R(C) Cala de Marea. Docket Item "B" CITY COUNCIL PACKAGE FOR MARCH 19, 2013

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1 Docket Item "B" CITY COUNCIL PACKAGE FOR MARCH 19, 2013 R(C) Cala de Marea Page 1 2 Application Summary 3 6 Planning Commission Minutes 7 10 Proffer Statement 11 Rezoning Exhibit Staff Report: February 7, Fiscal Impact Analysis 31 Site Plan 32 Aerial 33 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 R(C) Cala de Marea LOCATION: PROPOSAL: 2205 Cedar Road A conditional zoning reclassification of acres from A-1, Agricultural District, to acres of R-12s, Residential District, and 3.35 acres of A-1, Agricultural District, to allow for forty-two residential houses. SUBMITTED: ACKNOWLEDGED BY COUNCIL: STAFF RECOMMENDATION Approval with proffers HEARING DATE: PLANNING COMMISSION RECOMMENDATION: APPROVAL with proffers VOTE: 5-1 ATTACHMENTS Minutes, Proffer Statement, Rezoning Exhibit, Staff Report, Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit

3 2 APPLICATION SUMMARY R(C) Cala de Marea APPLICANT/OWNER: Princess Anne Builders, Inc. Attn: Sidney Wood, President 1524 Mt. Pleasant Road Chesapeake, VA Shareholders: Sidney Allen Wood, President Robert G. Dumar AGENCY: Engineering Services, Inc. Attn: Mr. Walton P. Burkhimer, Jr., PE 3351 Stoneshore Road Virginia Beach, VA

4 Chesapeake Planning Commission DRAFT February 13, 2013 Public Hearing Minutes 3 R(C) PROJECT: Cala de Marea APPLICANT: Princess Anne Builders, Inc. AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of acres from A-1, Agricultural District, to acres of R-12s, Residential District, and 3.35 acres of A-1, Agricultural District, to allow for forty-two residential houses. PROPOSED COMP LAND USE / DENSITY: Low-density residential EXISTING COMP LAND USE / DENSITY: Low-density residential LOCATION: 2205 Cedar Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (5-1; Van Laethem/Perry, Hutchinson opposed, Bell, Papasodora-Cochrane, and Small excused) 1. 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 $ 4,000 per residential dwelling 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 into 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 cash contribution shall be allocated as follows: Schools, $1,591; Transportation, $1,454; Libraries, $570; Emergency Services, $ The applicant/owner agrees that the maximum number of lots created from the subject property, not counting the cellular tower site, shall be The applicant/owner agrees that all dwellings constructed on the subject property shall have their living areas either on crawl spaces or on raised slabs where the minimum vertical difference between the interior finished floor elevation and the outside ground elevation adjacent to the dwelling is 16.

5 4 Chesapeake Planning Commission DRAFT February 13, 2013 Public Hearing Minutes 4. The applicant/owner agrees that all dwellings shall have living area (excluding garages, porches and other areas not fully heated and airconditioned) not less than 2,000 square feet for one-story dwellings and not less than 2,300 square feet for two-story dwellings. 5. The applicant/owner agrees that all dwellings shall comply with the following standards for exterior finish materials: a. Vinyl siding, if used, shall be of a premium thickness, not less than b. All units shall include some brick or stone in their exterior walls. Acceptable compliance with this requirement may include either (1) a brick skirt, where brick or stone is the exterior finish from the top of the foundation up to the finish floor elevation or up 32, whichever is less; or (2) finishing at least 50% of the area of front elevation of the dwelling with brick or stone. In either case above, brick or stone shall be actual, laid-up masonry units; simulated brick or stone panels, etc. are not allowed. 6. The applicant/owner shall have a Qualified Environmental Professional (QEP) remove the Underground Storage Tank (UST) located at 2209 Cedar Road (TMN ) known as the Marsh Creek residential subdivision development in accordance with the Virginia Department of Environmental Quality s ( VADEQ ) Storage Tank Program Technical Manual (Guidance Document # ). A tank closure report shall be completed and provided to the Department of Public Works for review and approval prior to any land disturbing activities. 7. The applicant/owners agrees to convey that narrow portion of land between Artisan Way and tax parcel to tax parcel as generally shown on the Rezoning Exhibit dated December 10, Such conveyance shall occur with the recordation of the initial subdivision plat for Phase 1 of this development. If, in the sole determination of the applicant/owners, difficulties with said conveyance arise, the applicant/owners shall dedicate an ingress/egress easement over said narrow portion of land, encompassing the existing driveway connecting tax parcel to Artisan Way.

6 Chesapeake Planning Commission DRAFT February 13, 2013 Public Hearing Minutes 5 8. The applicant/owner agrees to maintain the existing tree line along its northern boundary to serve as a visual screen between its improvements and the adjacent Marsh Creek subdivision. The removal of mature trees in this area shall be limited to those identified by the City Arborist as diseased or dying, or those identified by the Department of Development and Permits as needing to be removed to enable applicant/owner to provide proper storm drainage service to the rear portions of lots in the adjacent Marsh Creek subdivision. 9. The applicant/owner agrees that, within 60 days after approval by City Council of this application for rezoning, the existing communication tower access road shall be relocated so as to lie entirely within the A-1 Agricultural District. The applicant/owner further agrees that, when the public street associated with the proposed subdivision on the subject property has been completed and dedicated to the City of Chesapeake, he shall connect said access road to said new public street so that the access road no longer ties directly to Cedar Road. Mrs. Hanson read R(C) into the record for Commission review and action. Staff Presentation: Mr. Swets stated that based on sound planning practices, Planning staff recommended R(C) be APPROVED with the proffers as listed in the official agenda. Proponent: William Sullivan, 931 Artisan Avenue, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing Marsh Creek. Don Dickerson, 927 Long Beeches Avenue, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Kathy Cotterell, 609 Great Heron Court, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Walton P. Pete Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Opponent: Steven Waltner, 903 Sandown Crest, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. Bruce Pickinpaugh, 1021 Artisan Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself.

7 6 Chesapeake Planning Commission DRAFT February 13, 2013 Public Hearing Minutes Jacqueline Roundeau, 2219 Averill Drive, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing herself. Rene Kettrell, 2207 Lanphier Circle, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing Marsh Creek. Christopher W. Bruce-Ross, 1012 Artisan Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. Those who spoke in opposition felt this application was the same application that Council previously voted down on September 18, They wondered why it was being brought back up before the Commission before the one year required waiting period. They stated this area had flooding issues and had only one entrance in and out with no emergency exit. Traffic and safety issues were mentioned and they felt this was the wrong project for this piece of land. COMMISSION DISCUSSION: Mr. Kish stated that several of the speakers raised the question about the one year wait between an application and the resubmittal of an application and asked the attorney if this was a legitimate application to be put in at this time. Mr. Hartwick stated that this application could move forward because this was a totally different rezoning classification stating that there were different layouts with different dimensions of the homes and different numbers of lots with different sizes of homes as well as the prior zoning classification was not heard by City Council previously. The City Attorney s office felt that this was a substantial enough difference so this application could move forward. Mr. Kish stated several speakers had raised the question about cell towers and the cell tower ordinance and wondered if staff had looked into this and what the legality was of the location of this development relative to the cell phone tower. Mrs. Shaffer stated that cell tower ordinance related to the location of new towers coming to the City. She said that new towers could not be located within 200 feet of existing residential. In this case the subdivision was coming after the cell tower, if the application was approved. The cell phone tower ordinance was the citing for new towers not the citing for residential in proximity to existing towers. COMMISSION VOTE: Commissioner Van Laethem moved that R(C) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 5-1. Commissioner Hutchinson voted against the motion. Commissioners Small, Papasodora-Cochrane, and Bell were excused.

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34 33 Cala de Marea R(C) APPLICANT: Princess Anne Builders, Inc. AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of acres from A-1, Agricultural District, to acres of R-12s, Residential District, and 3.35 acres of A-1, Agricultural District, to allow for forty-two residential houses. PROPOSED COMP LAND USE / DENSITY: Low-density residential EXISTING COMP LAND USE / DENSITY: Low-density residential LOCATION: 2205 Cedar Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek