R(C) Brooks Run. Docket Item "C" CITY COUNCIL PACKAGE FOR AUGUST 20, 2013

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1 Docket Item "C" CITY COUNCIL PACKAGE FOR AUGUST 20, 2013 R(C) Brooks Run Page 1 2 Application Summary 3 6 Planning Commission Minutes 7 14 Proffer Statement Staff Reports: July 10, July 3, Fiscal Impact Analysis Environmental Site Assessment - Phase I, Executive Summary Architectural Elevations Major Roads Exhibits 53 Site Plan 54 Aerial 55 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 R(C) Brooks Run LOCATION: Adjacent to Olde Mill Run Subdivision, West Side PROPOSAL: A conditional zoning reclassification of approximately 50.1 acres from A-1, Agricultural District, to R-15s, Residential District, for the development of single family homes. SUBMITTED: ACKNOWLEDGED BY COUNCIL: STAFF RECOMMENDATION Denial HEARING DATE: PLANNING COMMISSION RECOMMENDATION: APPROVAL with proffers VOTE: 8-1 ATTACHMENTS Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Environmental Site Assessment Phase I, Executive Summary, Architectural Elevations, Major Roads Exhibits, Site Plan, Aerial, GIS Parcel Exhibit

3 2 APPLICATION SUMMARY R(C) Brooks Run APPLICANT: Titan Development, LLC Attn: Robert W. Horton 4544 Columbus Street, #1103 Virginia Beach, VA Sole Member: Robert W. Horton OWNER: Gayle Ann Culpepper (aka Gayle A. Hughes by marriage) Old Mill Road Chesapeake, VA No address OWNER: Olde Mill Run, LLC Attn: William G. Darden Attn: Emil Viola 1001 Scenic Pkwy, Suite 104 Chesapeake, VA No address Members: Hearndon Construction Corp William G. Darden, Executive Vice President Weiss Lane, LLC Emil Viola, Managing Member AGENCY: Wooten & Shaddock, PLC Attn: Grady A. Palmer, Esq 1435 Crossways Blvd, Suite 303 Chesapeake, VA

4 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 3 R(C) PROJECT: Brooks Run APPLICANT: TITAN Development LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 50.1 acres from A-1, Agricultural District, to R-15s, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Adjacent to Olde Mill Run Subdivision, West Side TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (8-1; Bell/Perry, Hutchinson opposed) 1. 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 $2,546 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 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 $1591; Transportation $0; Libraries $570; Emergency Services $ The applicant/owner agrees to ensure that all residential dwellings shall conform to the following architectural requirements by recording deed restrictions in the Chesapeake Circuit Court Clerk s Office that shall be subject to the approval of the Zoning Administrator prior to recordation:

5 4 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes a. Minimum square footage of each dwelling shall be 2,200 square feet for one story dwellings and 2,400 square feet for two story dwellings. b. Each dwelling shall be constructed either with a crawl space or on a raised slab (finished floor at least 16 above outside ground grade). c. Each dwelling shall be constructed with brick or stone skirt on each side facing a public street. d. Building materials on the exterior of each dwelling shall be limited to the following provided that at least 20% of each dwelling, not counting windows and doors, below the soffit line shall be brick or stone: (1) Cementitious siding (2) Brick (laid up and not simulated) (3) Stone (laid up and not simulated) (4) Stucco (5) Premium vinyl siding (minimum thickness ) The applicant/owner agrees that a property owners association will be created and vested with authority to adopt and enforce these minimum architectural requirements. 3. The applicant/owner agrees that the maximum number of singlefamily lots that may be subdivided on the subject property shall be a. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that.17 AC portion of the subject property that is generally depicted as Pleasant Grove Parkway on the City s current 2050 Master Transportation Plan for the ultimate construction of the Pleasant Grove Parkway. The applicant/owner agrees that the reservation area may be acquired by the City at pre-zoning value. Such reservation shall be shown and recorded on the subdivision plat for the development (and is generally depicted on the Rezoning Exhibit dated 5/6/13. The applicant/owner further agrees that the final subdivision plat shall contain verbiage stating that the reservation may be acquired by the City at pre-

6 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 5 without an amendment to this proffer if either one of two conditions is met: (1) the Pleasant Grove Parkway is removed from the 2050 Master Transportation Plan or subsequent plan or (2) it is determined by the City that the Pleasant Grove Parkway will not be constructed at the location of the reservation a deed of release or subdivision plat will be recorded to memorialize the expiration. b. The applicant/owner agrees to reserve a compressed section of 90 in width, or less as determined appropriate by the Director of Development and Permits or designee, for the extension of Hearring Way as a Master Transportation Plan facility to the north western property line of the subject property. The location of the reservation area for the extension of Hearring Way shall be subject to the approval of the Director of Development and Permits or designee at the time a subdivision plan is submitted for approval for the subject property and may be acquired by the City at no cost. The applicant/owner further agrees to extend, construct and dedicate Hearring Way as a collector street through the property subject to this rezoning. c. The applicant/owner agrees that no dwellings shall be constructed within the reservation areas unless the reservation expires, as provided in the above paragraph. At the time the final subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation and shall also note the reservation on the subdivision plat. 5. In lieu of a $1,454 cash contribution for public transportation facilities, the applicant/owner agrees to widen Weiss Lane for a distance of approximately 2,400 feet from Old Mill Road to a point approximately 500 feet east of Malibu Street. The applicant/owner shall prepare a road widening plan for review and approval by the Director of Development and Permits, or designee to provide for 22 of pavement width. Furthermore, the plan will provide for piped drainage in sections where insufficient public right of way exists and open shoulders and swales in sections where sufficient public right of way exists in order to provide for a pavement width of 22. In the event that a section of public right of way for Weiss Lane is insufficient, the width of the pavement shall be the maximum width allowable within the constraints of the public right of way. Construction of the widening of Weiss Lane pursuant to this proffer shall conform to the approved road widening plan and shall be constructed or bonded as part of the subdivision improvements associated with the subdivision plat which creates the 51 st lot on the subject property.

7 6 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 6. The applicant/owner agrees to construct a left turn lane in Old Mill Road for turns onto Weiss Lane in a manner acceptable to the Director of Development and Permits, or designee, and a right turn taper from Weiss Lane to Old Mill Road subject to the approval of a design to fit within the existing public right of way at the intersection of Old Mill Road and Weiss Lane. The improvements shall consist of pavement, striping and associated drainage necessary to install the left turn lane and right turn taper within the existing public right of way. The applicant/owner agrees that the improvements shall be constructed or bonded to be constructed as part of the subdivision improvements associated with the subdivision plat which creates the 51 st lot on the subject property. Mrs. Hanson read R(C) into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended that R(C) be DENIED as listed in the official agenda. Proponent: Grady Palmer, Agent, Wooten & Shaddock, PLC, 1435 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Walton P. Pete Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Bobby Jennings, Jr., 3608 Eddystone Drive, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself. Opponent: David Hart, 3232 Brown Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. John Lader, 1100 Red Maple Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. The citizens who spoke in opposition were concerned about drainage and traffic issues and felt that this property would become landlocked. COMMISSION VOTE: Commissioner Bell moved that R(C) be APPROVED with the proffers. Commissioner Perry seconded the motion. The motion was carried by a vote of 8-1. Commissioner Hutchinson voted against the motion.

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16 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 15 R(C) PROJECT: Brooks Run APPLICANT: TITAN Development LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 50.1 acres from A-1, Agricultural District, to R-15s, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Adjacent to Olde Mill Run Subdivision, West Side TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (8-1; Bell/Perry, Hutchinson opposed) 1. 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 $2,546 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 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 $1591; Transportation $0; Libraries $570; Emergency Services $ The applicant/owner agrees to ensure that all residential dwellings shall conform to the following architectural requirements by recording deed restrictions in the Chesapeake Circuit Court Clerk s Office that shall be subject to the approval of the Zoning Administrator prior to recordation:

17 16 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes e. Minimum square footage of each dwelling shall be 2,200 square feet for one story dwellings and 2,400 square feet for two story dwellings. f. Each dwelling shall be constructed either with a crawl space or on a raised slab (finished floor at least 16 above outside ground grade). g. Each dwelling shall be constructed with brick or stone skirt on each side facing a public street. h. Building materials on the exterior of each dwelling shall be limited to the following provided that at least 20% of each dwelling, not counting windows and doors, below the soffit line shall be brick or stone: (1) Cementitious siding (2) Brick (laid up and not simulated) (3) Stone (laid up and not simulated) (4) Stucco (5) Premium vinyl siding (minimum thickness ) The applicant/owner agrees that a property owners association will be created and vested with authority to adopt and enforce these minimum architectural requirements. 3. The applicant/owner agrees that the maximum number of singlefamily lots that may be subdivided on the subject property shall be a. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that.17 AC portion of the subject property that is generally depicted as Pleasant Grove Parkway on the City s current 2050 Master Transportation Plan for the ultimate construction of the Pleasant Grove Parkway. The applicant/owner agrees that the reservation area may be acquired by the City at pre-zoning value. Such reservation shall be shown and recorded on the subdivision plat for the development (and is generally depicted on the Rezoning Exhibit dated 5/6/13. The applicant/owner further agrees that the final subdivision plat shall contain verbiage stating that the reservation may be acquired by the City at pre-

18 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 17 without an amendment to this proffer if either one of two conditions is met: (1) the Pleasant Grove Parkway is removed from the 2050 Master Transportation Plan or subsequent plan or (2) it is determined by the City that the Pleasant Grove Parkway will not be constructed at the location of the reservation a deed of release or subdivision plat will be recorded to memorialize the expiration. b. The applicant/owner agrees to reserve a compressed section of 90 in width, or less as determined appropriate by the Director of Development and Permits or designee, for the extension of Hearring Way as a Master Transportation Plan facility to the north western property line of the subject property. The location of the reservation area for the extension of Hearring Way shall be subject to the approval of the Director of Development and Permits or designee at the time a subdivision plan is submitted for approval for the subject property and may be acquired by the City at no cost. The applicant/owner further agrees to extend, construct and dedicate Hearring Way as a collector street through the property subject to this rezoning. c. The applicant/owner agrees that no dwellings shall be constructed within the reservation areas unless the reservation expires, as provided in the above paragraph. At the time the final subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation and shall also note the reservation on the subdivision plat. 5. In lieu of a $1,454 cash contribution for public transportation facilities, the applicant/owner agrees to widen Weiss Lane for a distance of approximately 2,400 feet from Old Mill Road to a point approximately 500 feet east of Malibu Street. The applicant/owner shall prepare a road widening plan for review and approval by the Director of Development and Permits, or designee to provide for 22 of pavement width. Furthermore, the plan will provide for piped drainage in sections where insufficient public right of way exists and open shoulders and swales in sections where sufficient public right of way exists in order to provide for a pavement width of 22. In the event that a section of public right of way for Weiss Lane is insufficient, the width of the pavement shall be the maximum width allowable within the constraints of the public right of way. Construction of the widening of Weiss Lane pursuant to this proffer shall conform to the approved road widening plan and shall be constructed or bonded as part of the subdivision improvements associated with the subdivision plat which creates the 51 st lot on the subject property.

19 18 Chesapeake Planning Commission DRAFT July 10, 2013 Public Hearing Minutes 6. The applicant/owner agrees to construct a left turn lane in Old Mill Road for turns onto Weiss Lane in a manner acceptable to the Director of Development and Permits, or designee, and a right turn taper from Weiss Lane to Old Mill Road subject to the approval of a design to fit within the existing public right of way at the intersection of Old Mill Road and Weiss Lane. The improvements shall consist of pavement, striping and associated drainage necessary to install the left turn lane and right turn taper within the existing public right of way. The applicant/owner agrees that the improvements shall be constructed or bonded to be constructed as part of the subdivision improvements associated with the subdivision plat which creates the 51 st lot on the subject property. Mrs. Hanson read R(C) into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended that R(C) be DENIED as listed in the official agenda. Proponent: Grady Palmer, Agent, Wooten & Shaddock, PLC, 1435 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Walton P. Pete Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Bobby Jennings, Jr., 3608 Eddystone Drive, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself. Opponent: David Hart, 3232 Brown Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. John Lader, 1100 Red Maple Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. The citizens who spoke in opposition were concerned about drainage and traffic issues and felt that this property would become landlocked. COMMISSION VOTE: Commissioner Bell moved that R(C) be APPROVED with the proffers. Commissioner Perry seconded the motion. The motion was carried by a vote of 8-1. Commissioner Hutchinson voted against the motion.

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60 59 Brooks Run R(C) APPLICANT: TITAN Development LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 50.1 acres from A- 1, Agricultural District, to R-15s, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Adjacent to Olde Mill Run Subdivision, West Side TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek