Chesapeake Planning Commission PUBLIC HEARING MINUTES November 9, 2016 CHESAPEAKE SCHOOL BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING - 7:00 P.M.

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1 PUBLIC HEARING MINUTES November 9, 2016 CHESAPEAKE SCHOOL BOARD ROOM OF THE SCHOOL ADMINISTRATION BUILDING - 7:00 P.M. Call to Order: Vice Chairman Morris called the Public Hearing of November 9, 2016, to order at 7:00 p.m. in the Chesapeake School Board Room of the School Administration Building. Pledge of Allegiance: Commissioner Kish led in the Pledge of Allegiance to the United States Flag. Invocation: Dr. Hutchinson offered the Invocation for the evening. Roll Call: Present Jason Morris, Vice Chairman Adam Perry, Secretary Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner Stephens Johnson, Commissioner John Kish, Commissioner John McCormick, Commissioner George Van Laethem, Commissioner Excused Marty Williams, Chairman Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Recording Secretary and Assistant Planning Director Timothy Howlett, Planning Administrator Rebecca Benz, Planning Administrator Mark Hobbs, Senior Planner Bill McKay, Senior Planner Jennifer Joseph, Office Specialist II City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Pat Milinazzo, Engineer III Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

2 Page 2 APPROVAL OF MINUTES: Vice Chairman Morris presented the October 12, 2016 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the October 12, 2016 Public Hearing were APPROVED by unanimous consent. ITEMS FOR CONTINUANCE OR WITHDRAWAL: 1. PLN-USE PROJECT: Discount Tire APPLICANT: Halle Properties, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a motor vehicle repair facility for the sale, installation and repair of vehicle tires, with setback reductions. ZONE: B-1, Neighborhood Business District ZONING MAP LOCATION: 1025 North Battlefield Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION ACTION: CONTINUED to the December 14, 2016 Public Hearing. (8-0; Kish/Van Laethem, Williams excused) Ms. Shea stated that the applicant requests that PLN-USE be CONTINUED to the December 20, 2016 Public Hearing and staff has no objections to the request. COMMISSION VOTE: Commissioner Kish moved that PLN-USE be CONTINUED to the December 14, 2016 Public Hearing as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused.

3 Page 3 PLN-TXT An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, Section 3-403; Article 6, Section ; Article 7, Sections and 7-513; Article 10, Section and ; Article 11, Section ; Article 12, Sections , , and ; Article 13, Sections and ; Article 14, Sections , , , , , , , , , and ; Article 16, Section ; Article 19, Section ; and Article 20, Section , to amend the provisions referencing signs to be in compliance with constitutional requirements and to amend other sections to update references to maintain consistency. PLANNING COMMISSION ACTION: CONTINUED to the January 17, 2017 Planning Commission: (8-0, Kish/Van Laethem, Williams excused). Ms. Shea stated that staff recommends that PLN-TXT be CONTINUED to the January 11, 2017 Public Hearing. COMMISSION VOTE: Commissioner Kish moved that PLN-TXT be CONTINUED to the December 14, 2016 Public Hearing as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused.

4 Page 4 CONSENT AGENDA: PLN-REZ PROJECT: Dozier Rezoning APPLICANT: Richard and William Dozier PROPOSAL: A zoning reclassification of 0.67 acres from B-1, Neighborhood Business District, to R-8s, Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential ZONING MAP LOCATION: Corner of Campostella Road and Lindale Drive TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be APPROVED. (8-0; Van Laethem/McCormick, Williams excused) Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the finding contained in the staff report, staff recommends that PLN-REZ be APPROVED. Proponent: William Dozier, 2341 Holly Point Road, Virginia Beach, Virginia, standby for questions. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-REZ be APPROVED as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused.

5 Page 5 PLN-USE PROJECT: Adams Digital Billboard APPLICANT: Adams Outdoor Advertising AGENT: LeClairRyan PROPOSAL: A conditional use permit to allow the conversion of one face of an existing outdoor advertising sign, located within 300 feet of a residence, to digital technology. ZONE: M-2, General Industrial District ZONING MAP LOCATION: 3125 Maulden Street. TAX MAP SECTION/PARCEL: BOROUGH: South Norfolk PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulation: (8-0; Van Laethem/McCormick, Williams excused) The applicant/owner shall vacate all interior property lines to create one development site prior to obtaining a sign permit for the requested alterations. The vacation of the interior lot lines shall be accomplished by recordation of a deed describing the lot lines to be eliminated and referencing the recorded plat or other recorded instrument which lawfully created the lot lines. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, staff recommends that PLN-USE be APPROVED with the stipulation as listed in the official agenda. Proponent: Brian Roeser, LeClair Ryan, 5547 E. Virginia Beach Blvd., Norfolk, Virginia, standby for questions. Steve Romine, Adams Outdoor Advertising, 999 Waterside Drive, Suite 200, Norfolk, Virginia, standby for questions. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-USE be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner

6 Page 6 McCormick seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused. PLN-USE PROJECT: Cedar Road 7-11 APPLICANT: Vertical Construction Management AGENCY: Blakeway Corporation PROPOSAL: A request to construct a fuel facility in conjunction with a permitted convenience store on a.844 acre site. ZONE: B-1, Neighborhood Business District ZONING MAP LOCATION: 1633 Cedar Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (8-0; Van Laethem/McCormick, Williams excused) 1. The applicant/owner agrees that the building and site will be constructed in accordance with the building elevations received by Planning date-stamped September 12, 2016, with the understanding that the exterior brick color shall be a red or brown tone. The applicant/owner also agrees that the aforementioned building elevations be submitted for the review and approval of the Planning Director, or their designee, prior to final site construction plan approval. 2. The applicant/owner agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as determined by the Planning Director, or their designee, prior to final site construction plan approval. The HVAC units shall require a separate permit from Development and Permits. 3. The applicant/owner agrees to install and maintain all landscape material shown on the site layout dated September 12, Such materials shall be approved by the Director of Development and Permits, or their designee, and installed prior to the issuance of a Certificate of Occupancy and activation of this conditional use. 4. There shall be no advertising on the proposed pump island canopy with the exception of a 3x3 foot identification sign on the north, south and west sides of the canopy. For purposes of this stipulation, advertising shall include the use of stripping on the proposed canopy.

7 Page 7 5. The applicant/owner agrees that only one monument sign shall be allowed on the subject site. 6. The applicant/owner agrees that no loudspeakers shall be permitted on the subject site, with the exception of the localized speakers at the individual gas pumps. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, staff recommends that PLN-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Steve Blevins, Blakeway Corp, 630 N Witchduck Road, Virginia Beach, Virginia, stand by for questions. Gary Franks, Blakeway Corporation, 630 N Witchduck Road, Virginia Beach, Virginia, stand by for questions. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused. 7. PLN-USE PROJECT: Triumph International Ministry APPLICANT: Triumph International Ministry PROPOSAL: A conditional use permit to operate a church in an existing building with an alternative parking surface and alternative parking location. ZONE: B-2, General Business LOCATION: 3206 Bainbridge Boulevard TAX MAP SECTION/PARCEL: , BOROUGH: South Norfolk PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulation: (8-0; Van Laethem/ McCormick, Williams excused)

8 Page 8 The applicant/owner agrees to install and maintain a Landscape Buffer F along the parking lot frontage with Bainbridge Boulevard as indicated on the preliminary site plan date received September 12, 2016 prior to the issuance of a Certificate of Occupancy for this use. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, staff recommends that PLN-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Reneal Phelps-Spruill, Triumph International Ministries, 3206 Bainbridge Blvd, Chesapeake, Virginia, stand by for questions. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-USE be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused. 8. PLN-USE PROJECT: Plan B Academy APPLICANT: Plan B Academy AGENCY: Saunders and Ojeda, PC PROPOSAL: A request to expand an existing conditional use permit (UP-15-07) for a private school by adding 15 students and utilizing an additional 1,092 square feet in the existing church facility. ZONE: R-15s, Residential District LOCATION: 4500 Peek Trail TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; Van Laethem/McCormick, Williams excused)

9 Page 9 1. The applicant/owner shall provide two (2) complete sets of architectural sealed and signed plans for review and approval prior to the issuance of a new zoning permit/certificate of occupancy for the preschool and child care center. 2. The private school s hours of operation shall be between 7:00 a.m. and 6:00 p.m., Monday to Friday. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, staff recommends that PLN-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Whitney Saunders, Saunders and Ojeda, 705 W. Washington Street, Suffolk, Virginia, stand by for questions. Wendy Fitch, Plan B Academy, 4500 Peek Trail, Chesapeake, Virginia, stand by for questions. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused.

10 Page 10 REGULAR AGENDA: PLN-REZ PROJECT: Pet Suites APPLICANT: Par 5 Development Group AGENT: Freeland and Kauffman, Inc. PROPOSAL: A conditional zoning reclassification of approximately 3.36 acres from B-2, General Business District, to M-1, Light Industrial District, for a pet care facility with kennels. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial ZONING MAP LOCATION: Southeast corner of the intersection of Taylor Road and Pughsville Road. TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following proffer: (8-0; Van Laethem/Ellis, Williams excused) The applicant/owner agrees that the property subject to this rezoning shall only be used as a Kennel (SIC 0752). Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on sound planning practices, planning staff recommended that PLN-REZ be APPROVED with the proffer. Proponent: Rich Smith, Par 5 Development Group, 2860 B NC 5 Hwy, Aberdeen, North Carolina. Par 5 Development Group is the purchaser of property, developer of the land, and building contractor for the proposed site. The project is a 19,600 square foot building that is very attractive. The company is a well-run organization. Their address for record is 2075 Juniper Lake Road, Westner, North Carolina. David Crow, Freeland and Kauffman Inc., 121 Amandas Autumn Lane, Taylors, South Carolina. David Crow gave more specifics about the property location and its current zoning for B-2, General Business District; however, with the proposed plan kennels are

11 Page 11 not allowed in B-2 and a rezoning to M-1, Light Industrial District is needed for the kennels. The facility is state of art providing boarding, daycare, and grooming for dogs and cats. They have several locations throughout the south. Vehicular access is limited to the access drive that serves the 7-Eleven. The proposed rezoning with the proffered use will generate less traffic than uses allowed by right under the existing zoning. The building will be no closer than 200 feet north of the neighboring townhouses, and the kennels will be further away, on the side of the building that faces Taylor Road. The existing fence along the south property line will meet the buffer requirements, and if improvements are needed, they will do so. COMMISSION DISCUSSION: Commissioner Van Laethem stated that the location is at a major entrance into the Western Branch area of Chesapeake and had a number of questions for the applicant. First, does the applicant fully understand this is a major entrance to community? Second, Commissioner Van Laethem asked the applicant to describe the fencing, is it one or a double fence that provides extra protection for the animals? Third, he asked the applicant to describe the location of signs and signage on the building. David Crow responded to questions. He stated that he understands that this is a major entrance to the community. Second, the interior fence is a chain length fence that is a barrier fence for the dogs, then there is a 4-5 ft. gap, then there is a decorative opaque fence outside of that area that will prevent people from seeing the chain length fence area and provides extra protection for the animals. A sign plan has not been developed, but believes that signage is allowed on both road frontages as well as on the building frontage. Rich Smith responded there could be a sign on each road: one near the entrance and one on the building. The outside fence is a six-foot decorative wood grain cedar fence and the chain length fences for dog runs are inside of that. Commissioner Van Laethem asked if the sign on the building will face the south and not Taylor Road and Mr. Smith replied yes. Commissioner Van Laethem understands that the applicant will be submitting two additional proffers between now and the council meeting. Mr. Smith replied that they will be providing 30% additional foliage above the landscape buffer requirement and the other proffer is wording that will discuss that the exhibit plan is not the final plan and the city have to approve the final plan through regular procedures. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-REZ be APPROVED with the proffer as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused.

12 Page 12 Vice Chairman Morris reported that Commissioner John McCormick has left chambers and abstained from the following vote regarding Cardinal Meadows. PLN-REZ PROJECT: Cardinal Meadows APPLICANT: Shepelle Watkins White Consulting & Law, PLLC AGENCY: Shepelle Watkins White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 27.8 acres from A-1, Agricultural District (19.8 acres), R-15s, Residential District (5 acres) and M-1, Light Industrial District (3 acres) to R-MF1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential/11.2 du/acre EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: Northeast corner of the intersection of Shillelagh Road and Ward Road, west of Cahoon Parkway. TAX MAP SECTION/PARCEL: , , , , , and BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following proffers: (7-0-1; Van Laethem/Johnson, Williams excused, McCormick abstained) 1. The applicant/owner agrees the total residential unit count shall not exceed 247 single-family attached condominium dwelling units. 2. 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 $3,000 per residential dwelling unit. The applicant/owner agrees to make the cash proffer 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 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 proffer shall be allocated as follows: Schools $848; Transportation $1,186; Libraries $576; Emergency Services $390.

13 Page On or before the sale of the first residential unit, the applicant/owner shall record private covenants and restrictions to create a Property Owner s Association, which shall maintain all common areas and enforce the following architectural proffers. The applicant/owner agrees that the following architectural proffers shall govern all new construction of singlefamily attached condominium dwelling units on the subject property. These provisions (a-f) shall be recorded in the Office of the Circuit Court as Deed Restrictions for all units resulting from this rezoning application. Said Deed Restrictions shall be subject to the review and approval of the Chesapeake Zoning Administrator for compliance with this Proffer Statement prior to recordation. These deed restrictions shall be recorded prior to issuance of the first residential building permit. a. Homes shall have a minimum square footage of heated living space of 1,600 square feet. b. Foundations shall be raised slab construction elevated at least 1 foot above final grade and shall be finished with either brick or parged concrete finishes. c. No more than three exterior materials shall be allowed on each structure, not including doors, windows, shutters, railings, columns and roof materials. d. Roofing materials shall be, at a minimum, dimensional, or architectural asphalt shingles with a weight of 250 pounds per square (100 square feet) or greater will be acceptable, with a minimum 25 year warranty. Standing seam, pre-finished metal roofs, painted galvanized metal roofs, composite slate and composite cedar roofs are allowed. e. Exposed roof vent stacks shall be located on the rear of the house for minimum visibility and shall be either painted black or another color matching the roof. Vented fireplace boxes are permitted provided, that they are constructed out of the same primary material as the house and the roof lines are consistent with the main house. f. Owner/applicant agrees the proposed project shall be developed in substantial conformance with the building elevations date-stamped 6/29/16 on file with the Planning Department. Said Architectural Plans shall be subject to the review and approval of the Planning Director or his designee prior to final construction plan approvals. 4. The applicant/owner agrees to provide for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway in accordance with the following:

14 Page 14 a. A warrant of need analysis may be conducted by the Director of Development and Permits, or designee, to determine whether the applicant/owner shall install the traffic signal. The warrant of need may be conducted at any time prior to the issuance of a certificate of occupancy for the 150 th residential unit on the property. b. The traffic signal design and installation shall be subject to the review and approval of the Director of Development and Permits and shall be installed within six (6) months of the date designated on a written notice to proceed issued by the Director of Development and Permits, or designee. c. The applicant/owner shall bond the approved traffic signal as provided for in Section of the Chesapeake City Code. d. In the event that the analysis does not warrant the installation of the traffic signal before the issuance of a certificate of occupancy for the 150th residential unit or if no warrant of need analysis has been conducted, the applicant/owner agrees to make a cash contribution of $20,000 to be paid before the issuance of a certificate of occupancy for the 150th residential unit. This payment shall represent the project s pro rata share of the cost of the traffic signal. Upon receiving such payment, the bond provided for in subparagraph c. above shall be released and the applicant/owner s obligations under subparagraph a. and b. above shall be extinguished. e. In the event that the applicant/owner is required to install the traffic signal, the applicant/owner, or its assign, shall be entitled to all other proffered pro rata payments for the installation of the traffic signal received by the City, including but not limited to R(C) and any other applicable rezoning or conditional use permit. However, the applicant/owner shall not receive an amount of pro rata payments in excess of the actual cost of the installation of the traffic signal, as determined by the City. 5. The conceptual site plan submitted by Parish Layne Design Group and date-stamped June 30, 2016 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

15 Page 15 regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously file conceptual site plan. Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on the findings listed in the staff report, planning staff recommended that PLN-REZ be DENIED. However, if Planning Commission decides to approve this rezoning, the proffers are available for consideration as listed in the official agenda. Proponent: Shepelle Watkins White, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia. The rezoning request will allow the construction of 247 townhomes condominium to include 2-3 story dwelling units with front and rear loading garages, courtyards, clubhouse, and walking trails compatible with the 2035 Comprehensive Plan requirements. Staff has recommended denial since the application is found inconsistent with regional mixed use designation. Regional is derived from region which is defined as a broad geographic area distinguished by similar features. Ms. Watkins White provided a handout of area with aerial view context of the where the land sits in relation to existing surrounding properties. She explained that the area is already regional mixed use. She believes the rezoning is consistent with TCOD and asked for the Commission s support and approval. Bill Blankenship, Atlantic Land and Development, LLC, 321 Great Bridge Boulevard, Chesapeake, Virginia, asked for support for the Cardinal Meadows application. He thanked the Commission for the extension so he could to address the staff issues regarding flooding. He explained the property s location and drainage plan. Ditches and pipes have been laid and will be designed to move water to the lake in the rear of the property. After taking in consideration views from staff and Council Members, he believes the application is presented in a timely manner considering the completion of the Veterans Bridge construction project. Barry Cross, President of Ashdon Builders, Inc., 321 Great Bridge Boulevard, Chesapeake, Virginia. Mr. Cross has been building in the community for 35 years. He advised the Commission of the number of jobs that would be created. He has been using the same contractors and they all live and work within the Tidewater area; he will not be hiring outside the area and believes it is important. He has built around the community including Green Tree Commons, Hailey s Cove, and Martin Crossing. He views this project to be the hallmark of his career. He made himself available for

16 questions and asked for the Commission s support. Page 16 William L Jones Jr., 796 Shillelagh Road, Chesapeake, Virginia. Mr. Jones asked the Commissioners to consider all the input from Dominion Boulevard Study and thanked everyone for their hard work and support. The land has been in the family since the 1940 s or for around 80 years. He built his home on the land and raised his family here. His father, William L. Jones Sr., was present and has worked this land and would like to see this project built. The family has tried to hold onto land and sold to neighbors to help families get their start. The land developed into community known as Grassfield. Throughout the years, his family declined many of opportunities to sell. He believes in the builder and says there is a need for more rooftops to support the commercial in the area. Mr. Jones asked for that Commission s support and will standby for questions. Brian Layne, Parrish-Layne Design Group, P. O. Box 9164, Chesapeake, Virginia standby for questions. COMMISSION DISCUSSION: Commissioner Johnson asked Ms. Watkins White and Mr. Blankenship to finish their comments. Ms. Watkins White wanted to point out additional items. The application passes LOS for schools, roads and utilities. She described one of the City s housing objectives is to strive to provide a diverse and balance inventory of housing designed to satisfy the needs of consumer across the city. Developers build projects that people buy. Sometimes these plans sit on a shelf and get dusty without being implemented. She would like the Commission to consider the proposed plan and ask for support. Mr. Blankenship stated that they have taken this project seriously. They looked into how to satisfy the growing diversity of the population and housing demand. Demographics are changing and he wants to support changes of the millennial generation. The site is within walking distance to restaurants, retail stores, a community college and golf course. They are looking for opportunities to fit in with mixed use land development. They will use quality building materials and have a very lush landscape package with a lot of extras. He wants this project to create an atmosphere that people will gravitate to from multi-generations. Mr. Blankenship discussed tax revenues. The starting price will be $280,000 with a 4 year build out. At build out, the project will generate $726,000 in real estate taxes revenue. Commissioner Hutchinson calls Mr. Jones to finish his comments. Mr. Jones has been a business owner for over 30 years and enjoyed the area. He has seen the retail and many restaurants come and go. Building new housing would bring people to support restaurants and retain the business in the area. Commissioner Kish asked staff to describe the one-half mile boundary from TCOD in relation to the property.

17 Page 17 Mr. McKay stated one-half mile would be by retention pond so the first half-mile is in TCOD. Commissioner Ellis asked Mr. Tate about the traffic analysis to determine if the intersection would need to be signalized now or later. Mr. Tate responded that potentially, the growth would trigger a traffic signal and developers would need to contribute to the installation of the signals. A signal would be required and several developers would be contributing to it. Commissioner Van Laethem moved to approve application PLN-REZ with the proffers listed in the staff report for the following reasons: 1) the proposed rezoning passes level of service analysis for adequate road, school and sewer facilities; 2) the development is consistent with surrounding uses and existing design pattern; and 3) the residential development will support existing commercial business. Commissioner Johnson stated his support of this application. There is no opposition from community and the family who owns the land have been good residents. The builder has good standing in community and he supports application. Commissioner Kish stated he supports Comprehensive Plan and the Transportation Corridor Overlay District (TCOD), but this development is on the border of the one-half mile line reserved for commercial development. There is always room for discussion. Millennials desire walkable communities that have bike paths and sidewalks to a shopping area. It provides higher density for the business area. Higher density is desirable now that the bridge is completed. The proposed development meets the intent of the Dominion Boulevard Corridor Study. For those reasons, he will support application. Secretary Perry stated that it the project provides a piece of the solution of the flooding in the area. The Commission was invited by staff to tour West Broad Village in Richmond as a model to what we should be aspiring for. The project is exactly what the Planning Commission has been looking for in terms of density and modern amenities, and he strongly supports this. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-REZ be APPROVED with the proffers as listed in the official agenda. Commissioner Johnson seconded the motion. The motion was carried by a vote of Chairman Williams excused. Commissioner McCormick abstained. At 8:03 p.m., Vice Chairman Jason Morris acknowledged that Commissioner McCormick had entered back into room.

18 Page 18 Commissioner McCormick stated that with he has a conflict of interest with the previous application and abstained because his employer, Davis Law Group, represents the applicant, Atlantic Land Development, and that he has personally represented or provided services to said client and is therefore disqualified from participating in the application pursuant to Virginia Code Section (A)(3). R(C) PROJECT: Sawyer Property APPLICANT: Titan Myers Development, LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 43.57± acres from R-15s, Residential District (4.18± acres), and A-1, Agricultural District (39.9± acres), to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with no more than 2.2 dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with no more than 4 dwelling units per acre. ZONING MAP LOCATION: 1833 & 1837 Elbow Road TAX MAP SECTION/PARCELS: , BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following proffers: (6-2; Van Laethem/Perry, Williams excused, Kish and McCormick opposed) 1. The owner/applicant agrees to create a Property Owner s Association and record private covenants and deed restrictions to adopt Architectural Design Standards required for residential construction and to own and maintain all open spaces and stormwater movement features as depicted on the exhibit date received July 18, The Design Standards at a minimum shall include items a) through g) listed below. The enforcement of the architectural and design requirements shall be the sole responsibility of the Property Owner s Association. a. The owner/applicant agrees that the materials to be used on the front, sides and rear of all residential structures shall consist of brick, masonry (stone) cement based siding or high quality vinyl siding or substantially similar material, as determined by the Director of Planning, or designee. Vinyl siding shall be a minimum.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted.

19 Page 19 b. The owner/applicant agrees to offer a minimum of four (4) elevations for sale within the subdivision and furthermore agrees that at least 3 of the offered elevations shall include brick or stone exterior features. c. The owner/applicant agrees that only architectural style shingles shall be permitted; 3-tab shingles shall be prohibited. d. The owner/applicant agrees that all residential dwellings must have a crawl space or raised/elevated slab. Concrete block shall be finished with brick, stone or stucco, and exposed block skirts shall not be permitted. e. The owner/applicant agrees that each residential dwelling shall be provided with a minimum two-car garage. The owner/applicant also agrees that the front building elevation shall not include projections of building walls forward of the front door of the building by more than three (3) feet in length. f. The owner/applicant agrees that one-story dwellings shall have a minimum of 1,500 square feet of heated living space, and twostory dwellings shall have a minimum of 1,900 square feet of heated living space. g. The owner/applicant further agrees that all of the dwellings constructed within the subdivision shall have covered front porches with a minimum depth of four (4) feet. 2. The applicant/owner agrees to limit the development to 84 singlefamily lots. The development of the subject property shall be consistent with the rezoning exhibit date received July 18, 2016 as determined by the Director of Planning or designee, provided that the location and size of the proposed stormwater management and lakes may be adjusted based on design and engineering requirements. 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,546 per single-family dwelling. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit. 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

20 Page 20 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 $1,591; Transportation $0; Libraries $570; Emergency Services $ The owner/applicant agrees to dedicate one-half of the ultimate 120 right-of-way along the entirety of the property s frontage with Elbow Road in accordance with the 2050 Master Transportation Plan, at no cost to the City. The alignment and sufficiency of the dedication shall be subject to the review and approval of the Director of Development and Permits or designee. The right-of-way dedication shall be recorded with the initial subdivision plat for the property subject to this rezoning. 5. The applicant/owner agrees to construct 24 feet of pavement width and all associated curb and gutter improvements to Elbow Road, from the eastern end of the project s left turn lane on Elbow Road, as determined by the Director of Development & Permits, or designee, and extending approximately 1,215 feet eastward along Elbow Road. These improvements shall be subject to the review and approval of the Director of Development and Permits or designee and the width of the gutter shall not count toward the pavement width. These improvements shall be completed, or included in the subdivision bond to assure completion, prior to the recordation of the first subdivision plat in the development. If all or part of these improvements are bonded, the subdivision agreement shall provide for their completion not less than nine (9) months after the date of recordation of said first subdivision plat. 6. The applicant/owner agrees to construct an east bound turn lane from Elbow Road into Bethel Baptist Church. The length and other geometric parameters of this left turn lane shall be done in the best feasible manner, within the existing right of way of Elbow Road, as determined by the Director of Development and Permits or designee. These improvements shall be completed, or included in the subdivision bond to assure completion, prior to the recordation of the first subdivision plat in the development. If all, or part, of these improvements are bonded, the subdivision agreement shall provide for their completion not less than nine (9) months after the date of recordation of said first subdivision plat. 7. A conceptual site plan prepared by MSA, PC 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

21 Page 21 rezoning action. No rights shall vest nor any cause of action shall 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 the Department of Development and Permits and shall supersede any previously filed conceptual site plan. Mrs. Shaffer read R(C) into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings listed in the staff report, planning staff recommended that R(C) be DENIED. However, if Planning Commission decides to approve this rezoning, the proffers provided are available for consideration as listed in the official agenda. Proponent: Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia. Mr. Palmer provided a handout to the Commissioners. He acknowledged that Oscar Smith High School is over capacity and that there are plans for a building expansion that will increase capacity by 300 students. The expansion will be completed or close to completed by the time the developer starts to build. The development will add 13 students to Oscar Smith High. He stated that the adjacent Fieldstone development improved Elbow Road for 1,700 feet out to Centerville Turnpike and the applicant will widen Elbow Road to 24 feet for 1200 feet in an easterly direction, with left turns lanes into the development and the church. In the spring of 2017, Lynnhaven Parkway will connect to Centerville Turnpike which will provide an important east/west connector. Mr. Palmer acknowledged some of the safety concerns with Elbow Road, but cited Jay Tate s memo that the proffered improvements constitute a net improvement for Elbow Road. COMMISSION DISCUSSION: Commissioner McCormick asked Mr. Tate to provide more details on how this development will impact Elbow Road. Mr. Tate replied that there are two primary reasons that cause accidents: the curve geometry and the narrow width of the road. Based on availability of funding and other priorities, Development and Permits looked at how to solve the problem. Elbow Road has significant volume and what kind of improvements can be done were analyzed. Proportionality standards were developed

22 Page 22 and were applied to Fieldstone and to this application that he considers reasonable and that will result in road improvements. 80% of the traffic is going west instead of east to Virginia Beach. Commissioner McCormick asked Mr. Tate if there are other area roads that are substandard that need to be addressed. Mr. Tate stated that Chesapeake has a number of rural roads that are substandard, and Elbow Road with the high volume of through traffic, is considered one of the worst. Vice Chairman Morris asked Mr. Tate that for simplicity, with the proffers, will Elbow Rd be left better off than it is now. Mr. Tate stated that was his assessment that it will be a net benefit. Commissioner Van Laethem moved to approve the application with proffers as listed in the staff report based on the findings that the development is consistent with the land use plan and because the proffered roadway widening improvements to be constructed along Elbow Road exceeds the voluntary service allocations for transportation. Secretary Perry seconded the motion. Secretary Perry stated Elbow Road is one of the worst roads in the city, but will improve as developments are approved, which is what City Council expects and plans for. Commissioner Kish stated that he going to vote against it not because of the development itself, but because it fails the level of service for schools. COMMISSION VOTE: Commissioner Van Laethem moved that R(C) be APPROVED with the proffers as listed in the official agenda. Secretary Perry seconded the motion. The motion was carried by a vote of 6-2. Commissioners McCormick and Kish voted against the motion. Chairman Williams excused.

23 Page 23 PLN-REZ PROJECT: Gilmerton Energy Center APPLICANT: Gilmerton Energy Center, LLC AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of 40.5± acres from M-3, Waterfront Industrial District, to M-2, General Industrial District, in order to construct an electric power generation facility. PROPOSED COMP LAND USE / DENSITY: Industrial/Logistics EXISTING COMP LAND USE / DENSITY: Industrial/Logistics ZONING MAP LOCATION: 2801 S. Military Highway. TAX MAP SECTION/PARCEL: Portion of BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following proffers: (8-0; Kish/Perry, Williams excused) 1. The applicant/owner agrees that the use of the property subject to this rezoning shall be limited to SIC Code 4911, Electric Power Generation. 2. The applicant/owner agrees that this conceptual site plan prepared by American Engineering and entitled, Gilmerton Energy Center, dated August 8, 2016, 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 any cause of action shall 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.

24 Page 24 Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mr. McKay that based on the findings listed in the staff report, planning staff recommended that PLN-REZ be APPROVED with the proffers as listed in the official agenda. Proponent: Shepelle Watkins White, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia. Ms. Watkins White pointed out that the property is undeveloped and is consistent with industrial redevelopment projects. Structures that are over 40 feet will be a neutral color. The property is in urban overlay district and will be a use that is consistent with the Intensely Developed Area designation within the CBPA. It is consistent with the economic development goals of the Comprehensive Plan. She stated that she will standby for questions. John Ragone, Energy Development Partners, 2145 Incline Drive, Suite 201, Goochland, Virginia, standby for questions. Pete Burkhimer, 448 Viking Drive, VA Beach, VA. A rezoning is needed due to the lack of a water dependent use that is required in the M-3 zoning district. This project will be no more intense than what is permitted in the existing zoning. The use permit is needed for the height exception. Once operational, the facility will generate a lot of power, but not traffic. Storm drainage not an issue. Dredged material from the Elizabeth River was deposited into a basin which is easily converted to a storm water facility. Water is available. He will standby for questions and requests approval. COMMISSION DISCUSSION: Commissioner Ellis asked Mr. Burkhimer questions. For sewer, are any industrial sewer discharges anticipated beyond domestic everyday usage? Mr. Burkhimer replied that is a small amount of process water and Public Utilities raised no issues. Commissioner Ellis asked if there will be a sewer extension. In the staff report, it was noted that City sewer could not be extended to the site. Mr. Burkhimer replied that a private pump station will be installed. Commissioner Kish moved that PLN-REZ be approved with proffers as recommend by staff. Secretary Perry second the motion. Commissioner Kish stated that in makes more sense to rebuild a new station on the old power station site; however, the old power plant site not suitable for the construction of a new plant. The City should continue to use the property as designated whenever possible.

25 Page 25 COMMISSION VOTE: Commissioner Kish moved that PLN-REZ APPROVED with the proffers as listed in the official agenda and as recommended by staff. Secretary Perry seconded the motion. The motion was carried by a vote of 8-0. Chairman Williams excused. PLN-USE PROJECT: Gilmerton Energy Center APPLICANT: Matex Virginia Power, LLC AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional use permit to allow height exceptions for structures in an electric power generation facility on a 40.5± acres parcel. The applicant seeks multiple height exceptions to allow a maximum height of 170 feet for buildings and 320 feet for stacks. ZONE: M-3, Waterfront Industrial District ZONING MAP LOCATION: 2801 South Military Highway TAX MAP SECTION/PARCELS: Portion of BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; Kish/Perry, Williams excused) 1. This permit is for the construction and operation of an electric power generation facility. This facility shall be constructed, operated and maintained in accordance with all rules and regulations of the Chesapeake City Code and Zoning Ordinance, with any and all terms and conditions of this conditional use permit, and in compliance with all federal, state and local laws and regulations for this use; including but not limited to all permit and license requirements and compliance regarding the use, storage and transportation of chemicals used at the facility. 2. The conditions of this use permit shall be binding on any person, entity, including the owner and applicant, its assigns, successors, and any subsequent assignee(s), successor(s), owner(s), operator(s), or lessee(s) owning, operating or leasing the power generation facility and accessory facilities situated on the site subject to this use permit. 3. This use permit is limited to an Electric Power Generation facility (SIC 4911), with its customary accessory uses. The generation of electricity from burning coal or nuclear reaction is expressly prohibited on this