: Council Member Ritter (Mayor West excused) M. PLN-USE The Pool Guyz APPLICANT: The Pool Guyz, Inc. OWNER: Macdonald Glennon, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to allow for an office/warehouse facility with outside storage; and a request for alternative parking surface. ZONE: A-1, Agricultural District LOCATION: 820 Bedford Street TAX MAP SECTION/PARCEL: BOROUGH: Butts Road The Planning Commission recommended approval with the alternative parking surface and the following stipulations: 1. The applicant/owner shall submit a final site construction plan to address plan requirements, including but not limited to a City Standard CG-11 commercial entrance which shall be submitted prior to initiation of this use and shall be subject to the review and approval of the Director of Development and Permits or designee. 2. The applicant/owner shall obtain approval from the Health Department and/or Department of Environmental Quality (DEQ) for the well and on-site sewage disposal system prior to the issuance of the Certificate of Occupancy. 3. The applicant/owner agrees to install and maintain a modified Buffer Yard F with a 2 foot berm in the front yard of the subject property. Said Buffer Yard F shall include a minimum of three (3) large canopy trees and twenty-five (25) shrubs, in height at planting, per every 100 of linear feet. The buffer yard f shall be installed prior to the issuance of a Certificate of Occupancy and shall be subject to the review and approval of the City s Landscape Coordinator. 4. The applicant/owner agrees that the proposed outside storage area, as depicted on the site plan dated 4/13/18, shall be enclosed by an 6 foot opaque fence with the landscaping on the outside of the required fence, as required by Code. The fence and landscaping shall be installed prior to the issuance of a Certificate of Occupancy and shall be subject to the review and approval of the City s Zoning Administrator. 21

23 5. The applicant/owner agrees that the proposed building facility shall be developed in accordance with Section of the Zoning Ordinance, including but not limited to, requiring sound attenuation (acoustical engineer certification required), enhanced buffering (fencing around the outdoor storage area), and lighting. 6. The applicant/owner agrees that the use will meet the following requirements of the U.S. Navy for the duration of the use: a. Only office space maintained in connection with the allowed use of warehousing will be permitted. b. No retail sales will be conducted except as an auxiliary function of on-site enterprises permitted. c. No storage, distribution or handling of explosives, petrochemicals or petroleum-related products will be allowed at the facility. d. Nothing on the property will exceed the height restriction of the Grant of Easement from the Department of the Navy. e. No unidentified use shall violate of any other Grant of Easement restrictions. 7. The applicant/owner shall obtain Fire Department approval of firefighting and fire protection systems prior to issuance of a certificate of occupancy. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speaker in support of Public Hearing Item (M): Grady Palmer, 999 Waterside Drive, Suite 1700, Norfolk, representing The Pool Guyz, Inc. City Clerk Madison identified the following speaker on Public Hearing Item (M): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Vitale, on a motion seconded by Council Member Ward, moved approval of PLN-USE , with the alternative parking surface and stipulations, as presented. There was no discussion. On the motion to approve PLN-USE , with the alternative parking surface and stipulations, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) N. PLN-USE Great Things Christian Childcare Center APPLICANT: Great Things Christian Childcare Center PROPOSAL: A conditional use permit to allow a child care center in two units totaling approximately 2,800 square feet within a shopping center on a 0.43 acre parcel. ZONE: B-2, General Business District LOCATION: 1069 George Washington Highway, Units C & D TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (This item was approved for concurrent advertising at the July 24, 2018 City Council meeting.) The Planning Commission recommended approval with the following stipulations: 1. The proposed child care facility shall comply with the licensing requirements of the Virginia Department of Social Services prior to initiating this conditional use. 22

24 2. The applicant/owner shall submit a site plan depicting the outdoor play area, parking, landscaping, fencing and any proposed dumpster and associated dumpster screening to the Director of Development and Permits. Said site plan shall be subject to the review and approval of the Director of Development and Permits or designee. The site plan must be approved prior to issuance of a Certificate of Occupancy. 3. The applicant/owner shall install a backflow preventer on all water systems before any takeoffs are made and in accordance with the manufacturer's recommendations, the International Plumbing Code requirements, and the Department of Public Utilities policy. The backflow preventer is to be installed, tested by a Department of Professional and Occupational Regulations (DPOR) certified technician, and documentation received and approved by Public Utilities prior to issuance of a Certificate of Occupancy. 4. The applicant shall meet with the City s Landscape Coordinator on site in order to determine the landscape requirements along George Washington Highway, as required by Zoning Ordinance Section et seq. At a minimum, the landscape buffer along George Washington Highway shall consist of 5 large canopy trees and 35 shrubs, and shall be subject to the review and approval of the City s Landscape Coordinator. All required landscaping shall be installed within 90 days of City Council approval of this conditional use permit. 5. The applicant/owner shall construct a six (6) foot wood or vinyl opaque fence around the entire perimeter of the outdoor play area, as depicted on the site plan referenced in stipulation #2 above. The applicant/owner shall apply for and acquire a fence permit from the Department of Development and Permits and install the fence prior to issuance of a Certificate Occupancy. City Clerk Madison presented the item and stated the applicant was present and available for questions. Planning Director Shea presented the staff recommendation. Vice Mayor de Triquet recognized Council Member Ike who read the following Statement of Abstention: I wish to abstain from the vote on Public Hearing Item (N), Great Things Christian Childcare Center, because I have an existing business relationship with the applicant. While this does not pose a legal conflict, I wish to avoid the appearance of impropriety. The City Attorney s Office has confirmed that my abstention is consistent with the objectives of the Conflict of Interests Act. City Clerk Madison identified the following speaker on Public Hearing Item (N): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Vice Mayor de Triquet asked Planning Director Shea to address the comments from Ms. Nicholls. Council Member Ward, on a motion seconded by Council Member Best, moved approval of PLN-USE , with stipulations, as presented. There was no discussion. On the motion to approve PLN-USE , with stipulations, as presented, voting yes: Council Members Best, de Triquet, Hamel, Parker, Ritter, Vitale and Ward. Voting no: None (Council Member Ike abstained) (Mayor West excused) 23

25 CONSENT AGENDA City Clerk Madison read the Consent Agenda into the record. City Clerk Item: (1) REFUNDS A. Crystal Y. Lewis - $3, B. George W. and Lynn Valos - $9, Vice Mayor de Triquet asked if there were any items City Council Members wished to have removed from the Consent Agenda for consideration under the Regular Agenda. There were none. Council Member Ike, on a motion seconded by Council Member Parker, moved approval of the Consent Agenda, as presented. There was no discussion. On the motion to approve the Consent Agenda, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) REGULAR AGENDA City Clerk Madison read City Clerk Item (2) into the record. (2) UP EXCEL PAVING USE PERMIT EXTENSION REQUEST City Council approved UP Excel Paving (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) with the following stipulations on September 15, 2015 (9-0) (Expires September 15, 2018) 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 agree 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 24

26 new certificate of 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, toscale 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. City Clerk Madison identified the following speaker on City Clerk Item (2): Vic Nicholls, 1124 Mill Lake Quarter, representing self. Council Member Ike, on a motion seconded by Council Member Ward, moved approval of the request for a one-year extension of the conditional use permit for UP-15-34, as presented. There was no discussion. On the motion to approve the request for a one-year extension of the conditional use permit for UP-15-34, as presented, voting yes: Council Members Best, de Triquet, Hamel, Ike, Parker, Ritter, Vitale and Ward. Voting no: None (Mayor West excused) UNFINISHED BUSINESS Vice Mayor de Triquet asked City Council Members for any Unfinished Business; there was none. NEW BUSINESS Vice Mayor de Triquet asked City Council Members for any New Business; there was none. CLOSED MEETING City Attorney Stroman provided the following language for a Closed Meeting to conduct a closed meeting to discuss or consider the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an 25

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