Shillelagh Property CITY COUNCIL PACKAGE FOR SEPTEMBER 16, 2014

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1 Docket Item "B" R(C) Shillelagh Property CITY COUNCIL PACKAGE FOR SEPTEMBER 16, 2014 Page 1 2 Application Summary 3 15 Revised Proffer Statement Planning Commission Draft Minutes Staff Reports: August 12, August 5, Fiscal Impact Analysis 63 Environmental Site Assessment - Phase I, Executive Summary 64 Rezoning Exhibit/Site Plan 65 Aerial 66 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 R(C) Shillelagh Property LOCATION: East side of Shillelagh Road, 1,000 feet north of Vincek Way 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. SUBMITTED: ACKNOWLEDGED BY COUNCIL: STAFF RECOMMENDATION Denial PLANNING COMMISSION HEARING DATES: , RECOMMENDATION: APPROVAL with proffers VOTE: 6-2 SUBMITTED: REVISED PROFFER STATEMENT SUMMARY: Applicant added proffer 15 as follows: 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. ATTACHMENTS REVISED Proffer Statement, Draft Minutes, Staff Reports, Fiscal Impact Analysis, Environmental Site Assessment Phase I - Executive Summary, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

3 2 APPLICATION SUMMARY R(C) Shillelagh Property APPLICANT: Shillelagh Commons, LLC Attn: Steven Bishard 4104 Holly Road Virginia Beach, VA Members: Steven W. Bishard John K. Bishard OWNER: Shillelagh, LLC Attn: Cynthia R. Broten 130 E. Center Ave. Lake Bluff, IL Members: Julie Page Swinson Irrevocable Trust Christine Lee Swinson Irrevocable Trust c/o Cynthia R. Broten, Trustee 130 East Center Ave. Lake Bluff, IL AGENCY: Land Planning Solutions Attn: Melissa Venable 5857 Harbour View Blvd, Suite 202 Suffolk, VA

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17 16 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes R(C) PROJECT: 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 (Continued from the July 9, 2014 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (6-2; Perry/Williams, Van Laethem, Kish opposed, Small excused) 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 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

18 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes 17 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-of-way 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, 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.

19 18 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes 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 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 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

20 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes 19 both the environment and other structures in the neighborhood. Elevation quality, character, material and content should 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.

21 20 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes 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 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.

22 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes 21 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 project s 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 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. Mrs. Hanson read R(C) into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended that R(C) be DENIED as listed in the official agenda. Proponent: Grady Palmer, Poole Mahoney, PC, 860 Greenbrier Circle, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing Shillelagh Property. John Bishard, Shillelagh Commons, LLC, 196 Willow Drive, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) representing Bishard Homes. Ottis Spruill, 929 Shillelagh Road, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself and his neighbors. Opponent: Michael Collins, 1457 Shillelagh Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself.

23 22 Chesapeake Planning Commission DRAFT August 13, 2014 Public Hearing Minutes Paul Pearce, 1044 Shillelagh Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. The citizens who spoke in opposition were concerned about traffic and drainage issues. They also stated that the citizens along Shillelagh would like City services such as sewer and water, which had not been proffered. They felt this project was premature and wanted to wait and see the Dominion Commerce Study. COMMISSION DISCUSSION: Chairman Kish stated this area was within the new Dominion Boulevard Corridor Study. He said there had already been some changes as to what the City would have liked to have had for this Plan. He asked the Planning Director what effect did the changes make that had already been made to the overall plan and what impact did it have on this property with the potential use for regional mixed use development. Ms. Shea responded that this property was not consistent with the Comprehensive Plan as it stated in the staff report. She said that the Dominion Boulevard Corridor Study was underway and that it would determine what the Comprehensive Plan would be because there would be a Plan Amendment in the future. As the Plan was developing, this was the preferred area for development to be targeted as part of that study and the City would be looking intensely at the opportunities for these uses and how they would all relate. Any decision made on this particular property would be committing a land use that would be there that may or may not be consistent with the outcome of that Plan. Chairman Kish asked the Director of Development & Permits if this project supported the City s ongoing drainage plan for Shillelagh Road or did it hamper that plan. Mr. Tate replied with, neither and stated that the City did have a Master Drainage Plan which was intended to provide relief to the areas that were currently experiencing drainage problems in the area. He stated that if the developer moved forward with this application that he would have to design to the existing drainage capacity. He said that if this development was approved they could design to accommodate the lesser drainage. Then when the future improvements went thru they would have over designed to accommodate the existing deficiencies. It would be an easier drainage design if the developer waited. COMMISSION VOTE: Commissioner Perry moved that R(C) be APPROVED with the proffers as listed in the updated staff report. Commissioner Williams seconded the motion. The motion was carried by a vote of 6-2. Commissioners Van Laethem and Kish voted against the motion. Commissioner Small was excused.

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64 ENVIRONMENTAL SITE ASSESSMENT, PHASE I 63

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67 66 Shillelagh Property R(C) 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