Council Member C. E. Cliff Hayes, Jr. (excused)

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1 City Council Work Session A Regular Work Session of the Chesapeake City Council was held, at 5:17 p.m., in the City Hall Building, 306 Cedar Road. Present: Council Member Bryan L. Collins Vice Mayor John de Triquet Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Dwight M. Parker Council Member Ella Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis Absent: Council Member C. E. Cliff Hayes, Jr. (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, City Auditor Jay Poole, Finance Director Nancy Tracy, and other staff members. Also Present: Clerk of the Circuit Court Faye Mitchell, External Auditor Mr. Bob Bielat, of Cherry, Bekaert and Holland, L. L. P. The following topics were discussed during the Work Session: 1) Annual Financial Report 2) Appropriation of High Priority Facilities Capital Projects 3) Council Member Reports The Work Session adjourned at 5:47 p.m. /dah - 1 -

2 Regular Meeting of City Council A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on at 6:30 p.m., in the City Hall Building, 306 Cedar Road. INVOCATION: Reverend Michael Spear-Jones, Saint Thomas Episcopal Church. PLEDGE OF ALLEGIANCE: Girl Scout Council of Colonial Coast Troop 719, and their leader Kay Terrell. ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Bryan L. Collins Vice Mayor John M. de Triquet Mayor Alan P. Krasnoff Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Council Member Richard Rick West Council Member Patricia Pritchard Willis ABSENT: Council Member C. E. Cliff Hayes, Jr. (excused) Present from Administration: City Manager William Harrell, City Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore, Planning Director Brent Nielson, and other staff members. APPROVAL OF MINUTES Mayor Krasnoff advised that the minutes of the Regular City Council meeting and Work Session of March 13, 2008, were presented for approval. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of the minutes, as presented. Council Members Ritter and West stated they would abstain from voting on the minutes as they were not members of Council during that time. There was no additional discussion. On the motion for approval of the minutes, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ward, and Willis. Voting no: None (Council Members Ritter and West abstained) (Council Member Hayes excused) Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet and went to the speakers podium to make a presentation.

3 CERTIFICATE OF RECOGNITION Hickory High School Robotics Competition Team Vice Mayor de Triquet called Hickory High School Technology Education Teacher Ms. Gina Nakahara-Clark, several other faculty members, and the Hickory High School Robotics Competition Team members to the podium to receive a Certificate of Recognition for being the FIRST (For Inspiration and Recognition of Science and Technology) Robotics Competition Team and receiving sponsorships from federal agencies and private businesses. Student Jeff Muse thanked City Council for their recognition and offered comments concerning the team, their accomplishments and the project before handing out pins to City Council Members. Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff. CERTIFICATION OF CLOSED SESSION HELD AT 4:00 P.M. DECEMBER 16, 2008 City Attorney Hallman read the following: The Chesapeake City Council hereby certifies that to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements were discussed and only such public business matters as were identified in the motions convening the meeting were heard, discussed or considered by the City Council. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Certification of the Closed Session discussion. City Attorney Hallman noted that Council Member Hayes was not in attendance for the Closed Session. There was no discussion. On the motion for approval of the Certification of the Closed Session discussion, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Moore identified the following speaker prior to the presentation of the public hearing items: Randy Royal, 501 Independence Parkway, representing Culpepper Landing, spoke in support of Public Hearing Item (H) and asked that City Council members consider a concurrent advertising request for the item

4 PUBLIC HEARING ITEMS A. R(C) PROJECT: Atlantic Vista Development, LLC PROPOSAL: A conditional zoning reclassification of a acre portion of a 44 acres site from M-2, General Industrial District, to R-8, Single Family Residential District. PROPOSED COMP LAND USE & DENSITY: Medium Density Residential, 5.4 units per acre. EXISTING COMP LAND USE & DENSITY: Medium Density Residential, 5 to 16 dwelling units per acre. LOCATION: Property located feet westward from Steel Street. TAX MAP SECTION/PARCEL: A portion of BOROUGH: Deep Creek (Continued from the September 16, 2008 City Council Meeting) The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that no more than 18 residential singlefamily dwellings will be constructed on the property subject to this rezoning and that each dwelling will be marketed and sold ( affordable housing unit ) as affordable housing in accordance with the following: a. Affordable housing units shall be marketed and sold to the first purchaser for occupancy who is not a builder for a base purchase price no higher than an amount, excluding interest and taxes, amortized over thirty (30) years equal to fifteen (15) percent of the gross annual income of a household with an income at one hundred twenty (120) percent of the City of Chesapeake median income. As an example, assuming the City of Chesapeake median income is $57,000 then the maximum base purchase price for the affordable housing units under this section would be $57,000 x 120% = $68,400 x 15% = $10,260/12 months=$885 x 360 months = $307,880. b. All affordable housing units required under this proffer shall be designated as such by reference to address and tax parcel identification number ( affordable housing lots ) and provided to the Chesapeake Office of Housing. 2. The applicant owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to Public Works, including but not limited to land acquisition, design, and construction of Public projects. The amount of the voluntary cash contribution shall be $2,407 per single family detached residential dwelling unit or residential lot, whichever is greater. The applicant/ owner agrees to make the contribution prior to the final subdivision plat approval for all residential dwelling units or residential lots, whichever is greater, as shown on the site plan dated April,

5 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for the expansion of classroom space in impacted public schools, including but not limited to land acquisition for the expansion of public school facilities and construction of new schools and additions. The amount of the voluntary cash contribution shall be $1,000 per single-family residential unit or residential lots, whichever is greater. The applicant/owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential dwelling units or residential lots, whichever is greater, shown on the site plan dated April, 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 School Capital Construction Costs and shall be subject to City Council approval prior to appropriation. In the event the cash proffer is not expended for land acquisition or classroom expansion within time constraints imposed by state law, the applicant/owner agrees that the cash proffer may be used for capital improvement projects for major repair, maintenance and renovation of public schools in the same school planning area as the rezoned property. 4. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public libraries, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the operation of public libraries. The amount of the voluntary cash contribution shall be $ per single-family detached residential dwelling unit or residential lot, whichever is greater. The applicant/owner agrees to make the proffered cash contribution prior to the final subdivision plat approval for all residential dwelling units or residential lots, whichever is greater, as shown on the site plan dated April, The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public emergency service facilities, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the provision of emergency fire and medical services to the citizens of Chesapeake. The amount of the voluntary cash contribution shall be $ per single family detached residential dwelling unit or residential lot, whichever is greater. The applicant/owner agrees to make the proffered cash contribution prior to the final subdivision - 4 -

6 plat approval for all residential dwelling units or residential lots, whichever is greater, as shown on the site plan dated April, The applicant has submitted the following revised proffers: 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for the expansion of classroom space in impacted public schools, including but not limited to land acquisition for the expansion of public school facilities and construction of new schools and additions. The amount of the voluntary cash contribution shall be $10,000 per single-family residential unit or residential lots, whichever is greater. The applicant/owner agrees to make the proffered cash contribution prior to final subdivision plat approval for all residential dwelling units or residential lots, whichever is greater, shown on the site plan dated April, 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 School Capital Construction Costs and shall be subject to City Council approval prior to appropriation. In the event the cash proffer is not expended for land acquisition or classroom expansion within time constraints imposed by state law, the applicant/owner agrees that the cash proffer may be used for capital improvement projects for major repair, maintenance and renovation of public schools in the same school planning area as the rezoned property. 6. The applicant/owner agrees to record a conservation easement in a form approved by the City Attorney to preserve open space and vegetation on that acres depicted on the rezoning exhibit dated September 12, 2008 before approval of any final subdivision plan. City Clerk Moore stated that the agent and members of the adjacent neighborhoods were present in support of the application and available for questions. Council Member Collins, on a motion seconded by Council Member Parker, moved approval of R(C) with revised proffers, as presented. There was no discussion. On the motion to approve R(C) with revised proffers as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis

7 #08-O-158 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING ORDINANCE TO PROVIDE FOR THE CONDITIONAL REZONING OF A /- ACRE PORTION OF A 44 ACRE SITE OF LAND LOCATED 743 FEET WESTWARD FROM STEEL STREET IN THE DEEP CREEK BOROUGH, FROM M-2 GENERAL INUDSTRIAL DISTRICT, TO R-8 SINGLE FAMILY RESIDENTIAL DISTRICT (R(C)-08-10). B. UP PROJECT: Southern Pines Borrow Pit APPLICANT: Vico Construction Corporation AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to extend the operation of an existing borrow pit for seven (7) years and to increase the depth of excavation. The applicant also seeks reapproval of the reduction in setback from residential uses from 1000 feet to 250 feet. ZONE: B-2, General Business District; O&I, Office and Institutional District; M-1, Light Industrial District SIC CODE: LOCATION: 4076 South Military Highway TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Continued from the September 16, and November 18, 2008 City Council Meetings) The Planning Commission recommends approval with the following stipulations: 1. The applicant, including its agents and/or successors in title or interest, shall not seek federal, state, or local permitting for any type of landfill activity at any time in the future: nor shall the applicant, its agents and/or successors in title or interest, operate any type of solid waste management facility, as defined in chapter 62 of the City Code, on the property at any time in the future. 2. The hours of operation for all excavating work associated with the application shall be 7:30 a.m. to 5:00 p.m., Monday through Friday. Saturday operation will be limited to 8:00 a.m. to 1:00 p.m., and no Sunday operation will be permitted. In addition, the following National holidays will also be honored with no excavation work Being performed: July 4, Labor Day, Memorial Day, Thanksgiving, Christmas, and New Years Day. 3. The existing landscape berm, including without limitation the existing vegetation thereon, shall be maintained in its entirety for the duration of this conditional use permit or acceptance of the subject property by the city, which ever is first to occur. This stipulation is not intended to require either the applicant/owner or the City of Chesapeake to remove the berm. 4. The developer agrees that all traffic associated with the transport of excavation material to and from this location shall utilize the Military Highway interchange at Interstate route 64 (no fill will be hauled onto the site). The expressed purpose of this Stipulation is to - 6 -

8 restrict all truck traffic from utilizing the old Virginia railway overpass on military highway west of this application. 5. The applicant shall install and monitor test wells adjacent to the communities of Sunray and West Colony Manor to gauge the effect of dewatering operations on adjacent properties for that time during which excavating operations are on-going. Also, copies of the monitor well test reports shall be forwarded to the Department of Fish and Wildlife. Upon the City's acquisition of the proposed raw water line easement for the Lake Gaston Water Treatment Plan project, the applicant/owner shall relocate any test wells as necessary as deemed necessary by the Director of Public Utilities or designee so that no test wells are located within the raw water easement. 6. a. The applicant agrees that the area contained within the "future conservation easement" as shown on the plan of operation shall be maintained in a natural state and shall not be disturbed during excavation or restoration activities, except for the provision of services to the excavation, or for any construction and maintenance activities conducted by the City. A future conservation easement shall only be required if requested by the City. It is not the intent of this stipulation to require the applicant/owner to record a conservation easement in the event that the City does not accept the dedication of the subject property. b. "The City Council finds that the 250 foot conservation buffer along the western property line was integral to the original approval of UP and hereby retains jurisdiction over said buffer area for the purpose of protecting adjacent property owners from adverse impact and ensuring compatibility. To this end, the applicant/owner shall preserve and maintain the 250 foot vegetated conservation buffer along the full length of the westernmost property line of the property abutting, in part, Biernot Avenue. The conservation buffer shall be maintained in its natural state in perpetuity and shall be depicted on the final site plan and end use plan, as well as memorialized with a deed of easement executed by the owner and approved by the City Attorney. The applicant/owner shall deliver the approved deed of easement to the Clerk's Office of the Chesapeake Circuit Court for recordation within thirty (30) days of the approval of UP (Rev), as revised in 2004." - 7 -

9 7. The developer agrees that all areas actively being excavated, as well as all areas where excavation is complete, shall be surrounded with an 8-foot tall chain link fence with a 3 strand barb wire cap. The fence shall be maintained in good repair until completion of restoration activities. In the event that the City accepts dedication of the subject property, the fence shall remain and be in good repair at the time of dedication, as approved by the Department of Public Utilities. 8. There shall be no chemicals stored on site which are not necessary for the maintenance and operation of machinery. 9. The developer agrees that all vehicular access to this site will be secured whenever excavation activities are not in progress. 10. The developer shall construct a three sided cinder block enclosure with a roof to house the pump equipment associated with the dewatering operation. The open side of the enclosure will face south, away from adjacent neighborhoods, as a noise abatement measure. 11. Upon completion of all excavation and restoration activities, the applicant shall offer to dedicate to the City of Chesapeake, Virginia, all right, title and interest in the property covered by this conditional use permit. If the city accepts the offer of dedication, such dedication shall be made by deed as approved by the Department of Public Utilities. Further, the applicant shall redirect all existing onsite ditches within the limits of his property away from the lake and divert stormwater to the ultimate outfall improvements currently located at the southeast corner of his property. Such ditches shall be sized and constructed in accordance with a Public Works approved plan utilizing the "manning equation", to ensure proper slope and width. In addition, should the city accept the offer of dedication, the applicant agrees that future improvement to the remaining "Southern Pines" property (the portion covered by the original conditional use permit UP that was approved by the City Council in 1995, excluding the area covered by the subject site) shall establish a "ridge line" at the boundary of the subject site and divert all stormwater runoff away from the subject site. In the event that the City decides to decline said offer of dedication, the end use of the excavated area shall be a private lake or bmp as described in the end use plan and the diversion of stormwater described above shall not be required. To clarify the intent of this stipulation, the term "manning equation" refers to a commonly used formula in the civil engineering profession to determine head loss for an incompressible, steady flow at a constant depth in a - 8 -

10 prismatic open channel and is described in Fluid Mechanics, sixth edition by Victor L. Streeter, published by McGraw-Hill Book Company, copyright To further clarify the intent of this stipulation, the term "ridge Line" means an elevational high point to establish a drainage divide to divert stormwater flow into opposite directions. 12. The applicant shall be responsible for the maintenance of the outfall ditch from his southern boundary to the Norfolk & Southern Railroad until final restoration of the borrow pit is complete. 13. The applicant shall be responsible for obtaining all necessary State and Federal permits and approvals, including without limitation, any permits required by the US Army Corps of Engineers with respect to wetlands. 14. The applicant agrees that during the final restoration process that it shall remove on-site entrance improvements at the northeast corner of the property in accordance with the Public Works approved plan. 15. All security lighting shall be directed inward and downward. 16. The applicant shall not conduct the burning of debris on the subject property and shall mulch all vegetation with the previously approved hours of operation. Only vegetation that is contained with the boundaries of this conditional use permit shall be mulched. 17. No property lines relating to the future Colony Road alignment shall be vacated unless City Council determines that the future Colony Road is no longer needed and approves the transfer of the ownership of the property to the owner of the subject site. In the event the city determines that the property was dedicated as public right-of-way, the vacation of the future colony road shall be conducted in accordance with the street closure requirements in Chapter 66 of the City Code. Upon vacation of the right-of-way and/or transfer of ownership of the property, the property lines for future Colony Road shall be vacated by recordation of an approved resubdivision plat. 18. The seven year expiration period referenced in section of the Chesapeake City Code shall expire on the 7th anniversary date of the City Council's approval of this conditional use permit. 19. The City Council finds that the blockage of the "tulloch ditches" on the property will cause adverse impact to drainage in the area and lead to the endangerment of the public health by creating conditions that will breed mosquitoes. Accordingly, to the extent permitted by the Environmental Protection Agency (EPA) or by any other Federal or State regulatory agency asserting jurisdiction over - 9 -

11 the "tulloch ditches" excavated on the property, the applicant/owner shall, upon order, decree or direction of such agency to block the ditches, request permission to fill the ditches instead. Such request shall be diligently pursued. If permission is granted, the applicant/owner shall fill such ditches at its sole expense. No preliminary or final site plan approval for development of any portion of the property zoned M-1 shall be given by the City until the EPA, or other authorized Federal or State agency, takes final action on the "tulloch ditches", and the owner/applicant carries out any corrective or remedial order, decree, or directive issued in this matter. Revised Stipulation: 12. The applicant shall be responsible for maintenance of the outfall ditch located at the southern boundary of the subject property to the Norfolk and Southern Railroad until final restoration of the borrow pit is complete. Maintenance shall include clearing and regrading of the ditch and maintenance strip. The Director of Public Works or designee shall determine at the final inspection whether the trade of the ditch is at least equal to the grade depicted on Southern Pines Pit Phase II (AC# ). New Stipulation #20: 20. The applicant shall cease de-watering the borrow pit before the occurrence of a storm event predicted to produce 2 inches or more of rain within 24 hours, and shall not recommence until the railroad ditch flows have subsided as determined by the Director of Public Works or designee. The applicant shall immediately cease dewatering the borrow pit when the Director of Public Works or designee determines there is the potential to adversely impact the Sunray Outfall operation. Mayor Krasnoff stated that a letter had been received from the agent requesting a 60-day continuance. City Clerk Moore stated that the agent was present and available for questions then identified the following speaker in opposition to the Public Hearing Item (B): Bruce McDaniel, 4713 Sunray Avenue, representing Sunray Farmers Association

12 Vice Mayor de Triquet, on a motion seconded by Council Member Willis, moved to continue UP to the February 17, 2009 City Council meeting. Council Member Ritter requested that during the time of continuance, the City Attorney s Office and the Planning Department coordinate the monitoring of drinking water, back filling, aquifer and drainage issues with the Departments of Public Works and Public Utilities. Mrs. Ritter noted that there was a previously approved use permit for the same property and requested those stipulations be considered with the proposed use permit. Council Member Ritter commented that an additional stipulation may be necessary. On the motion to continue UP to the February 17, 2009 City Council meeting, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. C. UP PROJECT: Blessed Beauty Hair Salon APPLICANT: Leslie S. Parrish PROPOSAL: A conditional use permit to allow a one-chair beauty salon as a home occupation. ZONE: R-15s, Residential District SIC CODE: 7231 LOCATION: 3340 Eight Star Way TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The owner/applicant agrees that the use will be limited to a one chair beauty salon. 2. The owner/applicant agrees that the applicant shall be the only employee working at the salon. 3. The owner/applicant agrees that the hours of operation shall be limited to Monday through Friday from 9:00 am to 6:00 pm. 4. The owner/applicant agrees that there will be no signage associated with the proposed use. City Clerk Moore stated there were no speakers on the item. Council Member Collins, on a motion seconded by Council Member Ward, moved approval of UP with stipulations, as presented. There was no discussion. On the motion to approve UP with stipulations, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis

13 D. UP PROJECT: Royal Farms Town Point Road Store APPLICANT: Two Farms, Inc. T/A Royal Farms AGENCY: Troutman Sanders, LLP PROPOSAL: A conditional use permit to allow a motor vehicle fuel supply station in conjunction with a permitted retail convenience store on a 5.52 acre parcel. ZONE: B-1, Neighborhood Business District SIC CODE: 554 LOCATION: Northeast corner of Churchland Blvd. and Towne Point Road TAX MAP SECTION/PARCEL: BOROUGH: Western Branch The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees that no outdoor public telephones shall be permitted. 2. The applicant/owner agrees to take all action necessary to prohibit loitering as defined in Section of the City Code. 3. The applicant/owner agrees to keep the property in a clean and well-maintained condition at all times. 4. The applicant/owner agrees that no loudspeakers shall be permitted on the subject site, with the exception of localized speakers at the individual gas pumps. 5. The applicant/owner agrees that no advertising shall be permitted on the proposed pump island canopy with the exception of a 3x3 foot identification sign on the east, south and west sides of the canopy. 6. The applicant/owner agrees that the architectural design of the convenience store building and the fuel supply station canopy shall be in conformance with the architectural rendering titled Royal Farms, Proposed Rendering for Towne Point Rd. & Churchland Blvd., dated October 16, 2008 and revised October 24, The architectural plans shall be approved by the Planning Director or designee prior to final site plan approval. 7. The applicant/owner agrees to restrict the wall signage of the convenience store building to two wall signs as shown on the approved architectural rendering referenced in stipulation #6 and as allowed by the City of Chesapeake Zoning Ordinance. 8. The applicant/owner agrees that the proposed free standing signs shall be architecturally compatible with the approved architectural rendering referenced in stipulation #6 as determined by the Planning Director or designee prior to final site plan approval. The applicant/owner further agrees not to construct an electronic message board. 9. The applicant/owner agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as

14 determined by the Planning Director or designee prior to final site plan approval. 10. The applicant/owner agrees that all site and building mounted lights shall be full cut off compliant with footcandle readings that do not exceed 0.5 footcandles at all property lines, except where necessary to properly illuminate the two entrances to the property. Site lights shall be mounted on poles that do not exceed 25 in height. Canopy lights shall be flush mounted and fully recessed. 11. The applicant/owner shall restrict dumpster service on the site by only scheduling pickup between the hours of 6 a.m. and 9 p.m. City Clerk Moore stated that the agent was present and available for questions. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of UP with stipulations, as presented. Council Member Ward commended the applicant for offering stipulations #1, #2, and #7. There was no further discussion. On the motion to approve UP with stipulations, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. E. UP PROJECT: John Deere APPLICANT: East Coast Equipment AGENCY: Engineering Services, Inc. PROPOSAL: A conditional use permit to allow the sales and service of Farm and Garden Machinery and Equipment on a 3.17 acre parcel. ZONE: A-1, Agricultural District SIC CODE: 5083, 7699 LOCATION: Intersection of Route 17 and Cahoon Pkwy, approximately 1600 feet north of Number Ten Lane. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The owner/applicant agrees that the architectural design of the building shall be in conformance with the architectural rendering titled Conceptual Elevations for John Deere East Coast Equipment Building Chesapeake, Virginia, dated October 3, The owner/applicant further agrees that the proposed fence shall be a white farm style fence as shown in the photograph titled Husker Vinyl or as approved by the Planning Director. The architectural plans shall be approved by the Planning Director or designee prior to final site plan approval. 2. Notwithstanding stipulation #1, the owner/applicant agrees to use a neutral/earth tone color for the siding instead of the John Deere green shown in the above referenced architectural rendering

15 3. The owner/applicant agrees that free standing signs shall be architecturally compatible with the approved architectural rendering referenced in stipulation #1 as determined by the Planning Director or designee prior to final site plan approval. The owner/applicant further agrees not to construct an electronic message board. 4. The owner/applicant agrees that the bay doors on the north side of the building shall be screened from view with landscaping as indicated on the preliminary site plan titled East Coast Equipment, revised date October 28, Said plantings shall consist of a staggered double row of evergreen plants with an initial height of 8, planted on 10 centers. 5. The owner/applicant agrees to provide a Reforestation Zone along and near Route 17, consistent with the Reforestation Guidelines of the Chesapeake Landscape Specifications Manual, as indicated on the preliminary site plan titled East Coast Equipment, revised date October 28, The owner/applicant further agrees to group the areas of reforestation in order to provide adequate sight lines to the front building facade and to the display area located in the southeast corner of the parcel. 6. The owner/applicant agrees that all repair work shall be performed inside the building. 7. The owner/applicant agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as determined by the Planning Director or designee prior to final site plan approval. 8. The owner/applicant agrees that all site and building mounted lights shall be full cut off fixtures. 9. The owner/applicant agrees, that in order to maintain adequate access to the property for fire fighting, that lock boxes shall be installed at the two gates as shown on the preliminary site plan titled East Coast Equipment, revised date October 28, 2008, to be approved by the Fire Department prior to final site plan approval. 10. The owner/applicant agrees to obtain all approvals for private sewage disposal and water well as required by the Chesapeake Health Department and the Department of Environmental Quality prior to the issuance of a Certificate of Occupancy. City Clerk Moore stated that the agent was present and available for questions

16 Council Member West, on a motion seconded by Council Member Willis, moved approval of UP with stipulations, as presented. There was no discussion. On the motion to approve UP with stipulations, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. F. UP PROJECT: Tidewater Green Solid Waste Management Facility APPLICANT: Tidewater Green Corporation AGENCY: MSA, PC PROPOSAL: A conditional use permit to operate a solid waste management facility and a waiver from the required setback from a water body from 1,000 feet to 50 feet in accordance with Section of the Chesapeake City Code. The applicant also requests permission to utilize the setback for a driveway. ZONE: M-2, General Industrial District SIC CODE: 495 LOCATION: 1500 Steel Street TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The facility shall only accept, sort, process, and deliver construction and demolition debris waste consisting primarily of asphalt shingles for recycling. Approval of the Conditional Use Permit only authorizes the use of the subject property as a solid waste management facility for recycling asphalt shingles. Solid waste shall not be stored (except for the temporary indoor storage of asphalt shingles and related materials) or disposed of at the subject site. 2. No hazardous or household waste shall be accepted, stored or handled at the subject property including, but not limited to, asbestos shingles. 3. All required federal, state, and local permits shall be obtained prior to the issuance of a Certificate of Occupancy for the facility. 4. The future loading dock that will be used in conjunction with the proposed building access must be shown on a final construction site plan. City Clerk Moore identified the following speakers in support of Public Hearing Item (F): E. Andrew Keeney, 150 W. Main Street, Norfolk, representing Kaufman and Canoles, P.C. Andy Warren, P. O. Box 993, Virginia Beach, representing Tidewater Green Corporation. Mike Perry, 5033 Rouse Drive, Virginia Beach, representing MSA, P.C

17 Council Member Willis, on a motion seconded by Council Member Collins, moved to approve UP with amended stipulations, a waiver from the required setback from a water body from 1,000 feet to 50 feet in accordance with Section of the Chesapeake City Code, and to utilize the setback for a driveway. Council Member Willis noted that Chesapeake was leading the way in being a green community and that this project was the first of its kind in the Tidewater area. Council Member Collins asked City Manager Harrell to comment on the 14 dumpsters currently in violation of City Code being stored on the site. City Manager Harrell stated that violation notices had been issued to the owner and the violations would be immediately corrected. Council Member Collins expressed his appreciation for the proposed operation and their efforts to locate in Chesapeake. There was discussion between Council Member Parker and Planning Director Nielson concerning the location of the proposed operation and its proximity to the nearby community. Mr. Nielson explained that there was a 19 acre conservation area between the two properties and there would be no impact on the Raintree Community. Council Member Ritter asked that Neighborhood Services Director Patrick Hughes come to the podium for questions. Council Member Ritter asked Mr. Hughes when the violation notices were issued. Mr. Hughes stated that the notices had been issued at approximately 1:00 p.m. that day (). Mrs. Ritter inquired whether or not the violations had been corrected. Mr. Hughes informed Mrs. Ritter that the violations had not yet been corrected. There was additional discussion between Council Member Ritter and Neighborhood Services Director Hughes concerning the types of uses currently allowed on the site, the type of uses that would be allowed, protecting the waterway, and signage on the property. Council Member West asked Mr. Warren back to the podium and inquired about outside storage violations, truck traffic egress/ingress and directional signage for the property. Mr. Warrant responded to the questions. Council Member Ward discussed the storage units at the site and requested that an additional stipulation be added concerning the storage of materials on the property. Assistant City Attorney Grady Palmer offered the following stipulation: 5. The applicant/owner shall remove existing illegal containers and outside storage on the subject property within 30 days of approval of this conditional use permit. No administrative permit shall be approved for the recycling facility until all illegal containers and outside storage have been removed

18 There was discussion between Council Members and City Attorney Hallman concerning the need for the additional stipulation. Council Member Willis stated that she agreed with the need for the stipulation and invited Mr. Warren to the podium for comments. Mr. Warren stated that he did not realize he was in violation by storing the containers on the property and assured Council Members that they would be removed from the property. Council Member Ward expressed appreciation to the applicant for his cooperation. There was no additional discussion. On the motion to approve UP with amended stipulations, a waiver from the required setback from a water body from 1,000 feet to 50 feet in accordance with Section of the Chesapeake City Code and to utilize the setback for a driveway, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. G. R(C)-07-04(Rev 6/08) PROJECT: Arlington Properties Apartments APPLICANT: James Dixon, Arlington Properties AGENCY: Kaufman & Canoles, PC PROPOSAL: A modification to proffer #3 of a previously approved rezoning application to allow the development of apartment units as opposed to condominium units, a modification to proffer #4, and a new proffer #5.EXISTING COMP LAND USE & DENSITY: High Density Mixed Use (Commercial/offices and residential up to 24 units per acre) LOCATION: Property located at the southeastern terminus of Medical Parkway TAX MAP SECTION/PARCEL: BOROUGH: Washington Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees to construct and dedicate to the City two lanes of an ultimate four lane public road beginning at the terminus of the existing Knells Ridge Boulevard and extending to the terminus of the existing Medical Parkway. The location and design of the road shall comply with the requirements of the Director of the Department of Public Works or designee. The road and all required right of way to support the ultimate four lanes shall be complete and dedicated as determined by the Director of the Department of Public Works or designee before issuance of any certificate of occupancy on the property subject to this rezoning. 2. The applicant/owner agrees to construct and dedicate to the City a right turn lane on Medical Parkway to Battlefield Boulevard with supporting right of way. The turn lane shall comply with the requirements of the Director of Public Works or designee and shall be complete and dedicated as determined by the Director of Public Works or designee before any certificate of occupancy is issued on the property subject to this rezoning

19 3. The applicant/owner agrees to construct a gated community of no more than 190 residential units on the property. The applicant/owner further agrees that the units will consist of approximately 35% one bedroom, 50% two bedroom, and 15% three bedroom units. These percentages, however, may be adjusted up or down 5% to accommodate final construction design. 4. The applicant/owner agrees that the exterior design of all residential buildings shall conform to the following standards: a. Exterior wall finishes shall be of subtle, earth-toned colors, with no single color being repeated as the primary color on every building, with and harmonizing primary and accent colors, as determined by the Director of Planning or designee. b. The sum of all exterior wall areas of each individual building shall comply with the following. In the percentage calculations, window and door areas shall be treated as if they were of the material surrounding them. c. Not less than 25% shall be brick veneer (as actual, individually laid-up units, not Quik-Brick or similar modular product) or natural stone or a stone veneer product deemed by the Director of Planning or designee to be of quality similar to brick veneer, with the remainder being a cementitious product as in d below. d. The remaining siding materials, excluding soffits, shall be cementitious siding product, such as HardiPlank. e. Roofing shingles shall be architectural grade shingles. f. Balcony railings shall be no maintenance, ornamental steel, aluminum or vinyl clad railings g. The applicant/owner agrees that the units shall be constructed in substantial conformance, as determined by the Director of Planning or designee, to the attached exhibit entitled "The Arlington at Chesapeake Preliminary Elevation" dated July 15, Minor deviations shall be permitted to the extent that the same does not impact the general design intent as shown in the Preliminary Elevation. 5. The applicant/owner agrees to construct a club house with meeting rooms and exercise equipment, an outdoor inground pool and to provide a recreational area within the community which shall include amenities and equipment suitable for a children's play area. City Clerk Moore identified the following speaker in support of Public Hearing Item (G):

20 Pete Burkhimer, 3351 Stoneshore Drive, Virginia Beach, representing Engineering Services, Inc. Council Member Ward, on a motion seconded by Council Member Parker, moved to approve R(C) (REV 6/08) with proffers, as presented. There was no discussion. On the motion to approve R(C) (REV 6/08) with proffers, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. #08-O-159 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING ORDINANCE TO PROVIDE FOR THE MODIFICATION TO PROFFER #3 OF A PREVIOUSLY APPROVED REZONING APPLICATION TO ALLOW THE DEVELOPMENT OF APARTMENT UNITS AS OPPOSED TO CONDOMINIUM UNITS, LOCATED AT THE SOUTHEASTERN TERMINUS OF MEDICAL PARKWAY, IN THE WASHINGTON BOROUGH, A MODIFICATION TO PROFFER #4 AND A NEW PROFFER #5 (R(C) REV 6/08)). H. CPL(M) PROJECT: Culpepper Landing APPLICANT: Culpepper Landing, LC AGENCY: Kimley-Horn and Associates, Inc. PROPOSAL: Modification to the approved Planned Unit Development Master Development Plan to delete senior housing component and to increase acreage of multifamily site for up to 135 multi-family units. ZONE: Planned Unit Development LOCATION: Southern terminus of Mill Creek Parkway TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek Planning Commission continued this item to their January 14, 2009 meeting due to a tie vote, therefore, this item could not be considered by City Council. City Clerk Moore stated there were no speakers at that time. Council Member Willis, on a motion seconded by Council Member Collins, moved to approve concurrent advertising of CPL(M) for the January 20, 2009 City Council meeting. There was no discussion. On the motion to approve concurrent advertising of CPL(M) for the January 20, 2009 City Council meeting, voting yes: Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis

21 I. #08-O-160 ST.C PROJECT: Colony Road Street Closure APPLICANT: Legends Landing, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A street closure request for a portion of Colony Road right-of-way (paper street), approximate area of 4.23 acres. ZONE: B-2 General Business, O&I Office & Institutional, M-1 Light Industrial LOCATION: Intersection of Colony Road (paper street) and the 4200 block of South Military Highway, across the street from Hoffman Beverage. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulation: The petitioner shall vacate all interior property lines by an approved plat of resubdivision and the plat shall be filed for recording within 180 days of the date that City Council approves ST.C City Clerk Moore stated that the agent was present and available for questions. Council Member Collins, on a motion seconded by Council Member West, moved approval of ST.C with the stipulation, as presented. Council Member Willis asked Planning Director Nielson how the appraised value was calculated. Mr. Nielson stated that the property consisted of wetlands and the applicant was dedicating a right-of-way to the City. He further explained that the road closure would allow more industrial property and no additional homes. There was no further discussion. On the motion to approve ST.C with the stipulation, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. J. #08-R-094 CP RESOLUTION AMENDING THE POLICIES, APPENDICES AND LAND USE PLAN OF THE 2026 COMPREHENSIVE PLAN TO REDESIGNATE THE GREAT BRIDGE BATTLEFIELD PLAN DISTRICT AS THE GREAT BRIDGE VILLAGE DISTRICT AND ESTABLISH THE BOUNDARIES THEREOF; TO MODIFY UNDERLYING LAND USE DESIGNATIONS SHOWN ON THE LAND USE PLAN; TO ESTABLISH DESIGN AND USE DISTRICTS WITHIN THE GREAT BRIDGE VILLAGE DISTRICT TO BE KNOWN AS THE OAK GROVE GATEWAY DISTRICT (FORMERLY KNOWN AS THE NORTH GATEWAY DISTRICT), CAUSEWAY DISTRICT, HISTORIC BATTLEFIELD DISTRICT, GREAT BRIDGE BUSINESS DISTRICT AND SOUTH GATEWAY DISTRICT; AND TO ADD DESIGN AND USE GUIDELINES IN PLACE OF THE GREAT BRIDGE BATTLEFIELD PLAN STUDY CURRENTLY REFERENCED AS APPENDIX H." The Planning Commission recommends approval of the version dated November 12,

22 City Clerk Moore identified the following speaker in opposition to Public Hearing Item (I): Don Bilbo, 416 Woodberry Drive, representing self. Council Member West, on a motion seconded by Council Member Ritter, moved to approve CP-08-02, version dated November 12, 2008, as presented. Council Member Ritter asked that Planning Director Nielson address Mr. Bilbo s questions. Mr. Nielson responded to Mr. Bilbo s questions and presented a brief history of the Plan, which included citizens input. Planning Administrator Jaleh Shea was invited to the podium for further comments and addressed questions from Council Member Ritter. Council Member Ritter commended staff for their work and highlighted several portions of the plan. She requested Acting Public Works Director Eric Martin to the podium for further questions. There was discussion between Council Member Ritter and Acting Public Works Director Martin concerning the Access Management Plan. There was no further discussion. On the motion to approve CP-08-02, version dated November 12, 2008, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. K. #08-O-161 TA-Z AN ORDINANCE AMENDING APPENDIX A OF THE CHESAPEAKE CITY CODE, ENTITLED ZONING, ARTICLE 7, SECTIONS AND THEREOF, TO PROVIDE FLEXIBLE DEVELOPMENT STANDARDS FOR PROPERTIES ZONED B-1 NEIGHBORHOOD BUSINESS DISTRICT AND B-2 GENERAL BUSINESS DISTRICT LOCATED IN THE GREAT BRIDGE BUSINESS DISTRICT OR THE CAUSEWAY DISTRICT OF THE GREAT BRIDGE VILLAGE DISTRICT. The Planning Commission recommends approval of the version dated November 5, City Clerk Moore stated there were no speakers on the item. Council Member Ward, on a motion seconded by Council Member West, moved to approve TA-Z-08-11, version dated November 5, 2008, as presented. There was no discussion. On the motion to approve TA-Z-08-11, version dated November 5, 2008, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. CITIZENS COMMENTS ON AGENDA ITEMS City Clerk Moore stated there were no speakers on the Agenda Items. CONSENT AGENDA City Clerk Moore read the Consent Agenda Item into the record

23 City Attorney Item (1) #08-O-162 AN ORDINANCE AMENDING ARTICLE V OF THE CHESAPEAKE CITY CODE, ENTITLED FOOD SERVICE MANAGER S CERTIFICATION, SECTIONS , , , , , AND THEREOF, TO AMEND CERTAIN DEFINITIONS; TO INCREASE THE FEE FOR A FOOD SERVICE MANAGER S CERTIFICATE FROM $10.00 TO $15.00; AND TO PROVIDE THAT A VIOLATION OF THE ARTICLE SHALL BE A CLASS 2 MISDEMEANOR. Mayor Krasnoff asked Council Members if they wished to remove the item for consideration under the Regular Agenda. There were no request to move the item to the Regular Agenda. Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved approval of the Consent Agenda, as presented. There was no discussion. On the motion to approve the Consent Agenda, as presented, voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis. REGULAR AGENDA City Manager Items (1) #08-O-163 REQUEST FOR APPROPRIATION OF $1,982,000 IN RESOURCES REMAINING FROM CONSTRUCTION OF CIRCUIT AND GENERAL DISTRICT COURTS BUILDING TO HIGH PRIORITY CAPITAL PROJECTS CITY MANAGER S OFFICE City Manager Harrell presented the item. Council Member Parker, on a motion seconded by Council Member Ward, moved approval of the Appropriation, as presented. Council Member Willis suggested that the appropriation be delayed until the upcoming budget process is completed and she would be unable to support the items at the current time. Mayor Krasnoff asked City Manager Harrell about the message this action would send to the Commonwealth Transportation Board on Dominion Boulevard. Mr. Harrell stated that it would show the City was willing to put money on the project and it was important to move forward with the right-of-way purchase. Mayor Krasnoff also noted that leasing office space in the building would generate revenue. Deputy City Manager Meyer stated that staff was trying to create permanent strategies for revenue and budget solutions. Council Member Ritter advised that she agreed with Council Member Willis and would like to see the upcoming revenue forecasts as well as the terms of the lease. There was no further discussion