Chesapeake Planning Commission PUBLIC HEARING MINUTES AUGUST 12, 2015 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 City of Chesapeake Chesapeake Planning Commission PUBLIC HEARING MINUTES AUGUST 12, 2015 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box Chesapeake, Virginia (757) FAX (757) Call to Order: Chairman Kish called the Chesapeake Planning Commission Public Hearing of August 12, 2015, to order at 7:00 p.m. in the City Council Chambers. Invocation: Commissioner Ellis offered the Invocation for the evening. Pledge of Allegiance: Commissioner Hutchinson led in the Pledge of Allegiance to the United States Flag. Roll Call: Present John Kish, Chairman Jason Morris, Secretary Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner Stephens Johnson, Commissioner Adam Perry, Commissioner William Small, Commissioner George Van Laethem, Commissioner Absent Marty Williams, Vice-Chairman Department of Planning Staff Present Karen Shaffer, Assistant Planning Director Beverly Hanson, Recording Secretary and Office Coordinator Mark Hobbs, Senior Planner Milissa Story, Senior Planner Darryl Griffin, Senior Planner Michael Anaya, Senior Planner City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Keith Slicer, Engineer Department of Development and Permits Present Mike Benda, Development and Permits

2 Page 2 APPROVAL OF MINUTES: Mrs. Hanson presented the July 8, 2015 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the July 8, 2015 Public Hearing were APPROVED. ITEMS FOR CONTINUANCE OR WITHDRAWAL: UP PROJECT: George Washington Shopping Center Cyber-Auction APPLICANT: Bulldog Ventures and Investments, LLC t/a BidRite AGENT: McGuireWoods, LLP PROPOSAL: A conditional use permit to operate a computer-based gaming establishment within the George Washington Shopping Center. ZONE: Proposed B-2, General Business District LOCATION: 1100 George Washington Highway TAX MAP SECTION/PARCEL: portion of BOROUGH: Deep Creek (Continued from the May 13, 2015 Public Hearing) PLANNING COMMISSION ACTION: WITHDRAWN. No action necessary. Ms. Shea stated that no action was necessary. application be withdrawn. The applicant had requested the

3 Page 3 CP(D) PROJECT: Auto Zone APPLICANT: Chesapeake Development of Hampton Roads, Inc. AGENCY: Shepelle WatkinsWhite Consulting & Law, PLLC PROPOSAL: A request to deviate from the setback requirements for a front yard in the Cahoon Plantation PUD. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 1629 Cedar Road TAX MAP SECTION/PARCEL: portion of BOROUGH: Deep Creek PLANNING COMMISSION ACTION: CONTINUED to the September 9, 2015 public hearing. Laethem/Morris, Williams excused) (8-0; Van Ms. Shea stated that the staff had requested a continuation to the September 9, 2015 Public Hearing, to allow additional time to further discuss the PUD Design Criteria with the applicant. COMMISSION VOTE: Commissioner Van Laethem moved that CP(D) be CONTINUED to the September 9, 2015 Public Hearing as recommended by staff. Commissioner Morris seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. CONSENT AGENDA: R PROJECT: Excel Paving APPLICANT: Excel Paving Corporation AGENCY: American Engineering Associates-Southeast PA, Inc. PROPOSAL: A zoning reclassification for a 17.71± acre portion of a site totaling 54.6± acres from M-1, Light Industrial District, to M-2, General Industrial District to allow for the operation of a tugboat company. PROPOSED COMP LAND USE / DENSITY: Industrial EXISTING COMP LAND USE / DENSITY: Industrial LOCATION: Northern terminus of Michael Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek

4 Page 4 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R be APPROVED. (8-0; Van Laethem/Hutchinson, Williams excused) Mrs. Hanson read R into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that R be APPROVED as listed in the official agenda. Proponent: Mr. Walton P. Burkhimer, Jr., PE, American Engineering Associates, 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R representing the applicant. Greg Conn, 500 Barnes Road, Chesapeake, Virginia, appeared before the Commission on behalf of R representing Intracoastal Marine. He stated that stipulation #8 stated the hours of operation but he wanted to let everyone know that tug boats operate 24 hours a day. Tommy Thompson, 1132 Harmony Road, Norfolk, Virginia, appeared before the Commission on behalf of R representing the applicant. Opponent: Marty Costello, 1136 St. Julian Drive, Chesapeake, Virginia, appeared before the Commission in opposition to R representing himself. The citizen who spoke in opposition was concerned about noise and odor issues, and was also concerned about what would happen to the creek that they currently crab, fish, and boat in. He stated that the neighborhood had not received any notifications and said that this had not been fully communicated as to the extent of the impact this would be to the neighborhood. He wanted to know who would they call if they had an odor complaint or a spill on the water for example. He felt this would derogate their community and their property values and stated there was a better site down the river by the High Rise Bridge. COMMISSION VOTE: Commissioner Van Laethem moved that R be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused.

5 Page 5 UP PROJECT: Excel Paving APPLICANT: Excel Paving Corporation AGENCY: American Engineering Association-Southeast PA, Inc. PROPOSAL: A conditional use permit to allow for an asphalt plant with an accessory outside storage yard for an 8.61± acre portion of a site totaling 54.6± acres. ZONE: M-1, Light Industrial District LOCATION: Northern terminus of Michael Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (8-0; Van Laethem/Hutchinson, Williams excused) 1. The applicant/owner agrees that the approved Final Site Construction Plan for the facility shall provide, through a combination of preservation of existing trees and planting of new trees, compliance with the 10% tree canopy cover for the Chesapeake Bay Protection Area (CBPA) Resource Management Area as set forth in the City Code. In partial fulfillment of this requirement, the applicant/owner agrees to preserve existing trees along the western boundary of the subject site to serve as a visual buffer to residential uses to the west. Said preservation of existing trees along the western boundary of the subject site shall be depicted on a landscaping plan which shall be subject to the review and approval of the Director of Development and Permits or their designee and by the Director of Planning or their designee. 2. The applicant/owner agrees that it shall obtain all required government permits, including but not limited to a Virginia 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 (CO) or any other permit or certificate issued by the City of Chesapeake. 3. The applicant/owner shall, at its own cost and expense, construct all of the Michael Drive improvements and complete all right-of-way dedications delineated in the approved subdivision plan AC# (S ) subject to the review, approval and acceptance of the Director of the Development and Permits or designee prior to the issuance of a Certificate of Occupancy (CO) or any other permit or certificate issued by the City of Chesapeake. 4. The applicant/owner shall agrees to submit a lighting plan in accordance with Chesapeake Zoning Ordinance Section to the

6 Page 6 Director of Development and Permits or their designee prior to the approval of the Final Site Construction Plan and issuance of a new certificate of occupancy and zoning permit. Said lighting plan shall provide for the installation of full-cut-off light fixtures to exterior walls and parking lot areas to eliminate glare and light trespass. 5. The applicant/owner agrees that the location of the dock for the tugboat operation shall be depicted on the Final Site Construction Plan which shall be subject to the review and approval of the Director of Development and Permits or designee. The applicant/owner agrees that it shall obtain Final Site Construction Plan approval and all other required permits and approvals prior to the issuance of a zoning permit/certificate of occupancy. 6. The applicant/owner agrees that the asphalt parking lot shall be depicted on the Final Site Construction Plan which shall be subject to the review and approval of the Director of Development and Permits or designee. Said asphalt parking lot shall comply with the requirements of the Chesapeake Zoning Ordinance, including but not limited to, providing a sign limiting the use of one (1) of the van accessible parking spaces to disabled persons in wheelchairs. 7. The applicant/owner shall conduct the facility s operations on the site subject to this use permit in compliance with the provisions of Chapter 26, Article V of the Chesapeake City Code regarding noise. 8. The applicant/owner agrees that the hours of operation for the tugboat operation and asphalt plant shall be from 6:30 a.m. - 7:00 p.m., seven days a week. 9. The applicant/owner agrees to provide the Planning Department with color, to-scale building elevations that include any proposed signage. The building elevations shall be subject to the review and approval of the Planning Director or their designee prior to Final Site Construction Plan approval. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda.

7 Page 7 Proponent: Mr. Walton P. Burkhimer, Jr., PE, American Engineering Associates, 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of UP representing the applicant. Greg Conn, 500 Barnes Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP representing Intracoastal Marine. He stated that stipulation #8 stated the hours of operation but he wanted to let everyone know that tug boats operate 24 hours a day. Tommy Thompson, 1132 Harmony Road, Norfolk, Virginia, appeared before the Commission on behalf of UP representing the applicant. Opponent: Marty Costello, 1136 St. Julian Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP representing himself. The citizen who spoke in opposition was concerned about noise and odor issues, and was also concerned about what would happen to the creek that they currently crab, fish, and boat in. He stated that the neighborhood had not received any notifications and said that this had not been fully communicated as to the extent of the impact this would be to the neighborhood. He wanted to know who would they call if they had an odor complaint or a spill on the water for example. He felt this would derogate their community and their property values and stated there was a better site down the river by the High Rise Bridge. COMMISSION VOTE: Commissioner Van Laethem moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. UP PROJECT: East Coast Church APPLICANT: East Coast Church PROPOSAL: A conditional use permit to allow a church to operate in an existing office space. ZONE: B-1, Neighborhood Business District LOCATION: 4310 Indian River Road, Suite 10 TAX MAP SECTION/PARCEL: BOROUGH: Washington (This item was approved for concurrent advertising and will be heard by City Council on August 18, 2015)

8 Page 8 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulation: (8-0; Van Laethem/Hutchinson, Williams excused) The applicant/owner agrees that attendance at any service in the largest assembly room shall be limited to 50 people. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP be APPROVED with the stipulation as listed in the official agenda. Proponent: John Dykema, 6333 Tuttle Avenue, Norfolk, Virginia, appeared before the Commission on behalf of UP representing East Coast Church. COMMISSION VOTE: Commissioner Van Laethem moved that UP be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. UP PROJECT: ReCreation Custom RV Rebuilders, Inc. APPLICANT: Sharlene and Lou Murden PROPOSAL: A conditional use permit to operate a recreational vehicle dealership. ZONE: Greenbrier Planned Unit Development, Zone 2 LOCATION: 900 Business Park Drive TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED. (8-0; Van Laethem/Hutchinson, Williams excused) Mrs. Hanson read UP into the record for Commission review and action.

9 Page 9 Staff Presentation: Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP be APPROVED as listed in the official agenda. COMMISSION VOTE: Commissioner Van Laethem moved that UP be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused.

10 Page 10 UP PROJECT: Roosevelt Memorial Gardens APPLICANT: Cemetery Investments, Inc. PROPOSAL: A conditional use permit to construct new mausoleums at an existing cemetery. ZONE: R-8s, Residential District LOCATION: 1101 Campostella Road TAX MAP SECTION/PARCEL: portion of BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED. (8-0; Van Laethem/Hutchinson, Williams excused) Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP be APPROVED as listed in the official agenda. COMMISSION VOTE: Commissioner Van Laethem moved that UP be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. TA-Z An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Sections , , , , , , and thereof to amend the standards for granting a variance and standards for appeals from the Board of Zoning Appeals to the Circuit Court as required by 2015 amendments to state law. PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that TA-Z-15-05, version dated June 26, 2015, be APPROVED. (8-0; Van Laethem/Hutchinson, Williams excused) Mrs. Hanson read TA-Z into the record for Commission review and action.

11 Page 11 Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that TA-Z version dated June 26, 2015 be APPROVED. COMMISSION VOTE: Commissioner Van Laethem moved that TA-Z version dated June 26, 2015 be APPROVED, 2015 as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. REGULAR AGENDA: R PROJECT: George Washington Shopping Center APPLICANT: Nuni Associates a/k/a, Nuni Inc. AGENCY: McGuireWoods, LLP PROPOSAL: A zoning reclassification of 4.43± acres from B-1, Neighborhood Business District to B-2, General Business District PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business Commercial LOCATION: 1100 George Washington Highway TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Continued from the May 13, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R be DENIED. (6-2; Perry/Small, Ellis, Johnson opposed, Williams excused) Mrs. Hanson read R into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, Planning staff recommended that R be APPROVED as listed in the official agenda. Proponent: Rebecca Gantt, Agent, McGuireWoods, LLP, World Trade Center, 101 W. Main Street, Suite 9000, Norfolk, Virginia, appeared before the Commission on behalf of R representing the applicant.

12 Page 12 COMMISSION DISCUSSION: Commissioner Perry stated that this application had an existing use but was in violation and that the applicant was trying to bring into compliance. He requested the agent share the background information pertaining this. Ms. Gantt, the agent stated that the issue involved only one of the tenants on the property and that she was here on behalf of the applicant, who was the land owner. The initial notice of violation referenced two uses; an auction room and a computer base gaming establishment. She said the auction room had been appealed to Circuit Court and the case was still pending. She said the computer base gaming establishment was still being negotiated with the Zoning Administrator. She also stated that these issues should not prevent the Commission from voting on the application before them. Commissioner Van Laethem asked the City Attorney s office if the Commission took action on this application, would that have any impact on the legal case that was currently ongoing concerning the gaming facility. The Attorney s office stated that it was a negotiation that was on-going and that the Courts would handle it. She said the issue before the Commission was whether or not this property should be rezoned from B-1 to B-2. Commissioner Van Laethem asked a follow-up question and said if this application was approved for B-2 would the computer base gaming establishment be allowed by-right. She said it would not allow the computer base gaming establishment, but that it would allow the auction room by-right. COMMISSION VOTE: Commissioner Perry moved that R be DENIED due to (1) there was a viable economic use for this property under its current zoning; (2) because the uses allowed in the B-2, General Business District, would increase the volume of vehicular and pedestrian traffic and pose an impediment to traffic safety in the vicinity; and (3) the range of uses allowed in the B-2, General Business District, were more intense than those allowed in a B-1, Neighborhood Business District, and that these more intense uses were not compatible with the adjacent R-8 residential zoning. Commissioner Small seconded the motion. The motion was carried by a vote of 6-2. Commissioners Johnson and Ellis voted against the motion. Commissioner Williams was excused.

13 Page 13 R(C) PROJECT: Kemp Bridge, Phases 3A & 3B APPLICANT: Kemp Bridge Associates, LLC AGENCY: Shepelle WatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of a 0.7± acre parcel from R-12s, Residential District, to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Office EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than four (4) units per acre. LOCATION: Southwest quadrant of the intersection of Kempsville Road & Lake Thrasher Parkway TAX MAP SECTION/PARCEL: Portion of BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (8-0; Ellis/Perry, Williams excused) 1. The applicant/owner shall dedicate right-of-way along the property s frontage on Kempsville Road as shown on the rezoning exhibit entitled, Rezoning Exhibit The Subdivision of Kemp Bridge Phase 3A and 3B Washington Borough - Chesapeake, VA Tax Map Parcels and dated July 7, 2015 at no cost to the City. The applicant/owner shall also dedicate the ultimate 80 wide right-of-way for Lake Thrasher Parkway as depicted on the exhibit referenced above at no cost to the City. The Lake Thrasher Parkway dedication shall include a strip of land approximately 5 in width on the northern portion of Tax Map Parcel along the entirety of its frontage on Lake Thrasher Parkway and a strip of land approximately 25 in width on the southern portion of Tax Map Parcel along the entirely of its frontage on Lake Thrasher Parkway. The alignment and sufficiency of the dedications described above shall be subject to the review and approval of the Director of Development and Permits or designee. The dedications of right-of-way described above shall be made by plat or exhibit with deed prior to final site plan approval of the southern portion of Tax Map Parcel or the resubdivision of the northern portion of Tax Map Parcels and Tax Map Parcel , whichever occurs first. The applicant/owner acknowledges, for itself and its successors in interest, that any signage or landscaping located within the dedicated right-of-way may remain until Lake Thrasher Parkway is widened and that the applicant/owner shall not be entitled to any claim to damages for the removal of signage or landscaping located within the dedicated right-of-way area upon the widening of Lake Thrasher Parkway. The recorded deed or resubdivision plat shall include a statement that, The applicant/owner and its assigns shall not be entitled to a claim of

14 Page 14 damages solely related to improvements in the dedication area or damages to the Property solely by reason of the right-of-way dedication pursuant to Proffer #1 of R(C) The applicant/owner agrees to construct a pedestrian sidewalk, at no cost to the City, adjacent to the right-of-way dedication described above on the northern portion of Tax Map Parcel on Lake Thrasher Parkway. The location and construction of the pedestrian sidewalk shall be subject to the review and approval of the Director of Development and Permits or designee. Prior to issuance of a building permit for the northern portion of Tax Map Parcel , the applicant/owner shall submit a site plan reflecting the sidewalk and construction of the sidewalk shall be completed prior to issuance of a certificate of occupancy for the northern portion of Tax Map Parcel The applicant/owner shall record and include on its site plan for approval a 1 wide non-ingress/egress easement along the entirety of Tax Map Parcel s frontage on Kempsville Road. The applicant/owner further agrees to record and include on its site plan for approval a 1 wide non-ingress/egress easement along both the northern and southern portions of Tax Map Parcel s frontage on Lake Thrasher Parkway, except as to where entrances are located. These 1 non-ingress/egress easements shall be outside of the areas dedicated for right-of-way pursuant to Proffer #1 and shall be recorded prior to final site plan approval of the southern portion of Tax Map Parcel or the resubdivision of the northern portion of Tax Map Parcels and Tax Map Parcel , whichever occurs first. 4. The applicant/owner shall not build 1-story buildings on the property subject to this rezoning unless a revised layout is approved by the Director of Planning or designee. 5. The applicant/owner agrees that the proposed office building shall have architectural elements which reflect a residential building similar to photographs dated July 20, 2015 and submitted to the Planning Department as determined by the Director of Planning or designee. 6. The applicant/owner agrees that only the uses, attached to this Proffer Statement as Exhibit A, will be permitted on the property. All other uses in the O&I District shall be prohibited. Should a use listed be required to obtain a conditional use permit for its operations in accordance with the requirements of the City of Chesapeake Zoning Ordinance the permit must be acquired prior to the establishment of the use on the property. In addition, should the Zoning Ordinance later be amended to prohibit or make conditional a use listed as permitted on Exhibit A, the Zoning Ordinance shall control. 7. The conceptual site plan prepared by Hoggard-Eure and dated July 7, 2015, a copy of which is on file with the Chesapeake Planning

15 Page 15 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. Mrs. Hanson read R(C) into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, Planning staff recommended that R(C) be APPROVED with the proffers as listed in the official agenda. Proponent: Shepelle Watkins-White, Agent, ShepelleWatkinsWhite Consulting & Law, PLLC, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Vince Napolitano, Applicant, Kemp Bridge Associates, LLC, 1492 S. Independence Boulevard, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) John Napolitano, Applicant, Kemp Bridge Associates, LLC, 1492 S. Independence Boulevard, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) Opponent: Christopher Ceglio, 1404 Kemp Bridge Drive, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing Kemp Bridge Home Owners Association. Eric Matson, 1413 Kemp Bridge Lane, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. Jason Thomasson, 1416 Kemp Bridge Lane, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself.

16 Page 16 Those who spoke in opposition were concerned about their property values being affected, traffic and noise issues, and said it was not compatible with the surrounding neighborhood. COMMISSION DISCUSSION: Commissioner Morris stated that he was in support of the application and was aware that the applicant had reached out to the community, however, he had hoped that a meeting could be put together with the community prior to City Council in order to work out any misconceptions. Commissioner Van Laethem stated that the agent and applicant had both assured him that they would offer an additional proffer, prior to this application going before City Council, stating that there would be no lighted sign on this property as permitted in the O & I Office and Institutional District. Chairman Kish stated that this application had little impact on the traffic, however, the rightof-way in the plan, making Thrasher Road a four lane road, meant there would be more traffic and would have an impact on the community. He wanted to make sure the citizens were aware that this had nothing to do with this application. He said it was a separate Transportation Plan that the City had and that this intersection was planned to be a four lane road with a turn lane whether or not this application was approved. COMMISSION VOTE: Commissioner Ellis moved that R(C) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams was excused. UP PROJECT: Western Branch Solar Panels APPLICANT: Dominion Virginia Power PROPOSAL: A conditional use permit for roof mounted solar panels for power generation at Western Branch High School. ZONE: R-10s, Residential District LOCATION: 1968 Bruin Place TAX MAP SECTION/PARCEL: BOROUGH: Western Branch (This item was approved for concurrent advertising and will be heard by City Council on August 18, 2015) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED. (7-1; Morris/Small, Perry opposed, Williams excused) Mrs. Hanson read UP into the record for Commission review and action.

17 Page 17 Staff Presentation: Mr. Hobbs stated that based on the findings listed in the staff report, Planning staff recommended that UP be APPROVED as listed in the official agenda. Proponent: Max Bartholomew, Regional Manager, 4901 Princess Anne Road, Virginia Beach, Virginia, appeared before the Commission on behalf of UP representing Dominion Virginia Power. Rob Smith, New Technology Construction Manager, 701 E. Cary Street, Richmond, Virginia, appeared before the Commission on behalf of UP representing the Dominion Virginia Power. COMMISSION DISCUSSION: Commissioner Perry confirmed with the Construction Manager that power would not be fed to the school and that it was only a roof lease agreement. Commissioner Perry asked why this location was chosen and were any other locations explored. Mr. Smith stated that the purpose of the program was to study the impact of solar on their electric grid. He said there was not a lot of solar power in Virginia and they wanted to get ahead of the curve. He said he wanted to understand how the grid would interact with having distributed generation sites inputting power at certain areas of their grid. He said the grid that served the area of the school was one of the sites they explored. He stated the school was large, structurally sound, and had a new roof with a twenty year warranty, which corresponded with their long term lease. Chairman Kish stated that in stainability type projects especially, the schools were being used across the country, they looked at things like this as learning opportunities for the students. In the cities that build sustainable schools, they usually provided a lesson plan to the students about the sustainability features of the school. He stated that our Government had made a big issue of Green Energy and that it was sustainable and could be a learning tool for the students. He asked Mr. Smith if they had looked into this with the Chesapeake School System to develop a way to use this as a learning tool for the students. Mr. Smith said that they would be sharing the energy data from the PV (photovoltaic) system with the schools so they could use it in curriculums, they were also going to have a weather station on the roof and would be able to see the data from that. In addition to that, they would be working with an outside consultant to help develop curriculum around the solar PV System. Commissioner Van Laethem stated that he was disappointed that a representative from Chesapeake Public Schools was not present at the meeting to answer any questions. He said the panels were on a ballast system and asked what was connected to the roof. He also wanted to know what was brought down to the ground level, if anything, and how would the energy generated be transmitted to the grid. Mr. Smith stated it was, by design, a ballast system which meant it was weighted and that there were no mechanical attachments to the roof. He said the system was designed for 110 mile an hour winds which was the same design as the building. He said that the equipment that converted the energy from DC power to AC power would be on the ground. He stated that solar generated power at DC but that the public used AC power. He said that inverters were

18 Page 18 required to change the power from DC to AC power. All the wires from the roof would be coming down the back of the building and into converters. These converters would sit on a concrete slab and then go underground to the school s transformer. Commissioner Van Laethem said the school building had a history of leakage despite the new roof and that the air conditioning was also on the roof with a history of breaking down. He asked if a leak arose on the roof, who would be responsible. Mr. Smith said he believed the lease agreement was written so that if they caused the leak, they would fix the leak. Commissioner Van Laethem asked how long this project would take once the construction began. Mr. Small stated that their goal was to be off the site by the end of the calendar year. Commissioner Van Laethem asked if there were any safety concerns or plans should something catastrophic happen. Mr. Small stated he was comfortable putting the solar panels on this facility and that they had installed all the safety requirements electrically including a kill button which would shut the system down. COMMISSION VOTE: Commissioner Morris moved that UP be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Small seconded the motion. The motion was carried by a vote of 7-1. Commissioner Perry voted against the motion. Commissioners Williams was excused. R(C) PROJECT: Hickory Woods APPLICANT: Kotarides Developers PROPOSAL: A conditional zoning reclassification of a 38.3± acre portion of a 65.51± acre parcel from A-1, Agricultural District, to R-MF-1, Multifamily Residential District (30.64± acres) and B-2, General Business District (7.66± acres). PROPOSED COMP LAND USE / DENSITY: Suburban Mixed-Use with residential densities of no more than 10 dwelling units per acres EXISTING COMP LAND USE / DENSITY: Suburban Mixed-Use with something less than 10 dwelling units per acre LOCATION: Battlefield Boulevard South, one half mile south of Hillcrest Parkway TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Referred from the July 21, 2015 Council Meeting) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) and the requested expansion to the Public Utilities Franchise Area be APPROVED with the following proffers: (8-0; Perry/Johnson, Williams 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 April 24, 2015 prepared by Porterfield Design Center as determined by the Director of Planning or designee.

19 Page The applicant/owner agrees that there shall be a maximum of 162 for sale residential condominium units. Single-family detached condominium units shall not exceed 58 units and attached townhouse style condominium units shall not exceed 104 units. Each new condominium unit will be offered for sale. 3. The owner/applicant shall dedicate ½ of a 120 foot right-of-way as measured from the established centerline of Battlefield Boulevard for the widening of Battlefield Boulevard South on the property subject to this rezoning as generally depicted on the exhibit dated April 24, 2015 on file with the Planning Department, at no cost to the City. The alignment and sufficiency of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee and shall be depicted on all development plans for the subject property. The dedication shall be completed by deed or plat in a form approved by the City Attorney before the issuance of the first certificate of occupancy. 4. The applicant/owner shall establish a condominium association to own and maintain all private common areas, landscape buffers and storm water management facilities associated with the subject property. The condominium association shall be formed before the issuance of the first building permit for a residential structure. 5. The applicant/owner agrees that the architectural design of commercial buildings in the B-2 zoning will be consistent with the requirements of the TCOD as approved by the Planning Director or designee. Before the issuance of a building permit, building elevations shall submitted to the Planning Department for review and approval. 6. The applicant/owner agrees, for itself and its assigns, that the land uses in the B-2 zoning districts will be limited to permitted and conditional uses in the Office and Institutional (O&I) zoning district until such time as the Director of Development and Permits, or designee, determines that Battlefield Boulevard has been widened to four lanes between the subject property and Hillcrest Parkway or another northbound parallel access road provides a secondary ingress and egress between the B-2 zoning districts and Hillcrest Parkway, whichever occurs first. Upon such a finding and written determination by the Director of Development and Permits, or designee, the permitted and conditional uses for the B-2 zoning district shall apply to the land use in the B-2 zoning districts. 7. The applicant/owner agrees that all interior streets south of the main entrance shall be private and owned and maintained by the condominium association. A portion of the interior street from the northern property line to the main entrance on Battlefield Boulevard shall be constructed to meet city standards for a 50 foot public right of way or wider as determined necessary for entrance, intersections, and areas of on-street parking and as generally depicted on the rezoning exhibit dated April 24, 2015 on file with the Planning Department. This public improvement as well as the geometry and entrance requirements shall be subject to the

20 Page 20 review and approval of the Director of Development and Permits, or designee. The applicant/owner shall dedicate, at no cost to the City, the referenced public road improvements as well as the referenced 50 foot public right of way and main entrance by deed or subdivision plat. The improvements and dedication shall be completed prior to the issuance of the first certificate of occupancy. 8. The applicant/owner agrees that the architectural design of the residential structures shall be substantially similar, as determined by the Director of Planning or designee, to the architectural renderings dated January 26, 2015 and entitled Hickory Woods Elevations. 9. The applicant/owner agrees that the exterior architectural motif and elevations are to be aesthetically pleasing in appearance and generally compatible in terms of the overall structure and its relationship to other structures based on location, size and quality within the development. The selection of materials shall be harmonious with the architectural motif of each dwelling unit and community as a whole. Exterior materials shall reflect harmony with both the environment and other structures in the neighborhood. Elevation quality, character, material and content should be continued on all sides. The following criteria shall be applied by the Director of Planning or designee to the review and approval of residential structures: a. All home foundations shall be either raised slab or crawl space construction. Finished floor elevations will be a minimum of 16 above the curb elevation in front of the unit. b. Stoops and exposed foundation on the front elevations shall be treated with masonry finish (brick or stone only). Stoops on the front elevations shall be treated with the same masonry as the skirts on an individual house. c. Exterior walls will be a combination of Brick/masonry, wood, vinyl, fiber cement siding, and natural stone. A minimum of two elements shall be provided for each structure. d. All siding, whether wood or vinyl, must have a minimum five-inch (5") lap or course, with 5/4" x 6" on the front corner trim and 5/4" x 4" corner trim on the rear. Twin four-inch (4") siding is prohibited. Roofing material shall be 30 year architectural shingles. Vinyl siding will be limited to premium vinyl siding with a minimum thickness of inches. e. Detached condominium units exterior walls with the same color scheme as adjacent or nearby homes will be permitted on a frequency of only every fourth dwelling unit. f. Single-family attached condominium units shall be a minimum of 1,600 square feet and have a 1 car garage.

21 Page 21 g. Single-family detached condominium units shall be a minimum of 2,000 square feet and have a 2 car garage. h. Sixty percent (60%) of the single-family detached condominium units shall have one of the following characteristics: (1). Detached garage. (2). Garage doors that do not face the dwelling s primary street frontage. (3). Garage doors that are recessed 8 feet or greater from the dwelling s primary facade. i. Each single-family detached condominium unit shall have a front porch with a minimum depth of 4 feet. 10. The applicant/owner agrees to install sidewalks to connect the residential land uses and the commercial land uses on properties subject to this rezoning to promote pedestrian connectivity as generally depicted on the exhibit dated April 24, 2015 on file with the Planning Department. In addition, pedestrian crosswalks shall be installed as generally located on the exhibit dated April 24, 2015 and will consist of brick pavers, stamped concrete or product of similar quality and appropriate pavement striping and signage. The pedestrian network and crossing shall be installed with the construction of the associated streets. The installation of these elements shall be subject to the review and approval of the Director of Development and Permits or designee and shall be completed prior to the issuance of the first certificate of occupancy. 11. The applicant/owner agrees to make certain transportation improvements in order to provide one additional northbound travel lane between Hawk Boulevard and Hillcrest Parkway within the existing rights of way and easements for Battlefield Boulevard. These improvements shall be generally consistent with the exhibit entitled Proposed Battlefield Blvd South Improvements dated July 27, 2015 on file with the Chesapeake Planning Department. The improvements shall be subject to the review and approval by the Director of Development and Permits or designee and shall be constructed in accordance with an approved plan before the issuance of the 75th certificate of occupancy. At final construction plan review, road geometry and cross sections are subject to change to comply with city Standards. When completed these transportation improvements will result in two northbound travel lanes for Battlefield Boulevard between Hawk Boulevard and Hillcrest Parkway and a north bound right turn lane for Hawk Boulevard as generally depicted on the exhibit entitled Proposed Battlefield Boulevard South Improvements dated July 27, 2015 on file with the Chesapeake Planning Department. 12. In the event that the transportation improvements referenced in proffer #11 above are completed by others, the applicant/owner agrees to make a

22 Page 22 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 $4,000 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 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 $1,591; Transportation $1,454; Libraries $570; Emergency Services $385. If certificates of occupancy have been issued before the 75 th certificate of occupancy without the payment of a cash proffer, then the applicant/owner agrees to pay a lump sum amount equal to $4,000 per issued certificate of occupancy for each single-family detached condominium unit. This lump sum payment shall be made with the issuance of the 75 th certificate of occupancy. 13. In the event that the transportation improvements referenced in proffer #11 above are completed by others, the applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,000 per attached (townhouse style) 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 $727; Libraries $351; Emergency Services $237. If certificates of occupancy have been issued before the 75 th certificate of occupancy without the payment of a cash proffer, then the applicant/owner agrees to pay a lump sum amount equal to $4,000 per issued certificate of occupancy for each attached (townhouse style)

23 Page 23 condominium unit. This lump sum payment shall be made with the issuance of the 75 th certificate of occupancy. 14. The applicant/owner agrees to perform improvements to enhance ingress and egress for Hickory Middle School and Hickory High School at the intersection of Battlefield Boulevard. The improvements shall be generally consistent with the exhibit dated April 24, 2015 entitled Proposed Hawk Boulevard Entrance Improvements. These improvements shall be subject to the review and approval by the Director of Development and Permits or designee and the Superintendent of Chesapeake Public Schools or designee before any work commences. All approved work shall be subject to the supervision of the Director of Development and Permits or designee and the Superintendent of Chesapeake Public Schools, or designee, and shall be completed prior to the issuance of the first certificate of occupancy. Completion of these improvements may be extended by the Director of Development and Permits or designee to accommodate the scheduling needs of Chesapeake Public Schools. 15. The applicant/owner agrees to provide for the installation of a traffic signal at the intersection of Battlefield Boulevard and the main entrance of the subject property as depicted on the rezoning exhibit dated April 24, 2015 on file with the Planning Department 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 before the issuance of the final certificate of occupancy based on the number of units depicted on the approved final site plan. The intent of this proffer is to allow the warrant of need analysis to be completed prior to the completion of the development based on the number of units approved for construction on the final site plan. b. In addition, the Director of Development and Permits or designee may issue a written notice to proceed independent of a warrant of need analysis requiring the installation of the traffic signal before the issuance of the last certificate of occupancy. The issuance of a notice to proceed under this subsection shall be based on the need established by a governmental authority. c. The traffic signal 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. The design and installation shall be subject to the review and approval of the Director of Development and Permits, or designee. 16. The conceptual site plan/rezoning exhibit dated April 24, 2015, a copy of which is on file with the Chesapeake Planning Department, has been