A Regular Work Session of the Chesapeake City Council was held March 21, 2017 at 4:30 p.m., in the City Hall Building, 306 Cedar Road.

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1 City Council Work Session March 21, 2017 A Regular Work Session of the Chesapeake City Council was held March 21, 2017 at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Council Member Robert C. Ike, Jr. Mayor Alan P. Krasnoff excused at 4:45 p.m. Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Vice Mayor Richard Rick West Council Member John de Triquet Council Member Suzy H. Kelly Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis, Director of Planning Jaleh Shea, Director of Public Works Eric Martin, City Clerk Sandy Madison, City Auditor Jay Poole, Assistant to the City Manager Anna D Antonio, and other staff members. Others Present: Jeter Deputy City Auditor Anthony Markun, Performance Auditor Keith The following topics were discussed during the Work Session: 1. Upcoming Agenda Items 2. Audit Presentation 3. Arrears The Work Session adjourned at 5:35 p.m. /cs

2 Regular City Council Meeting March 21, 2017 A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on March 21, 2017 at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Lonnie E. Craig PLEDGE OF ALLEGIANCE: The Chesapeake-Virginia Beach Alumnae Chapter of Delta Sigma Theta Sorority, Inc. ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Council Member Robert C. Ike, Jr. Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Absent: Vice Mayor Richard Rick West Council Member John de Triquet - excused Council Member Suzy H. Kelly - excused Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Planning Director Jaleh Shea, Assistant City Attorney Catherine Lindley, Assistant Planning Director Karen Shaffer and other staff members. Mayor Krasnoff called Andrenette Ingram, Chapter President of the Chesapeake- Virginia Beach Alumnae Chapter of Delta Sigma Theta Sorority, Inc. to the podium; Ms. Ingram offered comments. APPROVAL OF MINUTES Mayor Krasnoff stated there were no minutes submitted for approval. APPLICANTS, AGENTS, & CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Madison identified the following speakers prior to the presentation of the Public Hearing Items: Christina Teeuwen, 946 Shillelagh Road, representing self, spoke in opposition to Public Hearing Items (F) and (K). John Teeuwen, 946 Shillelagh Road, representing self, spoke on Public Hearing Item (F). COUNCIL S CONSIDERATION OF THE PUBLIC HEARING ITEMS 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

3 (Continued from the November 15, 2016, January 17, 2017 and February 21, 2017 City Council meetings) Staff recommended denial. Planning Commission recommended 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 right-of-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 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 right-of-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 right-of-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 2

4 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. City Clerk Madison presented the item and stated the agent submitted a letter requesting withdrawal of the application. City Clerk Madison identified the following speakers: James R. Bradford, 3452 Cricket Hollow Lane, representing Site Selection & Design, LLC, was present for questions. Eric Nutt, 4713 Brian s Way, representing self, was not present when called. Diane O Grady, 1501 Barn Swallow Court, representing self, concurred with the request to withdraw the application. Kevin Jurnigan, 5520 Willow Lake Road, representing self, concurred with the request to withdraw the application. Council Member Ike, on a motion seconded by Council Member Ward, moved approval of the request to withdraw R(C) from consideration. There was no discussion. On the motion to approve the request to withdraw R(C) from consideration, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) B. PLN-REZ Marlyn Development Corporation APPLICANT: Marlyn Development Corporation AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 5.79 acres from B-2, General Business District to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: High Density Residential/27.6 du/acre EXISTING COMP LAND USE / DENSITY: Regional Mixed Use ZONING MAP LOCATION: 4300 Portsmouth Boulevard, Unit 300 TAX MAP SECTION/PARCEL: BOROUGH: Western Branch (Continued from the September 20, October 18, October 25 and December 13, 2016 City Council meetings) Staff and the Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees that the property subject to this rezoning will be used for Group Housing for the Elderly as defined in the Chesapeake Zoning Ordinance, 3

5 except that the qualifying age shall be further restricted to 62 instead of 55 as set out in Section of the Chesapeake Zoning Ordinance or any other permitted use in the Office and Institutional (O&I) zoning district. 2. If the subject property is developed as Group Housing for the Elderly, the maximum number of residential units shall be If the subject property is developed as Group Housing for the Elderly, the principal structure shall be constructed to be generally consistent with the building elevations dated June 8, 2016, as determined by the Planning Director, or designee, provided that the Planning Director or designee may approve changes to accommodate site design and engineering. 4. In the event that City Council approves a reduction in the amount of land to be set aside for reserved parking as part of the conditional use permit application pursuant to Chesapeake Zoning Ordinance Section , the applicant/owner agrees that the area shall be maintained as open space for so long as the Group Housing for the Elderly or another less intensive use, as determined by the Zoning Administrator, is in operation on the site. 5. If the subject property is developed as Group Housing for the Elderly, the applicant/owner agrees that the following improvements to the property subject to this rezoning will be constructed prior to the issuance of a final certificate of occupancy. The applicant/owner further agrees that it will have sole responsibility to inspect and maintain the features proffered below. a. Convenience grab bars in all tub/shower enclosures. b. Fire sprinkler and fire alarm system per NFPA 13R and dry fire sprinkler in attic per the VUSBC. c. All units will have handheld shower heads and at least 70% will have shower stalls. d. Lever hardware in place of doorknobs. e. 100% of units will be Type B accessible/adaptable with 2% of units being Type A fully accessible. f. 100% of units will have emergency pull cords. g. 100% of units can be accessed by elevator. h. The building will be an interior corridor building and all exterior entrances will have electronic controlled access. i. Amenities will include: Community Room Fitness Center Beauty Salon Arts and Crafts Room Media Room Library Business Center Interior Mail Room Garden Plots Dog Park 4

6 New proffer #6 was added on December 8, 2016: 6. The applicant/owner agrees to implement a pedestrian connectivity plan on the subject property that shall, at a minimum, provide for pedestrian walkways and connections to the adjacent mall ring road and the residential property to north and west of the subject property. The plan shall be subject to review and approval of the Director of Planning or designee and all elements of the plan shall be installed or bonded prior to the issuance of a Certificate of Occupancy. (Previous proffer #6 is now proffer #7) A conceptual site plan prepared by Cox, Kliewer & Co. a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. City Clerk Madison presented the item, advised the agent was present and had submitted a letter requesting a continuance to the April 18, 2017 City Council meeting. Council Member Ward, on a motion seconded by Council Member Ritter, moved to continue PLN-REZ to the April 18, 2017 City Council meeting. There was no discussion. On the motion to continue PLN-REZ to the April 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) C. PLN-USE Marlyn Project APPLICANT: Marlyn Development Corporation AGENCY: Williams Mullen PROPOSAL: A conditional use permit for Group Housing for the Elderly, with a height exception to allow a building height of 45 feet instead of 35 feet and to allow a private access lane to O&I, Office and Institutional District through B-2, General Business District. The applicant also requests a reduction of the area for reserved parking. The limits of the use permit include approximately 1,640 ft of the Chesapeake Square Mall ring road beginning at the western most intersection of Portsmouth Blvd. and terminating at the subject property. ZONE: B-2, General Business District ZONING MAP LOCATION: 4300 Portsmouth Boulevard, Unit 300 TAX MAP SECTION/PARCELS: , portion of BOROUGH: Western Branch (Continued from the September 20, October 18, October 25 and December 13, 2016 City Council meetings) 5

7 Staff and the Planning Commission recommended approval with the reduction of reserved parking area and the following stipulations: 1. The owner/applicant agrees that the proposed group housing for the elderly building will not exceed 45 feet in height consistent with building elevations titled Cinemark Site, dated June 8, 2016, as approved by the Director of Planning or designee. 2. The owner/applicant agrees that the proposed group housing for the elderly development shall be constructed in substantial compliance with the preliminary site plan, to include but not limited to all open areas and amenities, titled Age-Restricted Apartments, dated May 18, 2016, as approved by the Director of Planning or designee. 3. The owner/applicant agrees that all Fire Department concerns raised in the review memo dated May 12, 2016 shall be addressed to the satisfaction of the Fire Marshall prior to final site plan approval. 4. The required amendments to waive the residential use restriction (Sections 2.01 and 2.02 of the REA) to the Reciprocal Easement and Operating Agreement shall be recorded in the Clerk s Office of the Circuit Court of the City of Chesapeake prior to final site plan approval. City Clerk Madison presented the item, advised the agent was present and had submitted a letter requesting a continuance to the April 18, 2017 City Council meeting. Council Member Ward, on a motion seconded by Council Member Ritter, moved to continue PLN-USE to the April 18, 2017 City Council meeting. There was no discussion. On the motion to continue PLN-USE to the April 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) D. 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 and an expansion of the 2035 Public Utilities Franchise Area. 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 and February 21, 2017 City Council meetings) Staff recommended approval with proffers and with the expansion of the 2035 Public Utility Franchise Area. The Planning Commission recommended 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 6

8 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 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. 7

9 The applicant submitted the following revised proffers on February 28, 2017: 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. 3. The applicant/owner agrees to record an approximate 58 foot wide cross reciprocal access easement connecting the property subject to this rezoning and tax parcel # to a future shared access to Hillcrest Parkway. The width of said cross reciprocal access easement may be amended during site plan review with the written approval of the Director of Development and Permits or designee. If the Director of Development and Permits determines that the easement is necessary and that all required approvals have been obtained (including, but not limited to approvals from the Virginia Department of Environmental Quality and the United States Army Corp of Engineers for the development of tax parcel # ), then he shall issue a written notice to proceed to the applicant/owner. The applicant/owner shall record the easement within 60 days of the date of a notice to proceed, on forms acceptable to the City Attorney. 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 at a location and dimension approved by the Director of Development and Permits or designee within 180 days after the date of the notice to proceed referenced above and bear all costs of such relocation. 5. 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 signal. The City of Chesapeake shall not be obligated in any manner with respect to this proffer. City Clerk Madison presented the item, advised the agent was present and that revised proffers were submitted on February 28, Planning Director Shea presented the staff recommendation. Council Member Ritter, on a motion seconded by Council Member Ike, moved approval of PLN-REZ , with revised proffers and with the expansion of the 2035 Public Utility Franchise Area, as presented. There was no discussion. 8

10 On the motion to approve PLN-REZ , with revised proffers and with the expansion of the 2035 Public Utility Franchise Area, as presented, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) E. 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 and February 21, 2017 City Council meetings) Staff and the Planning Commission recommended 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 City Clerk Madison presented the item, advised the agent was present and available for questions. Council Member Ritter, on a motion seconded by Council Member Craig, moved approval of PLN-USE , with the stipulation, as presented. There was no discussion. On the motion to approve PLN-USE , with the stipulation, as presented, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) F. PLN-REZ Cardinal Meadows APPLICANT: Atlantic Land and Development, LLC AGENCY: Parrish-Layne Design Group PROPOSAL: A conditional zoning reclassification of approximately 27.8 acres from A-1, Agricultural District (19.8 acres), R-15s, Residential District (5 acres) and M-1, Light Industrial District (3 acres) to R-MF1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential/11.2 du/acre EXISTING COMP LAND USE / DENSITY: Dominion Boulevard Corridor District (Urban Mixed Use with 40-80% residential at 30 du/ac; 10-30% office; 10-30% retail; Recreation; Stormwater) LOCATION: Northeast corner of the intersection of Shillelagh Road and Ward Road, west of Cahoon Parkway. TAX MAP SECTION/PARCEL: , , , , , and BOROUGH: Deep Creek (Continued from the December 20, 2016 and January 17, 2017 City Council meetings) Staff recommended denial. The Planning Commission recommended approval with the following proffers: 1. The applicant/owner agrees the total residential unit count shall not exceed 247 single-family attached condominium dwelling units. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities, public transportation 9

11 facilities, public libraries and public emergency service facilities. The amount of the voluntary cash contribution shall be $3,000 per residential dwelling unit. The applicant/owner agrees to make the cash proffer 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 $848; Transportation $1,186; Libraries $576; Emergency Services $ On or before the sale of the first residential unit, the applicant/owner shall record private covenants and restrictions to create a Property Owner s Association, which shall maintain all common areas and enforce the following architectural proffers. The applicant/owner agrees that the following architectural proffers shall govern all new construction of single-family attached condominium dwelling units on the subject property. These provisions (a-f) shall be recorded in the Office of the Circuit Court as Deed Restrictions for all units resulting from this rezoning application. Said Deed Restrictions shall be subject to the review and approval of the Chesapeake Zoning Administrator for compliance with this Proffer Statement prior to recordation. These deed restrictions shall be recorded prior to issuance of the first residential building permit. a. Homes shall have a minimum square footage of heated living space of 1,600 square feet. b. Foundations shall be raised slab construction elevated at least 1 foot above final grade and shall be finished with either brick or parged concrete finishes. c. No more than three exterior materials shall be allowed on each structure, not including doors, windows, shutters, railings, columns and roof materials. d. Roofing materials shall be, at a minimum, dimensional, or architectural asphalt shingles with a weight of 250 pounds per square (100 square feet) or greater will be acceptable, with a minimum 25 year warranty. Standing seam, prefinished metal roofs, painted galvanized metal roofs, composite slate and composite cedar roofs are allowed. e. Exposed roof vent stacks shall be located on the rear of the house for minimum visibility and shall be either painted black or another color matching the roof. Vented fireplace boxes are permitted provided, that they are constructed out of the same primary material as the house and the roof lines are consistent with the main house. f. Owner/applicant agrees the proposed project shall be developed in substantial conformance with the building elevations date-stamped 6/29/16 on file with the Planning Department. Said Architectural Plans shall be subject to the review and approval of the Planning Director or his designee prior to final construction plan approvals. 10

12 4. 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 150th residential unit on the property. b. The traffic signal design and installation shall be subject to the review and approval of the Director of Development and Permits and shall be installed within six (6) months of the date designated on a written notice to proceed issued by the Director of Development and Permits, or designee. c. The applicant/owner shall bond the approved traffic signal as provided for in Section of the Chesapeake City Code. d. In the event that the analysis does not warrant the installation of the traffic signal before the issuance of a certificate of occupancy for the 150th residential unit or if no warrant of need analysis has been conducted, the applicant/owner agrees to make a cash contribution of $20,000 to be paid before the issuance of a certificate of occupancy for the 150th 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 obligations 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, as determined by the City. 5. The conceptual site plan submitted by Parish Layne Design Group and date-stamped June 30, 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. The applicant submitted the following revised proffers on February 27, 2017: 1. The applicant/owner agrees the total residential unit count shall not exceed 247 single-family attached condominium dwelling units and that theyit will not apply for a 11

13 certificate of occupancy for any unit prior to the one-year anniversary date of City Council rezoning approval. 3. c. No more than four three exterior materials shall be allowed on each dwelling unit structure, not including doors, windows, shutters, railings, columns and roof materials. 4. The applicant/owner agrees to construct a multi-use asphalt pathway that shall be 10 wide within the existing right-of-way, up to 10 wide, a multi-use asphalt pathway along Cahoon Parkway prior to the issuance of the 200th certificate of occupancy. The pathway shall connect the existing sidewalk at the Northwest corner of Ward Road, (which shall be reconstructed to match the width of the new pathway) and run along Cahoon Parkway to the exiting existing sidewalk at the Grassfield Road/Cahoon Parkway intersection and shall be subject to the review and approval of the Director of Development and Permits or designee. 5. The applicant/owner agrees to the following right-of-way improvements: a. Dedicate, design and construct ½ of the ultimate 80 foot right-of-way along the subject property s frontage on Shillelagh Road. The dedication shall be measured 40 feet from the original centerline, and shall be subject to the Director of Development & Permits or designee s review and approval and shall be made prior to site plan approval. This right-of-way improvement shall be completed prior to issuance of the 200th certificate of occupancy for dwelling units on the property. The improvement to Shillelagh Road shall include curb & gutter and sidewalk and shall be subject to the review and approval of the Director of Development & Permits or designee. b. Dedicate ½ of the ultimate foot right-of-way on Ward Road and Cahoon Parkway. This dedication shall be measured 4061 feet from the original centerline and shall be subject to the Director of Development & Permits, or designee s, review and approval. Such dedication shall be by deed or plat prior to final site plan approval. c. Dedicate ½ of the ultimate 80 foot right-of-way on Ward Road. This dedication shall be measured 40 feet from the original centerline and shall be subject to the Director of Development & Permits, or designee s, review and approval. Such dedication shall be by deed or plat prior to final site plan approval The applicant/owner agrees to make a cash contribution of $44,000 to mitigate the traffic impacts of this development by providing funds for provide for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway. Said contribution shall be paid to the City prior to the issuance of the 1st certificate of occupancy. Upon receipt, the contribution shall be applied to the City s Traffic Deposits account (General Ledger Account # ) and shall be applied to this rezoning s share of the cost of the traffic signal installation. 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 150th residential unit on the property. 12

14 b. The traffic signal design and installation shall be subject to the review and approval of the Director of Development and Permits and shall be installed within six (6) months of the date designated on a written notice to proceed issued by the Director of Development and Permits, or designee. c. The applicant/owner shall bond the approved traffic signal as provided for in Section of the Chesapeake City Code. d. In the event that the analysis does not warrant the installation of the traffic signal before the issuance of a certificate of occupancy for the 150th residential unit or if no warrant of need analysis has been conducted, the applicant/owner agrees to make a cash contribution of $20,000 to be paid before the issuance of a certificate of occupancy for the 150th 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 obligations 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, as determined by the City The applicant/owner shall install and maintain, street trees as streetscape within the planting verge as shown on the approved streetscape sections of Cahoon Parkway, Ward Drive and Shillelagh Road in the Dominion Boulevard Corridor Study. dated and on file with the Department of Public Works. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the first phase site plan construction drawings. Said Plan shall be subject to the review and approval of the City s Landscape Coordinator. Further, each landscape phase in the Plan shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of the first certificate of occupancy within the correlating phase. 8. The applicant/owner agrees that its stormwater maintenance facility will be designed and constructed to receive and process all runoff generated within the development, as determined by the Director of Public Works or designee. Further, onsite impervious development shall not exceed 50% of the proposed development as generally depicted on the conceptual site plan dated June 30, 2016 and prepared by Parrish-Layne Design Group. This 50% limitation shall expire upon the first to occur of i) the City s completion of the construction of its Shillelagh Road Drainage Improvement Plan or ii) within two (2) years from the date of City Council rezoning approval. 13

15 9 8. The conceptual site plan submitted by Parrish-Layne Design Group and date-stamped June 30, 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. 10. The portion of the property subject to this rezoning that is immediately adjacent to Shillelagh Road, as depicted on the exhibit conceptual site plan submitted by Parrish-Layne Design Group and date stamped June 30, 2016 entitled and dated shall be reserved for mixed-use buildings consisting of a first floor restricted to commercial use and, at a minimum, a second floor restricted to residential use. All proposed floors above the first floor shall be restricted to residential use. The buildings shall be constructed with the commercial front entry ways facing Shillelagh Road. No residential dwelling units shall be constructed in the area reserved for mixed-use buildings until commercial use is a permitted use on said portion of the property. Further, no residential dwelling unit in the area reserved for mixed-use buildings shall be occupied until the issuance of the first certificate of occupancy for commercial use. City Clerk Madison presented the item and advised the applicant had submitted revised proffers on February 27, Planning Director Shea presented the revised staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (F): Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, representing Atlantic Land and Development, LLC. Ottis Spruill, 929 Shillelagh Road, representing self. Bill Blankenship, 321 Great Bridge Boulevard, representing Atlantic Land and Development, LLC. Virginia Ginny S. Cross, 321 Great Bridge Boulevard, representing Atlantic Land and Development, LLC. Brian Layne, 1500 Rick Fletcher Court, representing Parrish-Layne Design Group. William L. Jones, Jr., 796 Shillelagh Road, representing self. Barry Cross, 321 Great Bridge Boulevard, representing Ashdon Builders, Inc. Julie Dominesey, 777 Shillelagh Road, representing self. George A. Galo, 205 Meadowlane Point, Lancaster, Virginia, representing self. Cory Goulette, 319 Great Bridge Boulevard, representing self. 14

16 City Clerk Madison identified the following speakers who spoke in opposition to Public Hearing Item (F): Jennifer Knight, 1232 Ballahack Road, representing self. Jennifer Cook, 2041 Cedar Road, representing self. Ralph Stewart, Jr., 1841 Cedar Road, representing self. Paul Pearce, 1044 Shillelagh Road, representing the neighborhood. Michael Collins, 1457 Shillelagh Road, representing self. Ray Morris, 900 Shillelagh Road, representing self, was not present when called. Laurie Perriello, 1045 Shillelagh Road, representing self. City Clerk Madison identified the following citizens who were in attendance and concurred with the previous speakers in support of Public Hearing Item (F): Stacey Golden, 761 Shillelagh Road, representing self. Michael Dominesey, 100 Clancey Court, Elizabeth City, North Carolina, representing self. Karl Lambert, 457 Parker Road, representing self. John Hull, 140 Kempsville Road, representing self. Wendy Larson, 1604 Beardsly Court, representing self. Sheila Brickner, 1604 Beardsly Court, representing self. Doug Brickner, 1604 Beardsly Court, representing self. William D. Cross, 825 Corona Lane, representing self. Josi Brown, 793 George Washington Highway, representing self. Marjorie K. Reynolds, 722 Shillelagh Road, representing self. Carl W. Reynolds, 722 Shillelagh Road, representing self. Christina M. Reynolds, 722 Shillelagh Road, representing self. Donnie Cross, 321 Great Bridge Boulevard, representing self. Cynthia Roberts, 828 Washington Drive, representing self. Fred Roberts, 828 Washington Drive, representing self. Ken Johnson, 761 Shillelagh Road, representing self. Betty Johnson, 761 Shillelagh Road, representing self. Mike Bailey, 780 Shillelagh Road, representing self. City Council recessed at 8:06 p.m. and reconvened the meeting at 8:11 p.m. Mayor Krasnoff requested Director of Permits and Development Jay Tate come to the podium to address citizen concerns. Vice Mayor West, on a motion seconded by Council Member Ike, moved approval of PLN-REZ with revised proffers, as presented. Vice Mayor West spoke in support of the motion. City Attorney Proctor clarified the revised proffers submitted by the applicant. Council Member Davis stated his opposition to the project and requested staff to explore the use of Business Improvement Districts, as currently being used in Boston, Virginia. Mayor Krasnoff requested Mr. Blankenship return to the podium for questions. Mayor Krasnoff requested Mr. Tate return to the podium; Mr. Tate answered questions from City Council Members and addressed the concerns brought forward by previous speakers. 15

17 There was no additional discussion. On the motion to approval PLN-REZ with revised proffers, as presented, voting yes: Council Members Craig, Ike, Krasnoff, Ward and West. Voting no: Council Members Davis and Ritter (Council Members de Triquet and Kelly excused) G. 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 (Continued from the February 21, 2017 City Council meeting) Staff and the Planning Commission recommended 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 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 16

18 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 indicated in this proffer statement, the public improvements depicted on the conceptual site plan are not being proffered. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (G): Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, representing VLP Associates, LLC. Victor Pickett, 3162 Ballahack Road, representing VLP Associates, LLC. Brian Layne, 1500 Rick Fletcher Court, representing VLP Associates, LLC. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (G): Ed Davis, 1301 Hillside Avenue, representing self. Council Member Ike, on a motion seconded by Vice Mayor West, moved approval of PLN-REZ , with proffers, as presented. Council Member Ike spoke in support of the motion. Council Member Davis spoke in opposition to the motion. There was no additional discussion. On the motion to approve PLN-REZ , with proffers, as presented, voting yes: Council Members Craig, Ike, Ritter, Ward and West. 17

19 Voting no: Mayor Krasnoff and Council Member Davis (Council Members de Triquet and Kelly excused) H. 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, January 24 and February 21, 2017 City Council meetings) Staff and the Planning Commission recommended 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 18

20 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 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 19

21 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 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-ofway, 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 rightof-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. 20

22 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 non-authorized manmade 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 commence until this application has been approved by the Chesapeake City Council. 21

23 The applicant submitted the following revised stipulation on February 21, 2017: #5. The owner/applicant shall apply for any necessary permits and install a monitoring wells in the locations shown on the exhibit entitled Southern Pines CUP Renewal Proposed Alternate Monitoring Well Locations dated February 15, 2017 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 wells 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 wells 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. City Clerk Madison presented the item, advised the agent was present and had submitted revised stipulations on February 21, Planning Director Shea presented the staff recommendation. Mayor Krasnoff requested City Attorney Proctor to confirm stipulation #5. Council Member Ritter, on a motion seconded by Council Member Ward, moved approval of PLN-USE , with the reduction in setback from residential uses from 1,000 feet to 250 feet and with revised stipulations, as presented. There was no discussion. On the motion to approve PLN-USE , with the reduction in setback from residential uses from 1,000 feet to 250 feet and with revised stipulations, as presented, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) I. PLN-TXT CZO: Farmers Markets Regulations An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, Section 3-403; Article 7, Section and 7-602; Article 10, Sections and ; and enacting Article 13, Section , to adopt regulations allowing farmers markets provided certain requirements are met and to correct clerical errors in the definitions in Article 3. (Continued from the January 17, 2017 City Council meeting) Staff and the Planning Commission recommended approval of version dated November 23, City Clerk Madison presented the item and stated staff submitted a request for a continuance to the May 16, 2017 City Council meeting. Council Member Davis, on a motion seconded by Council Member Ward, moved to continue PLN-TXT to the May 16, 2017 City Council meeting. There was no discussion. On the motion to continue PLN-TXT to the May 16, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) J. PLN-REZ R&J Motel Management APPLICANT: R & J Motel Management, Inc. AGENCY: Verebley and Associates PROPOSAL: A conditional 22

24 zoning reclassification of approximately 8.29 acres from O&I, Office and Institutional District (7.71 acres) and B-2, General Business District (0.58 acres), to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Urban Mixed Use and Business/Commercial LOCATION: 220 Rainbow Lane TAX MAP SECTION/PARCEL: BOROUGH: Washington Staff and the Planning Commission recommended approval with the following proffer: 1. The owner/applicant agrees that the proposed hotel will be constructed to be consistent with the building elevation with the color rendering labeled Color Scheme B prepared by Verebely & Associates dated January 31, 2017, on file with the Planning Department. The owner/applicant further agrees to use brick veneer and hardie plank building materials, with parapet walls capped with multi-piece decorative copping, consistent with said building elevation. The owner/applicant agrees that any future building construction on the property subject to this rezoning will conform to the same architectural style and building materials as said building elevation, as determined by the Director of Planning or designee. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speaker in support of Public Hearing Item (J); William Verebely, 2200-F Dunbarton Drive, representing R & J Motel Management, Inc. Council Member Ward, on a motion seconded by Vice Mayor West, moved approval of PLN-REZ with the proffer, as presented. Council Member Ritter spoke in opposition to the motion. Mayor Krasnoff requested Mr. Verebley to return to the podium to answer questions by City Council Members. Vice Mayor West noted his opposition to the motion and proposed a (30) thirty day continuance to further review the application. Following the discussion of a thirty (30) day continuance, Council Member Ward withdrew her motion to approve PLN-REZ , as presented, and Vice Mayor West, as the second, agreed. Vice Mayor West, on a motion seconded by Council Member Ike, moved to continue PLN-REZ , to the April 18, 2017 City Council meeting. There was no additional discussion. On the motion to continue PLN-REZ to the April 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) K. PLN-TXT CZO: Sign Regulations An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, Section 3-403; Article 6, Section ; Article 7, Sections and 7-513; Article 10, Section and ; Article 11, Section ; Article 12, Sections , , and ; Article 13, Sections and ; Article 14, Sections , , , , , 14-23

25 705, , , , and ; Article 16, Section ; Article 19, Section ; and Article 20, Section , to amend the provisions referencing signs to be in compliance with constitutional requirements and to amend other sections to update references to maintain consistency. Staff and the Planning Commission recommended approval of version dated January 24, City Clerk Madison presented the item and stated staff had submitted a request for a continuance to the June 20, 2017 City Council meeting. City Clerk Madison identified the following speaker on Public Hearing Item (K): Cheryl Lacey, 605 Resh Court, representing self. Council Member Ritter, on a motion seconded by Council Member Ike, moved to continue PLN-TXT to the June 20, 2017 City Council meeting. Brief discussion ensued between Council Member Ritter and City Attorney Proctor on the issue brought forward by Ms. Lacey. Council Member Ike requested staff provide a report on obtaining a predicted dialing phone system for sign ordinance violations. There was no additional discussion. On the motion to continue PLN-TXT to the June 20, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Madison stated there were no speakers at this time. REGULAR AGENDA City Attorney Item (1) AN ORDINANCE AMENDING THE CHESAPEAKE CITY CODE, CHAPTER 14, ARTICLE V, SECTION AND ARTICLE VI, SECTIONS , , , AND ; CHAPTER 58, ARTICLE II, SECTION 58-28; CHAPTER 66, ARTICLE I, SECTION 66-4 AND ARTICLE II, SECTION , CHAPTER 74, ARTICLE VII, SECTIONS AND TO AMEND THE PROVISIONS REFERENCING SIGNS TO BE IN COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS AND TO AMEND OTHER SECTIONS TO UPDATE REFERENCES FOR PURPOSES OF CONSISTENCY City Attorney Proctor presented the item and requested a continuance to the June 20, 2017 City Council meeting. Council Member Craig, on a motion seconded by Council Member Ward, moved to continue the Ordinance to the June 20, 2017 City Council meeting. There was no discussion. On the motion to continue the Ordinance to the June 20, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Krasnoff, Ritter, Ward and West. Voting no: None (Council Members de Triquet and Kelly excused) UNFINISHED BUSINESS Mayor Krasnoff asked City Council Members for any Unfinished Business; there was none offered. 24

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