Chesapeake Planning Commission PUBLIC HEARING MINUTES October 12, 2016 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 PUBLIC HEARING MINUTES October 12, 2016 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Williams called the Public Hearing of October 12, 2016, to order at 7:00 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Johnson led in the Pledge of Allegiance to the United States Flag. Invocation: Commissioner Hutchinson offered the Invocation for the evening. Roll Call: Present Marty Williams, Chairman Jason Morris, Vice-Chairman: 7:25p.m. Arrival Adam Perry, Secretary Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner Stephens Johnson, Commissioner John Kish, Commissioner John McCormick, Commissioner George Van Laethem, Commissioner Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Assistant Planning Director/Recording Secretary Timothy Howlett, Planning Administrator Mark Hobbs, Senior Planner Bill McKay, Senior Planner Steve Lambert, Senior Planner Michael Anaya, Senior Planner Renee Pierson, Office Coordinator City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Ed West, Public Utilities Engineer Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

2 Page 2 APPROVAL OF MINUTES: Chairman Williams presented the September 14, 2016 Public Hearing minutes into the record for commission action. PLANNING COMMISSION ACTION: MINUTES for the September 14, 2016 Public Hearing were APPROVED by unanimous consent.

3 Page 3 ITEMS FOR CONTINUANCE OR WITHDRAWAL: 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 LOCATION: 1025 North Battlefield Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION ACTION: CONTINUED to the November 9, 2016 Planning Commission: (8-0, Van Laethem/Ellis, Morris excused). 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 November 9, 2016 Planning Commission: (8-0, Van Laethem/Ellis, Morris excused).

4 Page 4 CONSENT AGENDA: PLN-REZ PROJECT: The Woodlands at Western Branch APPLICANT: Dragas Associates AGENCY: American Engineering PROPOSAL: A conditional zoning reclassification of acre parcel from R-15s, Residential District, to RMF-1, Residential Multi-family District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 7.3 units per acre. EXISTING COMP LAND USE / DENSITY: Regional Mixed-Use LOCATION: 1804 Taylor Road TAX MAP SECTION/PARCELS: , ; Portion of BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be APPROVED with the following proffers: (8-0, Kish/Hutchinson, Morris 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, and public emergency service facilities. The amount of the voluntary cash contribution shall be $922 per residential dwelling unit. The applicant/owner agrees to make the offered 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 and state law. 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 $685 and Emergency Services $237.

5 Page 5 2. The applicant/owner shall dedicate to the City of Chesapeake, at no cost and in fee simple, a parcel of land (the Library Site Expansion Area) approximately 14,337 square feet in area, as shown on the drawing attached to this Proffer Statement entitled EXHIBIT A Showing 14,337 sf to be Conveyed in Fee To the City of Chesapeake, VA For Expansion of the Russell Memorial Library Site By the Applicant/Owner of the Development known as The Woodlands at Western Branch (PLN-REZ ), Western Branch Borough, Chesapeake, VA, dated September 15, 2016, for the expansion of the Russell Memorial Library site (Tax Parcel ) (the Library Site). a. The applicant/owner agrees that no more than 150 square feet of the Library Site Expansion Area may be Jurisdictional Wetlands and/or Waters of the United States, any and all of which shall be located adjacent to the northwestern boundary of said expansion area and not greater than 3 in width. b. The Library Site Expansion Area shall be conveyed to the City by deed(s) of bargain and sale and a Resubdivision Plat or Boundary Line Agreement Plat, at the option of the City Attorney. Costs of preparation of all surveys, plats, etc. shall be borne by the applicant/owner. Conveyance shall occur within 90 days after applicant takes title to the subject property from the current owner, or as soon thereafter as the necessary surveys, plats, deeds and agreements can be prepared, reviewed and approved, but in any case not later than the issuance of the first Certificate of Occupancy for any dwelling constructed on the property. 3. The applicant/owner shall dedicate to the City of Chesapeake an additional strip of right of way for the widening of Elizabeth Harbor Drive, the width of said strip being 25, or the amount necessary to increase the total width of the right of way to 90, whichever is the lesser as determined by the Director of Development and Permits or designee. Said dedication shall be at no cost to the City and shall be dedicated prior to the approval of any site plan for any development on the property. 4. The applicant/owner agrees that the development will consist of no more than 136 residential condominium units.

6 Page 6 5. The conceptual site plan entitled CONCEPTUAL SITE PLAN, THE WOODLANDS AT WESTERN BRANCH, dated September 22, 2016, made by American Engineering Associates and date-stamped September 22, 2016, a copy of which is on file with the Chesapeake Planning Department, has been submitted by the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously file conceptual site plan. 6. The applicant/owner agrees that the architectural design of the residential structures shall be substantially similar, as determined by the Director of Planning or designee, to the architectural renderings titled The Woodlands at Western Branch Architectural Elevations, dated September 22, 2016 on file with the Planning Department. Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be APPROVED with proffers as listed in the official agenda. Proponent: Nick Baum, The Dragas Companies, 4538 Bonney Road, Virginia Beach, Virginia appeared before the commission in support of PLN-REZ , representing the applicant. Mr. Baum was available for questions. Pete Burkhimer, American Engineering Associates, Inc., 448 Viking Drive Suite 170 Virginia, Beach, Virginia appeared before the commission in support of PLN-REZ , representing the applicant. Mr. Burkhimer was available for questions.

7 Page 7 COMMISSION VOTE: Commissioner Kish moved that PLN-REZ be APPROVED with proffers as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. Commissioner Morris was excused. The motion was carried by a vote of 8-0. PLN-REZ PROJECT: Trinity Temple Church APPLICANT: Trinity Faith Centre PROPOSAL: A conventional zoning reclassification of 3.09 acres from R-15s, Residential District, to O&I, Office and Institutional District, for the construction of additional parking for the existing church. PROPOSED COMP LAND USE / DENSITY: Institution/Government EXISTING COMP LAND USE / DENSITY: Recreation LOCATION: Adjacent to 2501 Cedar Road. TAX MAP SECTION/PARCEL: Portion of BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be APPROVED: (8-0, Kish/Hutchinson, Morris excused). Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be APPROVED as listed in the official agenda. Proponent: Jesse Featherston, Trinity Faith, 2501 Cedar Road, Chesapeake, Virginia appeared before the commission on behalf of PLN-REZ , representing himself. Mr. Featherstone was available for questions. COMMISSION VOTE: Commissioner Kish moved that PLN-REZ be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. Commissioner Morris was excused. The motion was carried by a vote of 8 0.

8 Page 8 PLN-USE PROJECT: Bite Sized Child Daycare APPLICANT: Bite Sized Daycare, Inc. PROPOSAL: A conditional use permit to all for the operation of a day care center in an existing building. ZONE: B-1, Neighborhood Business LOCATION: 3000 Churchland Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (8-0, Kish/Hutchinson, Morris excused). 1. The applicant/owner, at their own expense, shall design and construct a commercial entrance on the site prior to the issuance of a Certificate of Occupancy for this use. The construction entrance shall be subject to the review and approval of the Director of Development and Permits or designee. The applicant shall record a shared ingress/egress easement for the benefit of this site and the adjacent parcel to the west prior to approval of the commercial entrance plan. 2. The applicant/owner shall design and construct a Landscape Buffer F, consisting of 3 trees and 25 shrubs per 100' linear feet of roadway frontage. This buffer shall be subject to the inspection and approval of the Director of the Department of Development and Permits or designee and shall be installed prior to the issuance of the Certificate of Occupancy. 3. The owner/applicant shall comply with all requirements of the Chesapeake City Code, Chesapeake Zoning Ordinance and the Virginia Code, 1950 as amended. Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda.

9 Page 9 COMMISSION VOTE: Commissioner Kish moved that PLN-USE be APPROVED with stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. Commissioner Morris was excused. The motion was carried by a vote of 8 0. PLN-USE PROJECT: 1122 S. Military Highway Automobile Sales and Service APPLICANT: Cappo Properties, LLC AGENCY: Horton & Dodd, PC PROPOSAL: A conditional use permit for used automobile sales and service. ZONE: B-3, Highway Business District LOCATION: 1122 S. Military Highway TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (8-0, Kish/Hutchinson, Morris excused). 1. The applicant/owner agrees that the display of used motor vehicles for sale will be limited to the vehicle display area delineated on the preliminary site plan dated stamped September 19, The applicant/owner agrees that in order to locate the existing billboard sign on a separate parcel, consistent with Article 14 of the City Zoning Ordinance, the subject property shall be legally subdivided as generally shown on the preliminary site plan, date stamped September 19, The subdivision plat shall be approved and recorded prior to the issuance of the Certificate of Occupancy. 3. The Applicant/owner agrees to submit a final site construction plan for review and approval by the Director of Development and Permits or designee within 90 days of City Council approval of this Use Permit. Any site improvements on said plan shall be completed within 90 days of final site plan approval. Mrs. Shaffer read PLN-USE into the record for commission review and action.

10 Page 10 Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. Proponent: Gregory Dodd, Horton & Dodd, P.C., 300 George Washington Highway, Chesapeake, Virginia appeared before the commission in support of PLN-USE , representing the applicant. Mr. Dodd was available for questions. COMMISSION VOTE: Commissioner Kish moved that PLN-USE be APPROVED with stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. Commissioner Morris was excused. The motion was carried by a vote of 8 0. PLN-USE PROJECT: Priority Auto Parking Facility APPLICANT: Ellmer properties Greenbrier II, LLC AGENCY: Kimley-Horn PROPOSAL: A conditional use permit for the storage of new vehicles for area dealerships, and for employee parking, on a.986 acre site. PROPOSED COMP LAND USE / DENSITY: Commercial EXISTING COMP LAND USE / DENSITY: Commercial LOCATION: 1724 Hearthside Court TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulation: (8-0, Kish/Hutchinson, Morris excused). 1. The site subject to this use permit shall only be used for the storage of new or used cars that are ready to be sold, and for employee parking for the operators of this application. No sales, maintenance or other servicing of vehicles shall occur on the site. Mrs. Shaffer read PLN-USE into the record for commission review and action.

11 Page 11 Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be APPROVED with stipulation as listed in the official agenda. Proponent: Jeremey Yee, Kimley-Horn, 4500 Main Street, Suite 500, Virginia Beach, Virginia appeared before the commission in support of PLN-USE , representing the applicant. Mr. Yee was available for questions. COMMISSION VOTE: Commissioner Kish moved that PLN-USE be APPROVED with stipulation as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. Commissioner Morris was excused. The motion was carried by a vote of 8 0. REGULAR AGENDA PLN-REZ PROJECT: Cardinal Meadows APPLICANT: Atlantic Land and Development, LLC AGENCY: Parrish-Layne Design Group 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 (This item was approved for concurrent advertising and will be heard by City Council on October 18, 2016) Planning Commission moved that PLN-REZ be moved to the first application heard on the regular agenda. (8-0, Ellis/Van Laethem, Morris excused).

12 PLANNING COMMISSION RECOMMENDATION: Page 12 Planning Commission recommends that PLN-REZ be CONTINUED to the November 9, 2016 Planning Commission: (7-0-1, Van Laethem/Ellis, McCormick abstained, Morris excused). Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mr. McKay stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be DENIED as listed in the official agenda. Commissioner McCormick stated that he has a conflict of interest with PLN-REZ since his employer, Employer Davis law group, represents the applicant, Atlantic Land development, and must abstain from voting. Proponent: Bill Blankenship, 321 Great Bridge Boulevard, Chesapeake, Virginia appeared before the commission in support of PLN-REZ , representing the applicant. Mr. Blankenship stated that he requested for concurrent advertising; however, there are issues that were identified by residents of the area. He would like time to resolve them and is requesting a 30-day continuance. COMMISSION VOTE Commissioner Van Laethem moved that PLN-REZ be CONTINUED to the November 9, 2016 Planning Commission Public Hearing. Commissioner Ellis seconded the motion. Commissioner Morris was excused. Commissioner McCormick abstained. The motion was carried by a vote of Commissioner Morris arrived as of 7:25 p.m, and voted on the following applications.

13 Page 13 PLN-REZ PROJECT: Watson Property APPLICANT: Charlton Road, LLC PROPOSAL: A conditional zoning reclassification of 2.3 acres from A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4812 Charlton Drive TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be APPROVED with the following proffers: (9-0, Kish/Johnson). 1. The applicant/owner agrees that there shall be no more than five (5) residential lots resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be $4, per residential dwelling unit resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s. 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 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 $4,

14 Page 14 Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mr. Howlett stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be APPROVED with proffers as listed in the official agenda. Proponent: James Bradford, 3452 Cricket Hallow Lane, Chesapeake, Virginia appeared before the commission in support of PLN-REZ , representing the applicant. Mr. Bradford stated that the rezoning is and infill development consisting of five lots or less and is exempt from the Level of Service policy due to the low impact on neighborhoods. He stated that there is an abundant frontage on the lots, and availability of sewer and water. He further explained that the traffic impact from five lots is minimal. Opponent: Anthony Bertone, 4704 Barn Swallow Drive, Chesapeake, Virginia appeared before the Commission, in opposition to PLN-REZ , representing himself. Mr. Bertone stated that the amount of traffic on Willow Lakes Road, Davids Mill Drive and down Charlton Road is excessive. He stated that the additional housing would cause more traffic where there is already an insufficient amount of traffic signals to support the increase. He stated that five lots will not cause a huge effect; however, with the traffic from Davids Mill Drive, the Willow Lakes Road area, and the Jolliff Woods area, there will be a congestion problem. John Vallaster, 4805 Barn Swallow Drive, Chesapeake, Virginia appeared before the Commission, in opposition to PLN-REZ , representing himself. Mr. Vallaster stated that he believes it is a reasonable proposal; however, the intersection at Barns Swallow Drive and Charlton Road, and the intersection at Charlton Road and Jolliff Drive, are not sufficient to support the proposed application. He stated that the addition of housing without widening of Charlton Road would be problematic for traffic and other road issues. COMMISSION DISCUSSION: Commissioner Kish asked Mr. Tate about another application on the agenda, and what improvements are taking place that are moving the telephone poles. He asked Mr. Tate whether there were any current proposed improvements to the intersection of Charlton Road and Jolliff Road.

15 Page 15 Mr. Tate stated there is not a currently funded project. There was one previously; however, the funds were re-proportioned due to opposition in the community. Development and Permits and Public Works are concerned about the intersection of Charlton Road and Joliff Road, and there is a long-range plan to utilize a collector street, Davids Mill Drive, that would allow for the majority of the traffic from Charlton Drive development through Davids Mill Drive instead of on Charlton Drive as originally intended on the Master Transportation Plan, to reduce traffic. The proposed application does not provide significant amount of traffic. It is less than one vehicle per hour during the peak hour. A long-term plan for the area needs to include a major improvement of Charlton Road or a second access. Commissioner Kish asked Mr. Tate if the Master Transportation Plan showed a second access to Jolliff Road as a new intersection. Mr. Tate stated yes, that there is already full turn lanes in both directions, and the road is widened as it approaches the intersection, and is adequate for a right-of-way, and signal. All of the improvements are present due to other developments in the area. Not unlike other areas of the City, new developments provide pieces to the overall plan. Commissioner Kish stated that he believes the issues brought up from the citizens are due to traffic already in the area than the five proposed houses. The City is aware of this and has a plan to help to remedy the problem. Chairman Williams stated that he understands citizens concerns, and explained that the increase in homes will provide increased awareness to address traffic concerns. COMMISSION VOTE: Commissioner Kish moved that PLN-REZ be APPROVED with proffers as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 9 0. PLN-REZ PROJECT: Churchland Square APPLICANT: Churchland Ventures, LLC AGENCY: Kaufman and Canoles PROPOSAL: A conditional zoning reclassification of 6.88 acres from B-1, Neighborhood Business District, to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 3353 Western Branch Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Western Branch

16 PLANNING COMMISSION RECOMMENDATION: Page 16 Planning Commission recommends that PLN-REZ be APPROVED: (8-1, Morris/Perry, Van Laethem,) Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be APPROVED as listed in the official agenda. Proponent: Bill Baker, Hall Auto, 441 Viking Drive, Virginia Beach, Virginia appeared before the Commission in support of PLN-REZ and PLN-USE , representing himself. Andy Keeney, Kaufman & Canoles, 150 West Main Street, Suite 2100, Norfolk, Virginia appeared before the commission in support of PLN-REZ and PLN-USE , representing the applicant. Mr. Keeney stated that he is the agent for the applicant and explained the intent of the application. He stated that in 2004 he represented Hall Auto, and was before the Planning Commission and City Council for a rezoning application, and use permit for the adjacent property. He stated that the applications were both approved by unanimous vote from both the Planning Commission and City Council. He further stated that the area of Western Branch has changed significantly since that time and that most properties are B-1, B-2 or business related, which is consistent with the Comprehensive Plan. He stated that the application is compatible with other properties in the area. He said there was a void left by previous tenants of the shopping mall and that the proposed use will be for an automobile dealership which will be constructed in phases in order to work with current tenants. He stated that there are currently three access points on Western Branch, which will be reduced to two and traffic will be far less than that of the former grocery store. There will be no rear access to the property and the buffer has been enhanced to more than thirty feet in most areas. This will address any neighborhood issues in the back related to deliveries. He stated that there will be no adverse effect to the adjacent areas. Pete Burkhiemer, American Engineering, 448 Viking Drive Suite 170, Virginia Beach, Virginia appeared before the Commission, in support of PLN-REZ PLN-USE , representing the applicant. Mr. Burkhiemer stated that he is working with Mr. Keeney on behalf of the application and clarified the preliminary site plan consists of four site plans, which depicts the three phases of the development. The phases will allow the current tenants the ability to finish out remaining leases. After the leases are completed the western building will be taken down and only the main dealership building will remain. The buffer in the rear eastern end will be increased slightly while the western end toward Hall Nissan will be increased substantially.

17 Page 17 Public Works and Development and Permits have collaborated on access management in order to reduce access to major arterials such as Western Branch Boulevard. There are many existing driveways along Western Branch Boulevard, including the adjacent property, and the proposed property with three access points. There is one access point at the western edge, another at the middle at the traffic signal, and the third at the eastern edge that is shared by a bank that is a legal easement that must remain along with the access point at the signal. Therefore the third access point will be eliminated, and the reduction will be stated as such in the stipulations. He stated that the proposed application has proven success in other locations and will bring an active thriving business. COMMISSION DISCUSSION: Commissioner Van Laethem stated that he understands the need to replace a vacant store. Commissioner Van Laethem spoke with current tenants that include a Dominos, cleaners, check cashing store, and a Chinese restaurant. He asked the tenants if they understood the proposed application and they stated they did not. He said the tenants did not understand the specifics of when it was necessary to vacate and the different phases, and access points. He stated that the current tenants were unaware of the status of their lease and that they do not have appropriate understanding of the impact of the application. He stated that often a continuance is necessary to give the current tenants the opportunity to learn more about the phases. He asked for a 30-day continuance. Commissioner Perry asked Ms. Lindley if the applicant met the legal threshold for advertising. Ms. Lindley stated that the applicants met all necessary requirements of the City Code and Virginia Code notice requirements. Commissioner Johnson asked Mr. Keeney to explain the tenants understanding of the application. Mr. Keeney stated that before the shopping center was acquired, the tenants received legal notice and were required to sign an estoppel certificate, which stated the terms of their lease, financial standings and other provisions. Each tenant was contacted, and based upon the estoppel certificates, the property was purchased. One or more of the tenants are in default, and have not made adequate payments, and each has been given the opportunity to remain in business until the end of their lease. The meeting that took place two weeks ago with the tenants and the key owners who explained the auto dealership. The tenants responded positively to increased security due to break-ins and additional customers to bring business to the site. The business intends to employ as many as 200 people. A 30-day continuance would be detrimental to the applicant, and he is willing to meet with the tenants. He stated that the issues brought up are property rights issues, and not a land use issue. He explained that the phases relate directly to the status of current leases and tenants will vacate voluntarily. Commissioner Hutchinson asked Mr. Keeney if he has made attempt to speak to the four

18 Page 18 tenants that are being impacted and that estoppel certificates were issued to each of them. Mr. Keeney stated that he is 100% sure that each of the estoppel certificates were issued, signed and returned as a condition of the closing. The principle owners met with the tenants and felt the meetings were favorable. Commissioner Van Laethem moved that PLN-REZ and PLN-USE be continued for 30-days in order for the tenants to fully understand the process. Commissioner Ellis seconded the motion. The motion failed 4-5 with Kish, Morris, Perry, Johnson and McCormick opposed. COMMISSION VOTE: Commissioner Morris moved that PLN-REZ be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. Commissioner Van Laethem was opposed. The motion was carried by a vote of 8 1. PLN-USE PROJECT: Churchland Square APPLICANT: Churchland Ventures, LLC AGENCY: Kaufman and Canoles PROPOSAL: A conditional use permit to operate a motor vehicle dealership for new and used motor vehicles. ZONE: B-2, General Business District (proposed) LOCATION: 3353 Western Branch Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (8-1, Morris/Perry, Van Laethem opposed). 1. The owner/applicant shall remove the temporary sales building and canopy, as shown on the Preliminary Site Plan-Phase 1, date received September 30, 2016 within 60 days from the date of issuance of the Certificate of Occupancy for the proposed building shown on the Preliminary Site Plan-Phase 2, date received September 30, The applicant/owner shall remove the temporary buildings shown in Phase 1 within three (3) years of conditional use permit approval regardless of

19 Page 19 whether the proposed buildings in Phase 2 are constructed or occupied. 2. The owner/applicant agrees that, as a part of the redevelopment of the subject property, all landscaping required by Sections of the City Zoning Ordinance shall be installed with each phase of construction prior to the completion of said phase, as indicated on the Preliminary Site Plan date received September 30, 2016, as determined by the Landscape Coordinator, Department of Development and Permits. 3. The owner/applicant agrees that, prior to issuance of a Certificate of Occupancy for any new permanent building on the property, they will reduce the number of entrances between the subject property s signalized entrance and the entrance at the existing median break on adjacent Tax Parcel (3417 Western Branch Boulevard) to the west of the subject property from two to one. The owner/applicant may accomplish this by closing the existing intermediate right-out-only entrance in front of TP , or by closing the existing right-in/right-out entrance at the west end of the subject parcel s frontage, or by closing both of those existing entrances and constructing a new, shared entrance in the general vicinity of the common property line between the two parcels. In the event of any of the three options, the owner/applicant shall provide ingress/egress easements so that both of the referenced parcels have the benefit of the shared entrance. Said ingress/egress easements shall be recorded prior to approval of Phase 2 Final Site Plans, on forms approved by the City Attorney. Furthermore, the location and design of all referenced entrances and easements shall be subject to the review and approval of the Director of Development & Permits or designee prior to approval of Phase 2 Final Site Plans. 4. If the Director of Development and Permits determines that vehicle queuing interferes with the entrance circulation, the Director shall notify the owner/applicant. The owner/applicant shall have 30 days from the date of said notice to submit a revised site circulation and pavement marking plan to said Director. The construction and sufficiency of the new circulation plan shall be subject to the review of the Director of Development and Permits, or designee, and improvements shall be completed within 60 days of notification by the City. 5. The owner/applicant agrees that all outdoor site lighting, including but not limited to parking lot lighting and building mounted lighting, shall be full cut off luminaires. 6. The owner/applicant agrees that an outdoor speaker or public address system shall not be allowed on the subject property.

20 Page 20 Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. COMMISSION DISCUSSION: PLN-REZ and PLN-USE were heard together. Please see PLN-REZ COMMISSION VOTE: Commissioner Morris moved that PLN-USE be APPROVED with stipulations as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. Commissioner Van Laethem was opposed. The motion was carried by a vote of 8 1. PLN-COMP A Resolution to amend the 2035 Chesapeake Comprehensive Plan, Technical Document, Chapter Two, Summary of Key 2026 Comprehensive Plan Studies and Policies, Transportation Corridor Overlay District (TCOD), and related policies, maps and technical reports as necessary to extend the TCOD along U.S. Route 17 from its current terminus to the North Carolina state line; to create target areas encompassing properties known as Landing West and Frank Williams Farm, said target areas to accommodate commercial and industrial uses only; to establish the corridor extending from the current terminus of TCOD to the target areas, said corridor to accommodate agricultural and similar low impact uses permitted under existing zoning; and to make such other amendments to the TCOD and correlating polices, maps and technical reports necessary to clarify and carry out the intent and purpose of the Transportation Corridor Overlay District. (Continued 60 days from the July 13, 2016 & 30 days from the September 14, 2016 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-COMP be APPROVED, which amends the TCOD Policy adopted June 13, 2000 with the attached version entitled Transportation Corridor Overlay District Policy Staff Recommended Draft Version: October 6, (8-1 Van Laethem/Johnson, Perry opposed). Mrs. Shaffer read PLN-COMP into the record for commission review and action.

21 Page 21 Staff Presentation: Mr. Lambert stated that based on the findings in the staff report, Planning staff recommended that PLN-COMP be APPROVED, which amends the TCOD Policy adopted June 13, 2000 with the attached version entitled Transportation Corridor Overlay District Policy Staff Recommended Draft Version: October 6, 2016 as listed in the official agenda. Opponent: Robert Brown, 304 Chesapeake, Chesapeake, Virginia appeared before the Commission in opposition to PLN-COMP , representing himself. Mr. Brown stated he has a history of building in the area for the last 50 years. He referenced a handout he provided to the Planning Commission. He stated that he proposed a route for U.S. 17 in 1999, and that the proposed road would have enabled the City to receive a free park and lake. He stated that the City should purchase the area on the west side of the highway, and stated there was influence in the plan, and he has tried to provide his plan with limited access and low expense. He stated that the highway will not meet the interstate standards, and there will be great cost to existing residential areas that are located between the highway and the canal. He said that North Carolina and HRTPO are getting Interstate 87 designated from North Carolina to here and the curves and angles are not appropriate. He stated that the tie to Williams Farm has been influential. He provided a proposal that would provide adherence to highway standards. He asked why there was a study, which states there will be solar panels where the interstate is supposed to be. He stated that the solar panels should not be between the new interstate and the canal and should not be within 1000 feet of the road. COMMISSION DISCUSSION: Commissioner Perry stated he has concern about the relation to Williams Farm and said that it is unknown what the property will be or potential projects and now a limited change to the property is being proposed. He stated that TCOD is being used as a political tool rather than a planning tool. He stated that the property should remain flexible for economic development, and that the future of the property is unknown and therefore should remain without limits. He believes that the potential projects and the changing area should be considered. Chairman Williams asked Ms.Shea to explain TCOD. Ms. Shea stated that TCOD, or Transportation Corridor Overlay District, is a policy enacted in 2001, as an economic development preservation policy. It recognizes the opportunities that are opened by new transportation corridors because of increased accessibility and increased demand for development. Some economic opportunities can be eroded when residential development gets in front in those corridors; therefore, key locations that are considered target areas are preserved for economic development purposes. This TCOD amendment would extend that concept through Route 17 corridor, and designating two additional target areas for preservation for future economic development opportunities.

22 Page 22 Commissioner Perry stated he is in opposition since there is already is an economic development preservation program on the property, and TCOD would be voting no on projects that are presented that do not maximize economic development opportunity by providing limitations on the property. Chairman Williams confirmed with Ms. Shea that the Dominion Boulevard Corridor Study did not apply to this proposed area. Ms. Shea stated that the scope of TCOD is beyond the Dominion Boulevard Corridor Study. Chairman Williams stated that he asked during the Dominion Boulevard Corridor Study why it did not go all the way to the North Carolina State line since the land was wide open. He stated that TCOD will identify the area as potential for growth, and defines guidelines for future development and that an amendment may be necessary in the future, but identifying the area for growth is integral. Commissioner Morris stated that he agrees with Chairman Williams. He also clarified that the TCOD is not related to the solar panel project. Chairman Williams added that the solar panel project was denied by City Council. Commissioner Ellis stated that the application does not have anything to do with the alignment of Route 17 or any future limited interstate access. If the State chooses to convert Route 17 to an interstate, the Commonwealth Transportation Board would pick up any realignment of Route 17. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-COMP , be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. Commissioner Perry was opposed. The motion was carried by a vote of 8 1. R(C) PROJECT: Gray s Pointe APPLICANT: Coastal Virginia Developers AGENT: Site Selection & Design, LLC PROPOSAL: A conditional zoning reclassification of acres from A-1, Agricultural District (19.47 acres) and R-15s, Residential District (3.05 acres), to R- 15s. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with approximately 2.27 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4905, 5116 & 5117 Charlton Drive TAX MAP SECTION/PARCELS: , & BOROUGH: Western Branch

23 PLANNING COMMISSION RECOMMENDATION: Page 23 Planning Commission recommends that R(C) be APPROVED with following proffers: (8-1, Van Laethem/Morris, Williams opposed). 1. 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 further agree that the right-of-way improvements to connect Willow Lake Drive to David s Mill Drive shall be constructed or bonded for construction and the road connection open to traffic, in accordance with a Department of Development & Permits approved plan, prior to issuance of the 11th Certificate of Occupancy for a residential dwelling. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be $4, 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 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 pro-rated in recognition of the three residential dwellings existing on the property at the time of application. Mrs. Shaffer read R(C) into the record for commission review and action. Staff Presentation: Mr. Anya stated that based on the findings 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.

24 Page 24 Proponent: James Bradford, Agent, 3452 Cricket Hollow Lane, Chesapeake, Virginia appeared before the Commission on behalf of R(C)-15-13, representing the applicant. Mr. Bradford stated that the application is a 22 acre parcel, which is a remnant of an agricultural district, that has been reclassified as single-family detached residential, R-15s. The property is bordered to the south by a perennial stream, which is subject to the Chesapeake Bay Act, and has 100-foot buffers on either side. To the east is Davids Mill Drive, to the west is the Greater Willow Lakes community. There is a positive impact in the form of a transportation improvement. West of the intersection of Davids Mill Drive, and Charlton Drive are 240 homes with only one point of access, which is substandard by City policy due to historic zoning. Davids Mill Drive has a 60 foot right of way, with 40 feet of pavement, which is more pavement that is found on a typical residential streets. The intersection of Jolliff Road was improved, and is a much better point of access. This application would make a road connection which would allow for an improved traffic pattern, and take traffic from Willow Lakes off Charlton Drive as well as the local collector street within Davids Mill Drive that is being used for traffic heading south on Jolliff Road. It would redistribute traffic in Davids Mill Drive and Willow Lakes to the collector street. The proffer states that the right of way would be recorded with the first subdivision plat, and traffic would be on the road before the Certificate of Occupancy is issued. The application was submitted prior to the July 1, 2016 date when the changes to proffers began. The cash proffers total equals to the historic policy, and will be allocated by department. Opposition: Cynthia Anderson, 5109 Charlton Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself. Ms. Anderson stated that she has lived in her home for 3 years, and her lot sits adjacent to the planned road. She stated that the overcrowding at Chittum Elementary School is severe, and 775 students are enrolled which is higher than the report indicates that was provided to the Planning Commission which states 765 students. She is concerned whether all of the planned development is being accounted for properly for schools. She stated that the type of homes being built will result in increased enrollment in schools and issues with traffic. She expressed concern over the cumulative amount of small projects that are being approved as it relates to impact. She stated that the planned 51 homes would adversely effect enrollment and stated that she moved from Suffolk to Chesapeake to live in a better school district. Her children s classrooms have ranged from students and there have been issues in mobile classrooms. She stated that the road improvements would be improved; however, schools cannot support the homes. She explained that there is an alternative route on Creekview Drive that can be used. She stated that there have been thousands of dollars that have been proffered from other developments, yet there has been no improvement made to Charlton Drive. Mark Vogel, 5129 Lake Shore Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself.