Draft Public Hearing Agenda February 21, 2017

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1 Draft Public Hearing Agenda February 21, 2017 A. R(C) Gray s Pointe APPLICANT: Coastal Virginia Developers AGENT: Site Selection & Design, LLC PROPOSAL: A conditional zoning reclassification of 22.51± acres from A-1, Agricultural District (19.47 acres) and R-15s, Residential District (3.05± acres), to R-15s. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with approximately 2.27 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4905, 5116 & 5117 Charlton Drive TAX MAP SECTION/PARCELS: , & BOROUGH: Western Branch (Continued from the November 15, 2016 and the January 17, 2017 City Council meetings) Staff recommends denial. Planning Commission recommends approval with the following proffers: 1. The applicant/owners shall, at their own cost and expense, extend the existing 60 foot right-of-way at the terminus of Willow Lake Drive eastward to connect with the existing 60 foot right-of-way terminus on David s Mill Drive. Said rightof-way extension shall be subject to the review and approval of the Director of Development and Permits or designee and shall be recorded by plat in the office of the Clerk of the Court with the initial subdivision plat for this development. The applicant/owners further agree that the right-of-way improvements to connect Willow Lake Drive to David s Mill Drive shall be constructed or bonded for construction and the road connection open to traffic, in accordance with a Department of Development & Permits approved plan, prior to issuance of the 11th Certificate of Occupancy for a residential dwelling. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be $4, per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a Certificate of Occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake s lock box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be pro-rated in recognition of the three residential dwellings existing on the property at the 1

2 time of application. The applicant submitted the following revised proffers on October 24, 2016: 1. The applicant/owners shall, at their own cost and expense, extend the existing 60 foot right-of-way at the terminus of Willow Lake Drive eastward to connect with the existing 60 foot right-of-way terminus on David s Mill Drive. Said rightof-way extension shall be subject to the review and approval of the Director of Development and Permits or designee and shall be recorded by plat in the office of the Clerk of the Court with the initial subdivision plat for this development or within thirty days of receiving a written request for such rightof-way dedication from the Director of Development & Permits, whichever occurs first. The applicant/owners further agree that the right-of-way improvements to connect Willow Lake Drive to David s Mill Drive shall be constructed or bonded for construction and the road connection open to traffic, in accordance with a Department of Development & Permits approved plan, prior to issuance of the 11th Certificate of Occupancy for a residential dwelling. 2. The applicant/owners 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 $4, per residential dwelling unit. The applicant/owners agree to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit. The applicant/owners acknowledge and agree that the cash contribution may be deposited into the City of Chesapeake's lock box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be pro-rated in recognition of the three residential dwellings existing on the property at the time of the application. The cash proffer shall be allocated as follows: Schools $1,591; Transportation $1,454; Libraries $570; Emergency Services $385. B. PLN-REZ Chesapeake RV Solutions APPLICANT: Woodstock Camp LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 5.28 acres from A-1, Agricultural District, to B-2, General Business District, to construct a Recreational Vehicle sales and service facility. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial ZONING MAP LOCATION: North side of Hillcrest Parkway east of the Chesapeake Expressway TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued from the January 17, 2017 City Council meeting) 2

3 The Planning Commission and staff recommend approval with the following proffers: 1. The applicant/owner agrees that the principal building shall be substantially similar, as determined by the Planning Director or designee, to the Proposed Elevations for Chesapeake RV Solutions dated April 7, 2016 on file with the Chesapeake Planning Department. 2. The applicant/owner agrees to record a vehicular non-ingress/egress easement along the property s frontage along Hillcrest Parkway except for the approved entrance on Hillcrest Parkway. The alignment and sufficiency of the easement shall be subject to the approval of the Director of Development and Permits or designee, and shall be recorded, on forms acceptable to the City Attorney, before the issuance of a final site construction plan approval. 3. The applicant/owner agrees to record a minimum 30-foot cross reciprocal access easement connecting the property subject to this rezoning and tax parcel # to a shared access to Hillcrest Parkway as depicted on the rezoning exhibit dated November 22, 2016 prior to the issuance of a final site construction plan approval. The easement area shall not be encumbered in a manner that prevents or restricts its intended use as set out in this proffer. Furthermore, the applicant/owner agrees to relocate its entrance to connect with the reciprocal easement as depicted on the rezoning exhibit dated November 22, 2016 and shall make the entrance relocation improvements within 6 months after the issuance of a written notice of proceed from the Director of Development and Permits, or designee. The applicant/owner agrees to bear the costs of the relocated entrance. The relocated easement shall be recorded before the prior to final site construction plan approval on forms acceptable to the City Attorney. 4. The applicant/owner agrees that the use of the subject property shall be limited to Recreational Vehicle Dealers (SIC 556) and associated service and repairs. 5. The applicant/owner agrees to provide for the installation of a traffic signal at the intersection of Hillcrest Parkway and the entrance to Edinburgh East in accordance with the following: a. The traffic signal, including design, installation and associated restriping of Hillcrest Parkway, shall be subject to the review and approval of the Director of Development and Permits and shall be completed before the issuance of a certificate of occupancy for the principal building on the subject property. b. The applicant/owner, or its assign, shall be entitled to all other proffered pro rata payments for the installation of the traffic signal to the extent they are collected by the City and made available for distribution, as determined by the Director of Development and Permits or designee. 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 3

4 signal. The City of Chesapeake shall not be obligated in any manner with respect to this proffer. 6. The conceptual site plan submitted by Hassel and Folkes and dated November 22, 2016, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor shall any cause of action arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously file conceptual site plan. C. PLN-USE Chesapeake RV Solutions APPLICANT: Woodstock Camp LLC AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a Recreational Vehicle sales and service business on approximately 5.28 acres. ZONE: A-1, Agricultural District ZONING MAP LOCATION: North side of Hillcrest Parkway east of the Chesapeake Expressway TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued from the January 17, 2017 City Council meeting) The Planning Commission and staff recommend approval with the following stipulation: 1. The applicant/owner agrees to maintain a natural wooded buffer around the perimeter of the site in perpetuity, as shown on the Preliminary Site Plan dated November 22, *Note this use permit has a correlating rezoning with related proffers. See PLN- REZ D. PLN-USE Southern Pines Borrow Pit APPLICANT: Vico Construction Corporation. AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional use permit to allow an extension of time for the excavation of an existing borrow pit for an additional seven (7) years. The applicant also seeks the reduction in setback from residential uses from 1000 feet to 250 feet to be reapproved. ZONE: B-2, General Business District; R-15s, Residential District; M-1, Light Industrial District and O&I, Office and Institutional District. ZONING MAP LOCATION: 4076 South Military Highway. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Continued from the January 17 and the January 24, 2017 City Council meetings) 4

5 The Planning Commission and staff recommend approval with the reduction in setback from residential uses from 1,000 feet to 250 feet and 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 Year s 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, whichever 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 restrict all truck traffic from utilizing the old Virginia railway overpass on Military Highway west of this application. 5. The owner/applicant shall install a monitoring well on the subject property within the vicinity of Biernot Avenue within 90 days of City Council approval of this application at a location approved by the Director of Public utilities or designee. Such well shall be installed to a minimum depth of 65 feet and constructed for the purpose of monitoring the depth of the water table. The applicant/owner shall inspect the well on a monthly basis and provide the test results in writing to the Director of Public Utilities. In the event that the Director of Public Utilities or designee determines that the test results or other information indicate negative impacts on the water table, the Director or designee may order that excavation and dewatering cease immediately. The owner/applicant shall continue monitoring until restoration of the borrow pit has been completed. 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 5

6 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 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, at no cost to the City of Chesapeake. 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 6

7 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 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 located at the southern boundary of the subject property to the Norfolk & Southern Railroad until final restoration of the borrow pit is complete. Maintenance shall include clearing and cleaning of the ditch and maintenance strip. The Director of Public Works or designee shall determine at the final inspection whether the grade of the ditch is at least equal to the grade depicted on Southern Pines Borrow Pit Phase II Site Plan (AC# ). 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. 7

8 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 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. 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 de-watering the borrow pit when the Director of Public Works or designee determines there is the potential to adversely impact the Sunray Outfall operation. 21. The applicant/owner agrees to ensure that an approximate 6,685 linear foot section of the Norfolk & Southern Railroad ditch, commencing at its intersection with the Colony Manor ditch and proceeding eastward to the twin culverts under the railroad, be cleared and cleaned on a one-time basis under the supervision of the Chesapeake Department of Public Works. The applicant/owner shall obtain necessary drainage easements from the affected property owners in accordance with the City s Master Drainage Plan for funds and credits available for master drainage improvements. For purposes of this stipulation, cleaning and clearing shall include the removal of fallen and accumulated natural woody debris, trees, stumps, rubbish, and nonauthorized man-made structures within the flow line of the outfall (e.g., shopping carts, foot-bridges, or similar unnaturally created debris). In no event shall cleaning and clearing activities consist of excavation of accumulated sediments changing the dimensions of the drainage facility, fill within the flow line of the ditch or wetlands or the removal of root stock. Notwithstanding anything to the contrary herein, obvious high spots/humps/sand bars along the flow line of the ditch shall be removed to prevent the mobilization of accumulated sediment. The intent of this stipulation is to enhance the existing flow of the Norfolk Southern Ditch by removing obvious obstructions to the flow and does not constitute a re-grading of the ditch section. Said 6,685 linear feet of the proposed ditch cleaning is shown on the attached exhibit entitled Proposed Drainage Easement Area for Cleaning and Clearing and dated August 27, The pit will not be excavated below the elevation of 28 ft. below sea level until the permanent drainage easement is acquired, and the railroad ditch is cleared and cleaned, along the 6,685 ft. maintenance strip, as approved by the City. No easements shall be acquired or cleaning and clearing of the proposed drainage area shall 8

9 commence until this application has been approved by the Chesapeake City Council. E. PLN-USE Tidewater Tank Terminal APPLICANT: Tidewater Tank Terminal, LLC PROPOSAL: A conditional use permit for a Solid Waste Management Facility to allow a transportation terminal handling non-hazardous liquid leachate originating from a landfill, including requests for setback reductions. ZONE: M-2, General Industrial District LOCATION: 1324 McCloud Road TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued from the January 17, 2017 City Council meeting) The Planning Commission and staff recommend approval with the setback reductions requests and the following stipulations: 1. The owner/applicant agrees that this Solid Waste Management Facility shall operate as a transportation terminal, as defined by the Solid Waste Management Ordinance, and that the use shall be limited to the temporary storage and transfer of non-hazardous leachate originating from a landfill. Further, there shall not be any outdoor storage of the leachate or permanent disposal on the site. 2. The owner/applicant agrees that all leachate shall be transported on land in sealed containers or sealed tanker trucks and by sea in vessels designed for the secure transport of leachate. 3. The owner/applicant agrees to obtain all required local, state and federal permits required for operation of the facility prior to the issuance of a permanent Certificate of Occupancy. The owner/applicant shall maintain compliance with all applicable local, state and federal laws for the duration of the use. 4. The owner/applicant shall have all tanks on site inspected by a licensed, professional engineer with experience in tank design and operation who is registered in Virginia or a person who has been certified according to API Standard 653, Appendix D. All such external inspections shall be completed every five (5) years and internal inspections shall be completed every ten (10) years. The owner/applicant shall have all sealed containers inspected as required by the standards of the American Petroleum Institute, as amended. 5. The owner/applicant shall retain records of sealed container and tank inspections, including copies of current API 653 external and internal inspections and other standards of the American Petroleum Institute applicable to the storage of leachate, for each sealed container and storage tank. All such records shall be retained on site and all such records shall be available for the City to review during normal business hours. 6. The owner/applicant shall submit the results of a monthly Toxicity Characteristic Leaching Procedure (TCLP) test sample to the Zoning Administrator prior to or by the last business day of the month. The monthly TCLP test shall be performed on the leachate prior to bringing the material on 9

10 to the site to show that all leachate brought on site continues to be nonhazardous. The applicant submitted a revised stipulation #6, dated January 31, 2017, for consideration: 6. The owner/applicant shall submit the results of a monthly Toxicity Characteristic Leaching Procedure (TCLP) test sample to the Zoning Administrator prior to or by the last business day of the month. The monthly TCLP test shall be performed on the leachate prior to bringing the material on to the site to show that all leachate brought on site continues to be nonhazardous. deliver to the Environmental Specialist for the Department of Public Works (hereinafter Environmental Specialist ) or their designee the results of a semi-annual analysis (hereinafter leachate testing ) conducted on leachate material that will be transported to the site. The results of the leachate testing shall identify the date of testing and shall be accompanied by a finding by a qualified environmental professional, as defined in Chapter 17 of the Public Facilities Manual, as to whether or not the leachate material tested is a hazardous waste based on a comparison of the test results with the applicable RCRA constituent thresholds. The leachate testing shall begin in March of 2017 and shall be conducted every six (6) months thereafter for as long as leachate material is transported to the site. The results of the leachate testing and the finding by a qualified environmental professional shall be delivered to the Environmental Specialist no later than sixty (60) days after the date of testing. F. PLN-REZ VLP Associates, LLC APPLICANT: VLP Associates, LLC AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 8.4 acres from A-1, Agricultural District (7 acres) and R-15s, Residential District (1.4 acres) to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential less than 4 du/acre EXISTING COMP LAND USE / DENSITY: Low Density Residential less than 4 du/acre LOCATION: West side of Johnstown Road, approximately 3,280 feet south of Hanbury Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove The Planning Commission and staff recommend approval with the following proffers: 1. The applicant/owner agrees that the total number of residential units on the property subject to the rezoning application shall not exceed twenty-two (22) single-family dwelling units. 2. The applicant/owner agrees that prior to issuance of the first residential building permit, it shall record deed restrictions to create a property owner s association. The property owner s association shall maintain all common areas and enforce all architectural proffers. The applicant/owner agrees that the architectural proffers shall govern construction of all single-family dwelling units on the property. The following provisions, 2a.-2f., shall be recorded as deed restrictions, for all dwelling units, in the Clerk s Office of the Circuit Court. Such deed restrictions shall be subject to the review and approval of the 10

11 Chesapeake Zoning Administrator for compliance with this proffer statement prior to recordation. 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. a. 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. b. 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. c. 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. d. All roof shingles shall be architectural grade (25 year minimum; not single-layer,"3-tab. e. 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. f. The applicant/owner agrees that all dwelling units shall be constructed substantially in conformance with the elevations dated September 12, 2016 on file with the Planning Department. 3. 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 23, 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. Unless otherwise 11

12 indicated in this proffer statement, the public improvements depicted on the conceptual site plan are not being proffered. G. PLN-USE Airline Blvd. U-Haul APPLICANT: James E. Sawyer PROPOSAL: A conditional use permit to allow a truck and trailer rental facility on a.687 acre parcel currently used for automotive repair. ZONE: B-1, Neighborhood Business District LOCATION: 4000 Airline Blvd. TAX MAP SECTION/PARCEL: BOROUGH: Western Branch The Planning Commission and staff recommend approval with the following stipulations: 1. The applicant/owner shall install and maintain a 6-foot white vinyl fence in place of the existing chain link fence along the property line that abuts Ahoy Drive and provide and maintain opaque screening on the remaining chain link fence. The vinyl fence an opaque screening shall be installed within 90 days of City Council approval of this conditional use permit. 2. The applicant/owner shall obtain a fence permit within 60 days of City Council approval of this conditional use permit. 3. The applicant/owner shall install a Buffer F or alternative landscape materials as approved by the Landscape Coordinator in accordance with a schedule approved by the Landscape Coordinator. In no case shall this schedule exceed 180 days after City Council approval of this conditional use permit. 4. The hours of operation for the truck and trailer rental facility shall be limited to 8 am to 5 pm, Monday through Friday, and 8 am to 12 pm on Saturday. 5. Trucks and trailers for rent shall be stored either in the existing carport on the west side of the building or within the fenced storage area. H. PLN-USE Young Family Day Home APPLICANT: Demetria Young PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-10s, Residential District LOCATION: 3225 Bruin Drive TAX MAP SECTION/PARCEL: BOROUGH: Western Branch Planning Commission recommends denial. Staff recommends approval with the following amended stipulations dated January 24, The applicant/owner shall provide day care for no more than four (4) children, aged twelve (12) years or younger, exclusive of the applicant/owner s own children and any children who reside in the home, until proper licenses have been received from the Department of Social Services. Once the proper licenses have been granted by the Department of Social Services, the applicant/owner shall provide day care for no more than twelve (12) eight (8) children at any one time, exclusive of the applicant/owner s own children and any children who reside in the home. 12

13 2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and state law. 3. The hours of operation for the daycare shall be limited to 6 am to 6 pm, Monday through Friday. 4. The conditional use permit is limited to the applicant only. 5. There shall only be one employee not living in the home on the premises at a time. 6. The applicant/owner shall install and maintain an opaque six-foot privacy fence around the perimeter of the rear yard. The applicant/owner shall apply for and obtain any required City permit or approval prior to the construction of said fence. In addition, this fence shall be constructed within 120 days 180 days of City Council approval of this use permit. I. PLN-USE Bainbridge HMA Plant APPLICANT: Allan Myers VA, Inc. AGENT: Troutman-Sanders LLP PROPOSAL: A conditional use permit to allow hot mix asphalt (HMA) plant on approximately 2.26 acres of a acres parcel. The applicant also seeks approval to allow the transport of asphalt material across property lines. ZONE: M-3, Waterfront Industrial District LOCATION: 5300 Bainbridge Pointe TAX MAP SECTION/PARCELS: Portion of and portion of BOROUGH: Washington Planning Commission and staff recommend approval with stipulations 1-9 listed in the staff report and the amended stipulations 10 and 11: 1. The use authorized by this conditional use permit shall be limited to the manufacturing and transporting of hot mix asphalt (HMA) (SIC 2951). 2. The applicant/owner agrees that the hot mix asphalt plant, outdoor storage of materials and access road for the transportation of asphalt material between this site and parcel number shall be consistent with the Preliminary Site Plan, prepared by Johnson, Mirmiran and Thompson and dated October 12, The applicant/owner shall obtain all required government permits and permit revisions, including but not limited to a Virginia Department of Environmental Quality (DEQ) Air Permit and a Virginia DEQ VPDES Permit for discharges of storm water associated with industrial activities, prior to the issuance of a Certificate of Occupancy for this use. Further, the applicant/owner shall copy the City on all of its correspondence with Virginia DEQ, including, but not limited to, its Air and Water permits and permit applications. 4. The applicant/owner agrees that the facility shall comply with all Chesapeake Bay Preservation Area (CBPA) stipulations listed in the CBPA approval letter dated December 6, The required landscape preservation/plantings shall be depicted on a landscaping plan which shall be subject to the review and approval of the Director of Development and Permits or designee and by the Director of Planning or designee. Further, all such landscape 13

14 materials/plantings shall be installed prior to the issuance of a Certificate of Occupancy for this use. 5. The applicant/owner agrees that this use shall comply with all applicable federal, state and local laws and regulations. 6. The applicant/owner shall properly dispose of all waste products in accordance with all local, state and federal laws and regulations. In addition, no waste products shall be discharged into the sanitary or storm sewers or onto the ground. 7. The applicant/owner agrees that all lighting on the site shall be directed downward and into the site to eliminate glare and light trespass. 8. The applicant/owner shall make the site available for City inspection during all hours of operation. 9. The applicant/owner shall control odors, smoke and any other air pollution generated by this use and prevent odors, smoke, and similar pollutants from leaving the property and becoming a nuisance to neighboring properties, as determined by the City. 10. The applicant/owner shall implement and maintain a 24-hour complaint hotline where complaints may be lodged. Notice of the hotline number shall be posted on the property in a location visible to the public. The applicant/owner agrees that it shall respond to the complainant with a resolution or plan for resolution of the complaint within forty-eight (48) hours of the receipt of a complaint. The applicant/owner shall also submit a monthly report to the City Manager or designee by the 5 th day, or next business day after the 5 th, of each month. This report shall detail the nature of all complaints received during the previous month and the resolution of said complaints. Said complaint hotline shall be implemented prior to the issuance of a Certificate of Occupancy for this use. 11. The applicant/owner shall report all spills that have to the potential to pollute groundwater or surface waters in accordance with federal and state law. In addition, the applicant/owner shall provide written notice; including a description of the incident, the immediate response and any known plans for continued mitigation; of any such spills to the City Manager within twenty-four (24) hours of said incident. The applicant/owner shall continue to provide weekly written updates on the progress made toward remediating the impacts from the spill to the City Manager or designee until the clean-up is complete, as determined by the appropriate federal or state authority. J. PLN-USE Discount Tire APPLICANT: Halle Properties, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a motor vehicle repair facility for the sale, installation and repair of vehicle tires, with setback reductions. ZONE: B-1, Neighborhood Business District ZONING MAP LOCATION: 1025 North Battlefield Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Washington 14

15 The Planning Commission and staff recommend approval with the setback reductions and the following stipulations: 1. This conditional use permit for a motor vehicle repair facility shall be limited to include only the sale, installation and repair of motor vehicle tires. 2. All bay doors shall be located on the north side of the building and shall remain closed during business hours of operation in order to limit noise emissions that impact adjacent properties. The bay doors shall be opened only as necessary to allow the immediate ingress/egress of vehicles for servicing. 3. The required building setbacks from the front and rear property lines shall be reduced from 30 feet to 21 feet, as shown on the preliminary site plan date received January 17, Required landscape buffers adjacent to the front and rear property lines shall include 30% more plant materials than required by Article 19 of the City Zoning Ordinance. In addition, all landscape materials shall be subject to the review and approval of the Landscape Coordinator and shall be installed prior to the issuance of a certificate of occupancy. 4. The building and the dumpster enclosure shall be consistent with the building elevations titled, Discount Tire Conceptual Elevations, date received January 17, The applicant/owner shall install an eight (8) foot masonry wall (also referred to as the brick screening wall) along the rear property line, as shown on the preliminary site plan, date received January 17, The masonry wall shall be constructed with brick veneer that matches the material used on the building and the dumpster enclosure. 6. There shall be no outside display or storage of tires or other materials on the property. 7. There shall be no work of any kind performed on vehicles or vehicle tires outside of the building. 8. The hours of business operation shall be limited to Monday through Friday, 8 a.m. to 6 p.m. and Saturday, 8 a.m. to 5 p.m. K. PLN-COMP A Resolution to amend the 2035 Chesapeake Comprehensive Plan by revising the 2035 Land Use Plan to identify a portion of the Frank T. Williams Farms properties for commercial, industrial, or similar nonresidential designation, such as light industrial/logistics. The Planning Commission and staff recommend approval of the version dated January 4,

16 UNFINISHED BUSINESS A. RECONSIDERATION OF PLN-REZ Watson Property APPLICANT: Charlton Road, LLC PROPOSAL: A conditional zoning reclassification of 2.3 acres from A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4812 Charlton Drive TAX MAP SECTION/PARCEL: BOROUGH: Western Branch (Continued from the January 17, 2017 City Council meeting) The Planning Commission and staff recommend approval with the following proffers: 1. The applicant/owner agrees that there shall be no more than five (5) residential lots resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be $4, per residential dwelling unit resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake s lock box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be allocated as follows: Schools $4, (This item s motion for approval failed by a vote of 4-5 at the November 15, 2016 City Council meeting with Council Members Davis, Kelly, Krasnoff, Ritter and West voting in opposition) (Reconsideration was requested by Council Members Davis, Ike and Ward) (This item was approved for reconsideration at the December 13, 2016 City Council meeting.) 16