C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA

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1 C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA March 20, :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: No Work Session 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/TV. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television as well as CityofChesapeake.net/TV 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. Speaker Cards will be accepted for the Council Meeting up until 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. or 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. Non-Agenda speakers are included at the first and third City Council meetings. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD. 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 SILENCE 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 March 20, :30 P.M. City Hall Council Chamber 306 Cedar Road 1. INVOCATION 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. PUBLIC HEARING APPLICANTS, AGENTS AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS COUNCIL S CONSIDERATION OF THE PLANNING PUBLIC HEARING ITEMS A. PLN-TXT CZO: Sign Regulations An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, Section 3-403; Article 6, Section ; Article 7, Section 7-512; Article 10, Section and ; Article 11, Sections and ; Article 12, Sections , , and ; Article 13, Sections and ; Article 14, Sections , and through ; Article 16, Section ; Article 19, Section ; Article 20, Section and enacting Article 14, Section , to amend the provisions referencing signs to be in compliance with constitutional requirements and to amend other sections to update references to maintain consistency. PHASE 4 An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, entitled Interpretation and Definitions, Section 3-403; Article 6, entitled Residential Districts, Section ; Article 7, entitled Business Districts, Section 7-512; Article 10, entitled Conservation and Agricultural Districts, Sections and ; Article 11, entitled Planned Unit Development Districts, Sections and ; Article 12, entitled Special Overlay Districts, Sections , , and ; Article 13, entitled Supplemental Regulations, Section ; Article 14, entitled Accessory Uses and Structures, Sections , , , , and ; Article 16 entitled Zoning Amendments; Conditional Zoning, Section ; Article 19, entitled Parking and Traffic Circulation Area Design, Section ; Article 20, entitled Administration, Enforcement, Variances and Other Relief, Section ; to update citations to the Virginia Code, clarify which types of signs shall be considered permanent signs to maintain consistency, correct clerical errors and remove content-based sign names to comply with constitutional requirements. B. PLN-REZ CRMC Hanbury Road APPLICANT: Chesapeake Hospital Authority, dba Chesapeake Regional Medical Center PROPOSAL: A conditional zoning reclassification of approximately 1.44 acres from B-1, Neighborhood 2

3 Business District (1.16 acres) and R-10s, Residential District (.28 acre) to O&I, Office and Institutional District for a medical care facility and medical offices. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial and Low Density Residential/less than 4 du/acre LOCATION: 1034 Battlefield Boulevard South TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (Continued from the December 19, 2017 City Council Meeting) The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees to dedicate one-half of the ultimate 4-lane rightof-way (or 25, if approved by the Director of Development and Permits) along the property s frontage with Hanbury Road in accordance with the 2050 Master Transportation Plan. The alignment and sufficiency of the dedication shall be subject to the review and approval of the Director of Development and Permits or designee. This dedication shall be recorded or filed for recording prior to approval of a final site construction plan. 2. The applicant/owner acknowledges and understands that Hanbury Road will likely become a divided roadway and further acknowledges and understands how that will affect the property subject to this rezoning. If and when the divided roadway is established on Hanbury Road, the site ingress/egress will be limited to a, "right-in, right-out" condition, unless a median break location happens to coincide with the location of an entrance to the site. The applicant/owner acknowledges and understands the impacts of this condition and agrees that no claim of damages or compensation will be sought. C. PLN-USE CRMC Hanbury Road APPLICANT: Chesapeake Hospital Authority, dba Chesapeake Regional Medical Center PROPOSAL: A conditional use permit to allow a Medical Care Facility including the following items: Urgent Care Center and Specialized Facilities, including Computed Tomography, or CT, Magnetic Resonance Imaging, or MRI, as well as ultrasonography, bone densitometry, mammography and other radiography on a 1.44 acre parcel. ZONE: R-10s, Residential District and B-1, Neighborhood Business District LOCATION: 1034 Battlefield Boulevard South TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (Continued from the December 19, 2017 City Council Meeting) The Planning Commission recommends approval with the following stipulations and amended stipulation #3: 1. This use permit shall be limited to a Medical Care Facility consisting of an Urgent Care Center and Specialized Facilities, including Computed Tomography ( CT ), Magnetic Resonance Imaging ( MRI ), ultrasonography, bone densitometry, mammography and other radiography. 2. The applicant/owner shall provide a dumpster on site, which shall be located and screened in accordance with Section of the Zoning Ordinance. The dumpster location shall be shown on the final site plan and shall be provided prior to issuance of a certificate of occupancy. 3. Hours of operation shall be limited to 7 am 8 am to 11 pm 8 pm. 3

4 D. PLN-REZ Coleman Farms Proffer Reconsideration APPLICANT: Bribra Acquisitions Corp AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A revision to the proffers for R(C) to remove the limit on the number of units that can be rented in Coleman Farms, a 216 unit condominium community on 18.1 acres zoned R-MF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential/ 11.9 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Medium Density Residential/ 11.9 dwelling units per acre LOCATION: East of the southern terminus of Miller Avenue TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued from the January 16 and February 20, 2018 City Council meetings) The Planning Commission recommends approval with the following proffers: 1. The owner / applicant agrees that the total number of residential units resulting from this application shall not exceed (216) two hundred sixteen. 2. a. In consideration of providing 216 affordable multi-family dwelling units to the City of Chesapeake, the applicant / owner agrees to make a cash contribution to the City of Chesapeake for the construction or expansion for the public school facilities, including but not limited to, land acquisition for additional classroom space, in the school planning district in which the subject property is located. The amount of the cash contribution shall be $3, per residential dwelling unit shown on the approved final site plan. The cash contribution shall be paid to the City at the time of building permit issuance for each residential structure. The cash contribution shall be deposited into the City of Chesapeake s school lock box, also known as the General Fund Reserve for School Capital Construction Costs, for the affected school district and shall be subject to City Council approval prior to appropriation. b. 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 voluntary cash contribution shall be $ per residential dwelling unit. The applicant / owner agrees to make the proffered cash contribution at the time of building permit issuance for each residential structure. c. 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 residential dwelling unit. The applicant / owner agrees to make the proffered cash contribution at the time of building permit issuance for each residential structure. 4

5 3. a. The owner / applicant agrees that it shall record a (5) foot vehicular non-ingress / egress easement along its northern, southern and western boundaries as generally shown on the rezoning exhibit dated April 11, Such easement shall not preclude emergency response and / or City Vehicles from utilizing the gated access at Miller Avenue as also shown on the rezoning exhibit dated April 11, 2008 and shall be recorded by plat in the Office of the Clerk of the Court prior to final site plan approval. b. The owner / applicant agrees that it shall provide two points of unrestricted access and one point of restricted access to the subject property in accordance with a Public Works approved access management plan prior to the first Certificate of Occupancy for a residential unit resulting from this application. c. The owner / applicant further agrees that it shall obtain sufficient easement rights from the adjacent Eastwyck Village apartment complex for ingress / egress to College Park Boulevard prior to final site plan approval. 4. a. The owner / applicant agrees that the residential improvements resulting from this application shall be substantially similar in appearance to the exhibits dated December 27, 2007 as approved by the Director of Planning or designee. b. The owner / applicant agrees that the primary materials to be used on the front, sides and rear of all residential structures shall consist of brick, masonry (stone), Nailite, beaded lap, or substantially similar material, with the exception that accents, gables, bay windows, and other design or ornamental features may consist of EIFS, wood materials or cement based materials. Such material shall be presented to and accepted by the Planning Director or Designee prior to final construction plans approval. 5. a. The owner / applicant agrees that the residential units resulting from this development after initial construction shall be condominiums for sale. b. The owner / applicant agrees that it shall include as a term of its Declaration of Condominium Association Bylaws that the number of units that may be offered by any future owner for rental shall not exceed thirty-five percent (35%) of the total number of units at any given time, except such limitation shall not apply to dwelling units subject to U.S. Department of Veteran s Affairs financing, and that any amendment to such provision shall require a 67% majority vote by the owners of the units. Prior to the issuance of the first certificate of occupancy for any dwelling unit, the owner / applicant agrees to submit to the Zoning Administrator a copy of Condominium Documents approved by the Virginia Common Interest Community Board Condominium Documents incorporating this Proffer 5.a. 6. The owner / applicant agrees to establish a 15 ft. modified buffer type C adjacent to the Virginia Power easement as generally shown on the rezoning exhibit dated April 11, Sidewalks shall be permitted within 5

6 said buffer and berming/ fencing shall not be required. 7. The owner / applicant agrees to establish a 25 ft. modified buffer type C where it shares a common boundary with those residential properties which front on Miller Avenue. Existing vegetation within said buffer shall be preserved where practical and improved with vinyl privacy fence with and overall height of 6 ft. at the property line as generally shown on the rezoning exhibit dated April 11, The applicant submitted the following revised proffers on February 20, 2018: 5. a. The owner / applicant developer agrees that the residential units resulting from this development after initial construction shall be condominiums for sale. b. The owner / applicant developer agrees that it shall include as a term of its Declaration of Condominium Association Bylaws that the number of units that may be offered by any future owner for rental shall not exceed fifteen thirty-five percent (135%) of the total number of units at any given time, except such limitation shall not apply to dwelling units subject to U.S. Department of Veteran s Affairs financing, and that any amendment to such provision shall require a 67% majority vote by the owners of the units. Prior to the issuance of the first certificate of occupancy for any dwelling unit, the owner / applicant agrees to submit to the Zoning Administrator a copy of Condominium Documents approved by the Virginia Common Interest Community Board Condominium Documents incorporating this Proffer 5a. E. PLN-USE Elkhart Adult Care APPLICANT: Travis Johnson OWNER: Tymar, LLC PROPOSAL: A conditional use permit to allow group housing for the elderly on a 0.56 acre parcel. ZONE: O&I, Office and Institutional District LOCATION: 2610 Elkhart Street TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner shall meet with the City s Landscape Coordinator onsite to enable the Landscape Coordinator to determine if any additional landscaping is required by the Zoning Ordinance. If the Landscape Coordinator determines that additional landscaping is required, the owner/applicant shall submit a Landscape Plan which shall be subject to the review and approval of the Landscape Coordinator. Any required plantings shall be installed prior to the issuance of a Certificate of Occupancy. 2. The applicant/owner shall submit a plat vacating all interior lot lines to the Planning Department in accordance with Chapter 70 City Code. Such plat shall be subject to the review and approval of the Director of Planning or designee and shall be recorded in the land records of the City of Chesapeake s Clerk of Circuit Court prior to the issuance of a Certificate of Occupancy. 3. The applicant/owner shall install and maintain adequate screening to minimize glare from stationary and vehicular lights in the parking areas onsite. Such screening shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior 6

7 to the Certificate of Occupancy. 4. The applicant/owner shall provide evidence and receive a written determination from the Zoning Administrator concluding that the nonconforming setbacks existing on the property are lawfully nonconforming prior to the issuance of a Certificate of Occupancy. 5. The applicant/owner shall install a backflow preventer on all domestic systems, subject to the review and approval of the Director of Public Utilities or designee, prior to the issuance of a Certificate of Occupancy. F. PLN-USE Medlin Dog Grooming APPLICANT: Amanda C. Medlin OWNER: Timothy A. Medlin PROPOSAL: A conditional use permit for a Level II Home Occupation to operate a dog grooming business. ZONE: R-15s, Residential District LOCATION: 1145 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The applicant submitted a letter for withdrawal on February 20, G. PLN-USE SouthSide RV Center APPLICANT: Recreation Custom RV Rebuilders Inc. dba SouthSide RV Center PROPOSAL: A conditional use permit to allow a RV Dealership with service, storage and parts sales on a 2.93 acre parcel and approval of an alternative parking surface. ZONE: M-1, Light Industrial District LOCATION: 1828 South Military Highway TAX MAP SECTION/PARCEL: BOROUGH: Washington The Planning Commission recommends approval with the alternative parking surface. H. PLN-USE Dunston Day Care APPLICANT: Richard & Eartherdell Dunston PROPOSAL: A conditional use permit to operate a child care facility as a Level II Home Occupation. ZONE: R-15s, Residential District LOCATION: 709 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission recommends approval with the following stipulations: 1. The applicants/owners agree that the child care facility shall not provide care for more than eight (8) children at any one time, including children that reside in the home. 2. The applicants/owners agree to operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and State law. 3. The applicants/owners agree that the child care facilities hours of operation shall be between 6:00 A.M. to 7:00 P.M., Monday through Friday. 4. The applicant/owner agrees that the home occupation shall not have any employees/volunteers not living in the home on the premises at any time. 5. This conditional use permit approval is limited to the applicant only. I. PLN-USESW Hampton Roads Material Recovery Facility APPLICANT: Waste Management of Virginia, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a solid waste management facility providing resource recovery, including requests for setback reductions. ZONE: M-1, Light Industrial District LOCATION: 3016 Yadkin Road TAX MAP 7

8 SECTION/PARCEL: BOROUGH: Deep Creek The Planning Commission recommends approval with the requested setback reductions and the following stipulations: 1. The applicant/owner proposes to operate a solid waste management facility, the Hampton Roads Material Recovery Facility ( HRMRF ), on the property subject to this conditional use permit ( property ). The applicant/owner agrees that this conditional use permit shall be limited to : 1) commercial solid waste as defined in 9 VAC ; 2) waste from multifamily, condominium, and home owner association developments; 3) commercial and industrial recyclables; and 4) construction demolition debris (all of which shall hereinafter be referred to as materials ). No other solid waste management operations or facilities other than those shown on the preliminary site plan entitled, Hampton Roads Material Recovery Facility, date received January 19, 2018 shall be permitted on the property subject to this conditional use permit. 2. The applicant/owner agrees that no more than eight hundred (800) tons of material shall be collected and transported to the property each day. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 3. The applicant/owner agrees that the collection and sorting of all materials shall occur inside of the building identified as Proposed MRF on the preliminary site plan entitled, Hampton Roads Material Recovery Facility, date received January 19, The applicant/owner further agrees that there shall be no permanent storage or final disposal on site. Further, there shall be no outside storage of materials other than those materials that have been separated for recycling. Materials that have been separated for recycling may be stored overnight in the Proposed MRF building and/or in covered transfer trailers pending transportation to permitted offsite facilities. Any recycled materials stored in covered transfer trailers pending transportation may be temporarily stored on site for no more than fourteen (14) days. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 4. The applicant/owner agrees that the Proposed MRF building referenced above shall be constructed and maintained with a reinforced concrete floor with surface drains to direct leachate or other waste liquids to a public sewer service connection. Said drains shall be installed and be in compliance with all applicable City and HRSD regulations, as determined by the Directors of Public Works and Public Utilities or designee, prior to commencement of operations. 5. All waste materials accepted at the facility shall be limited to the following Virginia cities and counties: Norfolk, Chesapeake, Virginia Beach, Portsmouth, Suffolk, Isle of Wight and Southhampton. No out-of-state waste shall be accepted at the facility. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon

9 request. 6. The applicant/owner agrees that waste materials that cannot be recycled shall be disposed of at a lawful disposal facility. No waste shall be disposed of in the Northwest River Watershed Protection District, as amended from time to time by the Chesapeake City Council, or outside of Virginia. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 7. Prior to final site plan approval, the applicant/owner agrees to submit an odor control plan that reflects best management practices. The odor control plan shall be subject to the review and approval of the Director of Public Works or designee and shall, at a minimum, include the installation of a deodorizing system that sprays and neutralizes odors in the Proposed MRF building. Said odor control plan shall be fully operational, as determined by the Director of Public Works or designee, prior to the issuance of a certificate of occupancy and such plan shall be maintained for the duration of the use. 8. Prior to final site plan approval, the applicant/owner agrees to submit a litter control plan detailing the procedure for the daily collection and removal of any onsite and offsite debris. Such litter control plan shall be subject to the review and approval of the Director of Public Works or designee, shall be implemented immediately upon commencement of operations and shall be followed for the duration of the use. 9. Prior to final site plan approval, the applicant/owner agrees to submit a vector control plan for daily site inspection and removal of vector attraction (e.g., standing water) to the Zoning Administrator and Health Department. The vector control plan shall be subject to the review and approval of the Zoning Administrator and the Health Department, shall be implemented immediately upon commencement of operations and shall be followed for the duration of the use. 10. Excepting incidental hazardous waste that is inadvertently placed in the waste stream, no hazardous waste shall be brought on site or processed at the HRMRF facility. Prior to final site plan approval, the applicant/owner shall submit a hazardous waste and incidental hazardous waste control plan which shall be subject to the review and approval of the Director of Public Works. Once approved, the plan shall be installed and be fully operational prior to the commencement of operations. For purposes of this stipulation, the following definitions shall apply: 1) hazardous waste shall include any waste that meets the definition of hazardous waste put forth in Chapter 62 of the Chesapeake City Code; and 2) incidental hazardous waste shall include hazardous waste that is accidentally or intentionally disposed of in the waste stream, as determined by the Director of Public Works or designee. 11. The applicant/owner shall obtain all local, state and federal permits required by this use, including but not limited to, all permits and approvals required by Chesapeake Bay Preservation Act ordinance and all DEQ Air and Waste Permits, required for operation of the facility. The applicant/owner shall then submit a signed, written declaration certifying their completion and 9

10 compliance with this stipulation, along with copies of all required permits and approvals to the Zoning Administrator prior to the issuance of a certificate of occupancy. 12. The applicant/owner agrees that no motor truck of a rated capacity of one and one-half tons or over that is traveling to or departing from this solid waste management facility shall travel on, operate or otherwise use Galberry Road in the City of Chesapeake. J. PLN-TXT Group Housing for the Elderly An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 13, Section , to require that group housing for the elderly facilities in the Office and Institutional District consist of assisted living and/or independent living components, to define assisted living and independent living, and to require a preliminary site plan with certain requirements be submitted as part of a conditional use permit application for a group housing for the elderly facility in the Office and Institutional District. The Planning Commission recommends approval version dated February 7, COUNCIL S CONSIDERATION OF THE NON-PLANNING PUBLIC HEARING ITEM K. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH LAND OF PROMISE FARMS PARTNERSHIP, FOR APPROXIMATELY ACRES OF LAND OWNED BY THE CITY OF CHESAPEAKE, LOCATED AT 2500 LAND OF PROMISE ROAD 6. DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY 7. UNFINISHED BUSINESS 8. NEW BUSINESS A. CONSIDERATION OF A REQUEST FOR MODIFICATION OF PROFFER FOR DAVE S CABINETS, L.L.C. R(C)14-11 B. RESOLUTION REQUESTING THE CHESAPEAKE PLANNING COMMISSION TO CONSIDER AND MAKE RECOMMENDATIONS CONCERNING PROPOSED AMENDMENTS TO ARTICLE 20 OF THE CHESAPEAKE ZONING ORDINANCE, ENTITLED ADMINISTRATION, ENFORCEMENT, VARIANCES, AND OTHER RELIEF TO AUTHORIZE THE ZONING ADMINISTRATOR TO ISSUE A STOP WORK ORDER REQUIRING IMMEDIATE COMPLIANCE WITH THE ZONING ORDINANCE 9 CLOSED SESSION 10. ADJOURNMENT 10