C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING MARKED AGENDA May 19, :30 P.M. City Hall Council Chamber 306 Cedar Road

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1 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING MARKED AGENDA May 19, :30 P.M. City Hall Council Chamber 306 Cedar Road ** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK PRIOR TO 6:30 P.M.** NOTE: COPIES OF BACKUP MATERIALS FOR ALL AGENDA ITEMS, INCLUDING THE APPLICATION AND SUPPORTING MATERIALS FOR THE PLANNING PUBLIC HEARING ITEMS MAY BE VIEWED IN THE CITY CLERK S OFFICE OR THE PLANNING DEPARTMENT AT ANY TIME DURING NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. REMINDER: 4:30 P.M. - Human Resources Training Room 4 th Floor Topics: 1. Position Management/Budget Transfers/Ordinances 2. St. Julien s Creek Annex Restoration Legislative Update 4. Lumos Network Broadband Franchise 5:45 p.m. Council Member Reports The City Council Work Sessions and Meetings can be viewed live on WCTV- Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) and at CityOfChesapeake.net. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable channel 43) as well as CityOfChesapeake.net at the following times: Tuesday - Work Session at 11:30 p.m. and Meeting at 12:30 a.m.; Wednesday - Work Session at 1:00 p.m. and Meeting at 2:00 p.m. and Saturday - Work Session at 8:00 p.m. and Meeting at 9:00 p.m. PLEASE NOTE: Speaker Cards will not be accepted for the Council Meeting once the meeting begins. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. Citizens may also pre-register by calling the City Clerk s Office at , Monday through Friday, (8:00 a.m. - 5:00 p.m.) prior to, and including the date of the Council meeting. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live on WCTV-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) as well as CityofChesapeake.net, and heard on WFOS-88.7FM. The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens. Citizens who wish to receive such accommodations must contact Mr. Tim Winslow ( ), within three working days prior to the meeting. NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER PLEASE TURN OFF CELL PHONES WHILE IN THE CHAMBER 1

2 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Agenda May 19, :30 P.M. City Hall Council Chamber 306 Cedar Road 1. INVOCATION - Council Member Lonnie E. Craig 2. PLEDGE OF ALLEGIANCE TO THE FLAG Council Member Ella P. Ward 3. ROLL CALL BY CITY CLERK - All present 4. APPROVAL OF MINUTES None 5. PUBLIC HEARING APPLICANTS, AGENTS AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS A. R(C) Shillelagh Property APPLICANT: Shillelagh Commons LLC AGENCY: Land Planning Solutions PROPOSAL: A conditional zoning reclassification of approximately 33± acres from R-15, Residential District (4± acres) and A-1, Agricultural District (29± acres) to R-MF-1, Multi-Family Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Regional Mixed Use/Low Density Residential LOCATION: East side of Shillelagh Road, 1,000 feet north of Vincek Way TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (This item was continued from the December 16, 2014 and April 21, 2015 City Council meetings) The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees that residential development on the subject property shall be limited to single-family detached condominium units and attached (townhouse style) condominium units as generally depicted on the rezoning exhibit dated August 4, 2014 prepared by Land Planning Solutions. 2. The applicant/owner agrees that there shall be a maximum of 196 for sale residential condominium units. Single-family detached condominium units shall not exceed 121 units and attached townhouse style condominium units shall not exceed 75 units. 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2, per single-family detached condominium unit. The applicant/owner agrees 2

3 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 contribution shall be allocated as follows: Schools $1591; Transportation $0; Libraries $570; Emergency Services $ The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $1, per attached condominium unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited 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 contribution shall be allocated as follows: Schools $685; Transportation $0; Libraries $351; Emergency Services $ The applicant/owner agrees that it shall dedicate the ultimate 120 ft. right-ofway for Cahoon Parkway on the property subject to this rezoning as depicted on the exhibit dated August 4, 2014 at no cost to the City. The alignment of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee. The right of way dedication shall be completed before the issuance of a certificate of occupancy for the 66 th residential unit. At any time prior to the issuance of a certificate of occupancy for the 66 th residential unit, the right of way dedication shall be completed at no cost to the City by municipal acquisition plat within 60 days of receipt of a written request by the Director of Development and Permits or designee. 6. The applicant/owner agrees to design and construct the improvements to the intersection of Cahoon Parkway and Ward Road as depicted on the exhibit dated August 4, 2014 prepared by Land Planning Solutions within existing public right of way. The improvements shall consist of the elements depicted in the applicable cross section set out on the above-referenced exhibit, provided that the Director of Development and Permits, or designee, 3

4 may approve substitute elements to address design issues. These improvements shall be completed in accordance with a Department of Development & Permits approved plan before the issuance of a certificate of occupancy for the 1 st dwelling unit on the subject property. 7. The applicant/owner agrees to, at its own cost and expense, design and construct the improvements between points A and B as depicted on the exhibit dated August 4, 2014 prepared by Land Planning Solutions within the right of way acquired by the City pursuant to proffer # 1a of R(C) (Plantation Greens). The improvements shall consist of the elements generally depicted in the applicable cross section set out on the abovereferenced exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development & Permits approved plan prior to issuance of a Certificate of Occupancy for the 1 st residential unit. 8. The applicant/owner shall, at its own cost and expense, design and construct the improvements between points B and C as depicted on the exhibit dated August 4, 2014 prepared by Land Planning Solutions within the public right of way dedication required by proffer #5. The improvements shall consist of the elements depicted in the applicable cross section set out on the above-referenced exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development & Permits approved plan prior to issuance of a Certificate of Occupancy for the 66 th residential unit. 9. The applicant/owner agrees to record a non-ingress/egress easement on the property subject to this rezoning in a form acceptable to the City Attorney to prohibit vehicular access to Cahoon Parkway extended except at two intersections. The easement shall be established with the dedication of the right of way required by proffer # The applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, landscape buffers and storm water management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be solely responsible for the adoption and enforcement of the architectural guidelines set out in proffer #11. The condominium association shall be formed before the issuance of the first building permit for a residential structure. 11. The applicant/owner agrees that the exterior architectural motif and elevations are to be aesthetically pleasing in appearance and generally compatible in terms of the overall structure and its relationship to other structures based on location, size and quality within the development. The selection of materials shall be harmonious with the architectural motif of each dwelling unit and community as a whole. Exterior materials shall reflect harmony with both the environment and other structures in the neighborhood. Elevation quality, character, material and content should 4

5 be continued on all sides. The following criteria shall be applied by the Condominium Association to the review and approval of residential structures: a. Composition sheet siding, exposed wood, exposed concrete or cinder block shall be prohibited as exterior materials. b. Exterior walls with the same color scheme as adjacent or nearby homes will be permitted on a frequency of only every fourth dwelling unit. c. Exterior finish materials are fiber-cement siding, brick, stone, stucco (EIFS will not be allowed), wood, and machine cut shingles. Vinyl siding will be limited to premium vinyl siding with a minimum thickness of inches. d. Front brick or stone skirt is mandatory. All units shall be constructed on a raised slab with a garage. e. If only one siding material is used then shutters, hinges and dogs shall be provided with skirt treatment of brick or stone. f. If shutters are provided they shall appear operable by including hinges and dogs. g. There shall be a minimum 4 width corner board, window trim and door trim. Windows on the first floor shall be a minimum 6 taller than upper floor windows. h. Roofing: Any architectural grade product with a minimum 25 year warranty shall be required. i. The following minimum square footage requirements shall apply: Attached condominium units shall be a minimum of 1,600 square feet. Detached S.F. Units (sm home) as set out on the Rezoning Exhibit (42 feet wide condominium lots) shall be a minimum of 2,000 square feet. Detached S.F. Units (lg home) as set out on the Rezoning Exhibit shall be 2,600 square feet. 12. The applicant/owner shall convey an Avigation Easement (the Avigation Easement ) to the Chesapeake Airport Authority (the Airport Authority ) following the final approval of this rezoning application by City Council (and the expiration of any applicable referendum and appeal period associated therewith). Such Avigation Easement shall be recorded in the office of the Clerk of the Circuit Court for the City of Chesapeake (so that the Easement shall be included in the record chain of title for all buyers and lenders having any interest in any portion of the Property), and shall 5

6 be in a form substantially similar to that attached hereto as Exhibit A (as amended from time to time by written agreement of the Applicant/Owner and the Airport Authority). In addition, the applicant/owner shall include a notation on any subdivision plat submitted for City approval for any portion of the Property, which note shall provide further notice of the grant of the Avigation Easement over the Property. 13. The applicant/owner agrees to, at its own cost and expense, install and maintain a landscape buffer yard E with no berm or fence in the buffer along the entire the frontage on Cahoon Parkway as generally depicted on the exhibit dated August 4, Furthermore, the applicant/owner agrees to install and maintain a buffer yard C with no fence or wall in the buffer along the Shillelagh Road frontage as generally depicted on the exhibit dated August 4, These buffers shall be installed concurrently with the construction of Cahoon Parkway extended and shall be complete prior to the issuance of a certificate of occupancy for the 150 th residential unit and shall be subject to the review and approval by the Director of Development and Permits or designee. 14. The applicant/owner agrees to provide for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway in accordance with the following: a. A warrant of need analysis may be conducted by the Director of Development and Permits, or designee, to determine whether the applicant/owner shall install the traffic signal. The warrant of need may be conducted at any time prior to the issuance of a certificate of occupancy for the 150 th residential unit on the subject property. b. The traffic signal installation shall be subject to the review and approval of the Director of Development and Permits and shall be installed within six (6) months of the date designated on a written notice to proceed issued by the Director of Development and Permits, or designee. c. The applicant/owner shall bond the approved traffic signal as provided for in Section of the Chesapeake City Code. d. In the event that the analysis does not warrant the installation of the traffic signal before the issuance of a certificate of occupancy for the 150 th residential unit or if no warrant of need analysis has been conducted, the applicant/owner agrees to make a cash contribution of $44,000 to be paid before the issuance of a certificate of occupancy for the 150 th residential unit. This payment shall represent the projects pro rata share of the cost of the traffic signal. Upon receiving such payment, the bond provided for in subparagraph c above shall be released and the applicant/owner s obligation under subparagraph a. and b. above shall be extinguished. e. In the event that the applicant/owner is required to install the traffic signal, the applicant/owner, or its assign, shall be entitled to all 6

7 other proffered pro rata payments for the installation of the traffic signal received by the City, including but not limited to R(C) and any other applicable rezoning or conditional use permit. However, the applicant/owner shall not receive an amount of pro rata payments in excess of the actual cost of the installation of the traffic signal. Proffer 15 was added on August 22, 2014: 15. The applicant/owner agrees that any direct vehicular access to Shillelagh Road from the subject property shall be limited to a gated emergency access that shall comply with the requirements of the Fire Department. The agent has requested that the application be continued to the May 26, 2015 City Council meeting. CONTINUED TO MAY 26, 2015 (de Triquet/Ward) (9-0) B. UP Kroger Marketplace Fueling Center APPLICANT: Kroger Limited Partnership PROPOSAL: A conditional use permit to construct and operate a vehicle fueling facility on 1.34± acre portion of a 49.8± parcel. ZONE: PUD, Planned Unit Development LOCATION: NE corner of Cahoon Pkwy and Grassfield Pkwy TAX MAP SECTION/PARCEL: portion of BOROUGH: Deep Creek The Planning Commission recommended approval with the following stipulations: 1. The applicant/owner shall provide a site plan detailing the parapet that will be used to screen all mechanical equipment on the subject site from view from public right-of-ways lighting which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 2. The applicant/owner shall provide a site plan demonstrating the connectivity of the pedestrian walkways, crosswalks and associated landscaping which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. Sidewalks, crosswalks and pedestrian walkways both onsite and along adjacent road frontages shall be constructed prior to the issuance of a certificate of occupancy. 3. The applicant/owner shall provide architectural renderings for any proposed signage associated with the project lighting which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 7

8 4. The proposed building will be substantially similar to the elevation dated January 9, 2015 as determined by the Planning Director or designee. The canopy pillars shall have brick base up to a minimum height of 4 feet using the same brick as the grocery store. APPROVED WITH STIPULATIONS (Ward/Ike) (9-0) C. UP Kroger Marketplace Drive-thru APPLICANT: Kroger Limited Partnership PROPOSAL: A conditional use permit to construct and operate a drive thru with amplified sound within the proposed Kroger Marketplace on a 15.15± acre portion of a 49.8± parcel. ZONE: PUD, Planned Unit Development LOCATION: NE corner of Cahoon Pkwy and Grassfield Pkwy TAX MAP SECTION/PARCELS: portion of , portion of BOROUGH: Deep Creek The Planning Commission recommended approval with the following stipulations: 1. The applicant/owner shall provide a site plan detailing the parapet that will be used to screen all mechanical equipment on the subject site from view from public right-of-ways which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 2. The applicant/owner shall provide a site plan demonstrating the connectivity of the pedestrian walkways, crosswalks and associated landscaping which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. Sidewalks, crosswalks and pedestrian walkways both onsite and along adjacent road frontages shall be constructed prior to the issuance of a certificate of occupancy. 3. The applicant/owner shall provide architectural renderings for any proposed signage associated with the project which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 4. The proposed building will be substantially similar to the elevation dated March 20, 2015 as determined by the Planning Director or designee. APPROVED WITH STIPULATIONS (WEST/CRAIG) (9-0) D. R(C) The Elder s House Rezoning APPLICANT: The Elder s House, Inc. AGENCY: American Engineering Associations-Southeast PA, Inc. PROPOSAL: A conditional zoning reclassification of 1.0± acre from R-10s, Residential District, to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Institutional EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre LOCATION: 860 Bells Mill Rd TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommended approval with the following proffers: 8

9 1. The applicants/owners agree that the property subject to this rezoning, R(C)-15-04, ( Property ) shall be limited to use as a Residential Care Facility which shall only be used as a children s home or group foster home as further limited by these proffers and the stipulations in UP Residence in the facility shall be limited to no more than 22 children between the ages of 12 and The applicants/owners agree that any child housed at the facility shall meet the following limitations: a. His/her residence, before relocation to the facility, was in the Hampton Roads region. b. The court has removed him or her from the custody and care of his/her parent(s) or guardian(s) due to problems with one or more such parent or guardian and has assigned him/her to the custody of this facility. c. He or she has no record of offense with the court system. 3. A conceptual site plan prepared by American Engineering Associates Southeast, PA, Inc. and entitled Conceptual Site Plan, dated February 9, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. The applicant revised proffer #1 to read: 1. The applicants/owners agree that the property subject to this rezoning, R(C)-15-04, ( Property ) shall be limited to use as a Residential Care Facility which shall only be used as a children s home or group foster home as further limited by these proffers and the stipulations in UP Residence in the facility shall be limited to no more than 22 children between the ages of 12 and 18; however, during the first year of operation the applicants/owners agree no more than 16 children will be accepted at the facility. APPROVED WITH REVISED PROFFERS (KRASNOFF/DAVIS) (7-1) (de TRIQUET VOTED NO) (WARD ABSTAINED) 9

10 E. UP The Elder s House APPLICANT: The Elder s House, Inc. AGENCY: American Engineering Associations-Southeast PA, Inc. PROPOSAL: A conditional use permit to allow a residential care facility with an alternative offsite parking location pursuant to Section (B) of the Chesapeake Zoning Ordinance. ZONE: R-10s, Residential District LOCATION: 860 Bells Mill Rd TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommended approval with the following stipulations: 1. The applicants/owner agree that the property subject to this use permit, UP-15-15, ( Property ) shall be used as a Residential Care Facility which shall function as a children s home or group foster home as further limited by these stipulations and the proffers in R(C) Residence in the facility shall be limited to no more than 22 children between the ages of 12 and The applicant/owner agrees that the proposed use as a Residential Care Facility, as defined above, will be staffed 24 hours a day, seven (7) days a week by 6 supervisory adults including a night watchperson. 3. The applicant/owner shall provide two (2) complete sets of architectural sealed and signed plans for review and approval by the Director of Development and Permits, or their designee, prior to the approval of a final site construction plan and issuance of a new zoning permit/certificate of occupancy. 4. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations for the exterior portion of the building. Said elevations shall be subject to the review and approval of the Planning Director, or their designee, prior to final site construction plan approval. 5. The applicant/owner agrees to install and maintain all proposed landscape material in accordance with Buffer Yard D as defined by Chesapeake Zoning Ordinance Section , shown on the preliminary site plan February 9, 2015 on file with the Planning Department. All such materials shall be approved by the Director of Development and Permits, or their designee prior to the approval of the final site construction plan and shall be installed prior to issuance of a zoning permit/ certificate of occupancy. 6. The applicant/owner agrees to pave and stripe the on-site parking lot to comply with the requirements of the Chesapeake Zoning Ordinance, including but not limited to providing a sign limiting the use of one (1) of the van accessible parking spaces to disabled persons in wheelchairs, prior to the issuance of a zoning permit/certificate of occupancy. The applicant/owner further agrees to obtain all required permits and approvals, prior to the issuance of a zoning permit/certificate of occupancy. 7. If there is a change of use or ownership of the off-site alternative parking location, the applicant/owner shall submit an updated parking plan for the Property which shall be subject to the review and approval by the Director 10

11 of Development and Permits, or their designee, in order for the residential care facility s zoning permit/certificate of occupancy to remain active or this conditional use shall become null and void. 8. The residential care facility shall operate in accordance with the requirements of all other applicable Chesapeake City Code, Zoning Ordinance and State law requirements. APPROVED WITH REVISED STIPULATIONS: (KRASNOFF/DAVIS) (7-1) (de TRIQUET VOTED NO) (WARD ABSTAINED) 1. The applicants/owner agree that the property subject to this use permit, UP-15-15, ( Property ) shall be used as a Residential Care Facility which shall function as a children s home or group foster home as further limited by these stipulations and the proffers in R(C) Residence in the facility shall be limited to no more than 22 children between the ages of 12 and 18; however, during the first year of operation the applicants/owners agree that no more than 16 children will be accepted at the facility. 2. The applicant/owner agrees that the proposed use as a Residential Care Facility, as defined above, will be staffed 24 hours a day, seven (7) days a week by 6 the required number of supervisory adults including a night watchperson pursuant to state licensure requirements. 3. The applicant/owner shall provide two (2) complete sets of architectural sealed and signed plans for review and approval by the Director of Development and Permits, or their designee, prior to the approval of a final site construction plan and issuance of a new zoning permit/certificate of occupancy. 4. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations for the exterior portion of the building. Said elevations shall be subject to the review and approval of the Planning Director, or their designee, prior to final site construction plan approval. 5. The applicant/owner agrees to install and maintain all proposed landscape material in accordance with Buffer Yard D as defined by Chesapeake Zoning Ordinance Section , shown on the preliminary site plan February 9, 2015 on file with the Planning Department. All such materials shall be approved by the Director of Development and Permits, or their designee prior to the approval of the final site construction plan and shall be installed prior to issuance of a zoning permit/ certificate of occupancy. 6. The applicant/owner agrees to pave and stripe the on-site parking lot to comply with the requirements of the Chesapeake Zoning Ordinance, including but not limited to providing a sign limiting the use of one (1) of the van accessible parking spaces to disabled persons in wheelchairs, prior to the issuance of a zoning permit/certificate of occupancy. The applicant/owner further agrees to obtain all required permits and approvals, prior to the issuance of a zoning permit/certificate of occupancy. 11

12 7. If there is a change of use or ownership of the off-site alternative parking location, the applicant/owner shall submit an updated parking plan for the Property which shall be subject to the review and approval by the Director of Development and Permits, or their designee, in order for the residential care facility s zoning permit/certificate of occupancy to remain active or this conditional use shall become null and void. 8. The residential care facility shall operate in accordance with the requirements of all other applicable Chesapeake City Code, Zoning Ordinance and State law requirements. 9. The applicant/owner shall obtain and maintain a license for a children s residential facility from the Virginia Department of Social Services. The state license shall be obtained prior to the commencement of operations. Failure to obtain or maintain the license for a children s residential facility shall constitute grounds for revocation of this conditional use permit, notwithstanding any statutory exemption to which the applicant/owner may otherwise be entitled. 10. The applicant/owner agrees that no child with a record of expulsion from their school may be accepted at the facility. F. R(C) The Arlington at Knell s Ridge APPLICANT: Arlington Properties of Virginia, Inc. AGENCY: Poole Mahoney PC PROPOSAL: A conditional zoning reclassification of 13.1± acres from B-2, General Business District, to R- MF-1, Multifamily Residential District, for construction of 195 residential apartment units. PROPOSED COMP LAND USE / DENSITY: High Density Residential with 15 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 843 Battlefield Blvd, North TAX MAP SECTION/PARCELS: , BOROUGH: Washington The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees that the proposed development shall contain no more than 195 multi-family residential (apartment) units. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,000 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential (apartment) dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contributions 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 12

13 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; Transportation $727; Libraries $351; Emergency Services $ The applicant/owner agrees to dedicate by deed the ultimate right of way width of 160 feet on Battlefield Boulevard and the ultimate right of way width of 120 feet on Oak Grove Road on the property subject to this rezoning. Said dedication shall be at no cost to the City. The alignment of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee. The right of way dedication shall be completed before the approval of a final site plan for the subject property. At any time prior to the approval of the final site plan for the property, the right of way dedication shall be completed at no cost to the City by municipal acquisition plat within 60 days of receipt of a written request by the Director of Development and Permits or designee. 4. A conceptual site plan prepared by Charlan Brock & Associates, Inc. date stamped November 10, 2014 a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. 5. The applicant/owner agrees that all residential buildings shall be substantially similar to the architectural elevations prepared by Charlan Brock & Associates dated February 13, 2015 as determined by the Planning Director or designee. CONTINUED TO JULY 21, 2015 (IKE/WEST) (6-3) (Davis, Krasnoff, and Ritter voted no) 13

14 G. UP The Arlington at Knell s Ridge APPLICANT: Arlington Properties of Virginia, Inc. AGENCY: Poole Mahoney PC PROPOSAL: A conditional use permit to allow a private drive on residentially zoned property to serve commercially zoned property in accordance with Section B(1) of the Zoning Ordinance and to allow for a maximum building height of 60 feet in accordance with Section (B) of the Zoning Ordinance. ZONE: B-2, General Business District (Proposed R-MF-1, Multifamily Residential District in R(C)-14-23) LOCATION: 843 Battlefield Blvd, N TAX MAP SECTION/PARCELS: , The Planning Commission recommended approval with the following stipulation: The applicant/owner agrees that the maximum height of all structures on the subject property shall be 60 feet. CONTINUED TO JULY 21, 2015 (IKE/WEST) (6-3) (Davis, Krasnoff and Ritter voted no) H. R(C) Ida Gardens Rezoning APPLICANT: Maurice Robert McKenney AGENCY: American Engineering Associates-Southeast, PA PROPOSAL: A conditional zoning reclassification of a 3.17± acre portion of a 7.15± acre development (two adjoining parcels) from M-1, Light Industrial District (3.17± acres) to R-10s, Residential District (3.17± acres). PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre LOCATION: 809 and 817 Bells Mill Rd TAX MAP SECTION/PARCELS: and BOROUGH: Pleasant Grove (Continued from the April 21, 2015 City Council meeting) The Planning Commission s recommendation of approval failed. The applicant submitted revised proffers April 20, 2015: 1. A conceptual site plan prepared by American Engineering Associates and entitled Conceptual Plan of Ida Gardens, dated March 3, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. 14

15 2. The applicant/owner agrees that one-story dwellings shall have a minimum of two thousand (2,000) square feet of heated living space, and two-story dwellings shall have a minimum of twenty-three hundred (2,300) square feet of heated living space. 3. The applicant/owner agrees that the total number of lots developed on Tax Parcels and , including those portions already zoned R-10s prior to R(C)-14-31, shall not exceed 16. DENIED (KELLY/WARD) (8-1) (IKE VOTED NO) I. R(C) Johnstown Road Rezoning APPLICANT: VLP Associates, LLC AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC PROPOSAL: A conditional zoning reclassification of an 8.4± acre parcel dual-zoned A-1, Agricultural District and R-15s, Residential District, to R-10s, Residential District, to construct 22 single-family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre LOCATION: West side of Johnstown Rd TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees to make a cash contribution the City of Chesapeake for capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $4, 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 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, $1,591; Transportation, $1,454; Libraries $570; Emergency Services $ The applicant/owner agrees that the total number of residential units on the property subject to this rezoning, R(C)-15-03, shall not exceed twentytwo (22) units. 3. The applicant/owner agrees that the single-family detached dwellings shall have a minimum square footage of 2,000 square feet for a one story house and 2,400 square feet for a two story house. The applicant/owner 15

16 further agrees to the following conditions as detailed in this proffer and agrees that these conditions are subject to the review and approval of the Director of Planning or designee. a. Siding materials shall consist of brick, stucco, cementitious siding, stone, and/or premium vinyl (minimum 0.044' thickness). Brick and stone as used in the foregoing shall mean individual, layed-up masonry and not simulated or panelized product. b. Two siding materials may be used, however, one siding material must compromise at least 75% of the exterior surface and the second siding material will be considered accent. c. All roof shingles shall be architectural grade (25 year minimum; not single-layer, '3-tab'). d. Foundations shall be crawl or 16 inch raised slab (finished floor at least 16" above outside grade) with brick skirts that are required on the front and two sided of the house. The applicant/owner shall provide a sample of all of the proffered architectural materials to the Director of Planning or designee for review and approval prior to final site or subdivision plan approval. e. The applicant/owner agrees that all dwelling units shall be constructed substantially in conformance with the elevations dated March 24, 2015 on file with the Planning Department. 4. The applicant/owner agrees that the single-family detached dwellings shall have a minimum square footage of 2,000 square feet for a one story house and 2,400 square feet for a two story house. The applicant/owner further agrees to the following conditions as detailed in this proffer and agrees that these conditions are subject to the review and approval of the Director of Planning or designee. Siding materials shall consist of brick, stucco, cementitious siding, stone, and/or premium vinyl (minimum 0.044' thickness). Brick and stone as used in the foregoing shall mean individual, layed-up masonry and not simulated or panelized product. Two siding materials may be used, however, one siding material must compromise at least 75% of the exterior surface and the second siding material will be considered accent. All roof shingles shall be architectural grade (25 year minimum; not single-layer,"3-tab'). Foundations shall be crawl or 16 inch raised slab (finished floor at least 16" above outside grade) with brick skirts that are required on the front and two sided of the house. The applicant/owner shall provide a sample of all of the proffered architectural materials to the Director of Planning or designee for review and approval prior to final site or subdivision plan approval. The applicant/owner agrees that all dwelling units shall be constructed substantially in conformance with the elevations dated March 24, 2015 on file with the Planning Department. 16

17 5. A conceptual site plan prepared by Parrish Layne Design Group and entitled Conceptual layout for VLP Associates, LLC, Tax Parcel , Pleasant Grove Borough, Chesapeake, Virginia, date stamped March 24, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. However, the applicant/owner agrees to provide connectivity as generally shown on the conceptual plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. MOTION TO APPROVE FAILED (WARD/IKE) (4-5) (Davis, de Triquet, Krasnoff, Kelly and Ritter voted no.) J. R(C) Battlefield Boulevard, North APPLICANT: David and Janet Swinehart PROPOSAL: A conditional zoning reclassification of approximately 0.33± acres from R-15s, Residential District to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Office EXISTING COMP LAND USE / DENSITY: Office LOCATION: 1137 Battlefield Blvd, N TAX MAP SECTION/PARCEL: BOROUGH: Washington The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees that the existing driveway apron shall be removed and that the proposed drive aisle and parking on the subject property shall be constructed as shown on the rezoning exhibit date stamped February 9, 2015, on file with the Planning Department. Said construction shall be subject to the review and approval of the Director of Development and Permits or designee and completed prior to the issuance of a Certificate of Occupancy. 2. The applicant/owner shall record an ingress/egress easement, on a form acceptable to the City Attorney, across the rear of the subject property to the property line of adjacent abutting parcels as shown on the rezoning exhibit date stamped February 9, 2015, on file with the Planning Department prior to final site plan approval. Said ingress/egress easement shall be consistent with the Access Plan approved by City Council on January 20, 2004, with application, R(C)-03-24, Halyard & Associates, as determined by the Director of Development and Permits or designee. 17

18 3. The applicant/owner shall record a non-ingress/egress easement along the subject property s entire parcel frontage with Battlefield Boulevard, on a form acceptable to the City Attorney, prior to final site plan approval. 4. The applicant/owner agrees to limit the use of the subject property to office uses, only. 5. The applicant/owner agrees that the exterior of the existing building on the subject property shall retain a residential character as determined by the Director of Planning or designee. The applicant/owner also agrees that any modifications to the existing building or any newly constructed building shall contain architectural features consistent with a residential structure as determined by the Planning Director or designee. 6. The applicant/owner agrees to limit total signage on the subject property to no more than one freestanding, monument-style sign that is no more than thirty-six square feet in area. 7. A conceptual site plan prepared by Horton & Dodd, PC and entitled Exhibit to Accompany Rezoning Exhibit for 1137 Battlefield Boulevard, North, date stamped February 9, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. CONTINUED TO MAY 26, 2015 (RITTER/WEST) (8-0) (Kranoff abstained) K. UP Bainbridge Recycling APPLICANT: Bainbridge Recycling, Inc. PROPOSAL: A conditional use permit to operate a Concrete and Material Crushing Facility. ZONE: M-3, Waterfront Industrial District LOCATION: 5360 Bainbridge Blvd TAX MAP SECTION/PARCEL: BOROUGH: Washington The Planning Commission recommended approval with the following stipulations: 1. The subject conditional use permit approval shall be limited to a Concrete and Material Crushing Facility, which is an operation that uses machinery to crush or alter the physical state of concrete, brick or similar material as determined appropriate by the Director of Development and Permits or designee. This use permit does not allow the recycling and processing of any other 18

19 materials, except for metals that are incidental to the permissible materials brought to the site. 2. The subject conditional use permit approval shall be limited to that portion of Tax Parcel # east of the existing railroad tracks, as shown on the preliminary site plan date stamped March 18, 2015, on file with the Planning Department. 3. A watering truck or similar equipment shall be on site at all times during operation of the concrete and material crushing machinery. The applicant shall water the site on an as needed basis to control dust and other air borne particulate matter to the greatest extent possible. 4. The applicant shall complete the entrance improvements to the northern entrance as shown on the Site Construction Plan for Calcagni Waterfront AC# approved on June 21, 2013, prior to issuance of the Certificate of Occupancy. A final site construction plan shall be required to indicate current survey and entrance conditions. 5. The applicant shall obtain all required federal, state and local permits prior to the issuance of a Certificate of Occupancy. APPROVED WITH STIPULATIONS (de TRIQUET/WEST) (9-0) 6. DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY B. CONSENT AGENDA City Manager Item 1. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT A LETTER OF INTEREST TO OBTAIN A $75, GRANT FROM THE VIRGINIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR THE PURPOSE OF FUNDING A COMPREHENSIVE TELECOMMUNICATIONS PLAN TO DEPLOY A COMMUNITY BROADBAND NETWORK IN THE CITY OF CHESAPEAKE OFFICE OF THE CITY MANAGER/DEPARTMENT OF INFORMATION TECHNOLOGY APPROVED (WARD/deTRIQUET) (9-0) 7. UNFINISHED BUSINESS 8. NEW BUSINESS 9. CLOSED SESSION 10. ADJOURNMENT 10:46 P.M. 19