R(C) Rolling Hills Estates. Docket Item "E" CITY COUNCIL PACKAGE FOR FEBRUARY 16, 2016

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1 Docket Item "E" R(C) Rolling Hills Estates CITY COUNCIL PACKAGE FOR FEBRUARY 16, 2016 Page 1 2 Application Summary 3 11 Proffer Statement Planning Commission Draft Minutes Staff Reports: February 9, February 2, Fiscal Impact Analysis 47 Rezoning Exhibit/Site Plan 48 Aerial 49 GIS Parcel Exhibit

2 R(C) APPLICATION SUMMARY Rolling Hills Estates 1 LOCATION: PROPOSAL: 1488 Taft Road A conditional zoning reclassification of 99.2± acres from A-1, Agricultural District, to RE-1, Residential Estate District. SUBMITTED: ACKNOWLEDGED BY COUNCIL: CITY COUNCIL HEARING DATE: ACTION: APPROVED FOR CONCURRENT ADVERTISING STAFF RECOMMENDATION Denial HEARING DATE: PLANNING COMMISSION RECOMMENDATION: VOTE: APPROVAL with proffers 5 1 (McCormick abstained) ATTACHMENTS Draft Minutes, Staff Report, Fiscal Impact Analysis, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

3 2 R(C) APPLICATION SUMMARY Rolling Hills Estates APPLICANT: AGENCY: OWNER: Ore Builders, LLC P.O. Box Chesapeake, VA ShepelleWatkinsWhite Consulting & Law PLLC Attn: Ms. Shepelle Watkins-White 870 Greenbrier Circle, Suite 405 Chesapeake, VA The Culpepper Realty & Investment, LLC c/o Williams Mullen Attn: Grady A. Palmer 999 Waterside Drive, Suite 1700 Norfolk, VA

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13 12 Chesapeake Planning Commission DRAFT February 10, 2016 Public Hearing Minutes R(C) PROJECT: Rolling Hills Estates, formerly known as The Estates of Culpepper Farms APPLICANT: Ore Builders, LLC AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of 99.2± acres from A-1, Agricultural District, to RE-1, Residential Estate District. PROPOSED COMP LAND USE / DENSITY: Residential with no more than 1 dwelling for every 3 acres EXISTING COMP LAND USE / DENSITY: Agriculture/Open Space ZONING MAP LOCATION: 1488 Taft Road TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (This item was approved for concurrent advertising and will be heard by City Council on February 16, 2016) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (5-1-1, Van Laethem/Johnson, Kish opposed, McCormick abstained) 1. The applicant/owner shall restrict development of the subject parcel to no more than twenty-nine (29) single-family dwelling units. 2. The Applicant/Owner shall establish a property owner s association to own and maintain all open space, landscape buffers, and storm water management facilities associated with the subject property. The property owner s association shall be formed before the issuance of the first building permit for a residential structure. The Applicant/Owner further agrees that the property owner s association shall adopt the conditions listed in 3(a) through (g) below into its architectural guidelines and acknowledges that enforcement of said conditions shall be the sole responsibility of the property owner s association. 3. The applicant/owner agrees that the single-family dwelling units and subdivision shall be constructed to consist of the following features: a.) b.) The applicant/owner agrees that the single-family detached dwellings shall have a minimum of 2,600 square feet of living space for a one story house and a minimum 2,800 square feet of living space for a two story house. Siding materials shall consist of brick, stucco, cementitious siding such as hardi-plank, stone, and/or wood or composite wood siding. Brick and stone as used in the foregoing shall

14 Chesapeake Planning Commission DRAFT February 10, 2016 Public Hearing Minutes 13 mean individual, layed-up masonry and not simulated or panelized product. c.) d.) e.) f.) g.) 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. All roof shingles shall be architectural grade (25 year minimum). The Applicant/Owner agrees that single-layer, "3-tab shingles shall not be used. Foundations shall be crawl or 24 inch raised slab (finished floor at least 16 inches above outside grade) with brick, stone or stucco skirts that are required on all sides and garage must match house foundation siding material. Brick or stone mailboxes. Entry signage shall be in substantial compliance, as determined by the Director of Planning, or designee, with the sign rendering dated December 14, The signage feature shall be constructed prior to recordation of the subdivision plat. 4. 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 $4,000 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 and state law. 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 $1,591.00; Transportation $1,454.00; Libraries $570.00; Emergency Services $ The applicant/owner agrees to construct the following road improvements at its own cost and expense: a.) Widen the pavement section of Taft Road between its intersections of Jury Road and Benefit Road to twenty-two (22) feet as more particularly shown on that exhibit entitled Taft

15 14 Chesapeake Planning Commission DRAFT February 10, 2016 Public Hearing Minutes Road Widening Exhibit Pleasant Grove Borough Chesapeake, Virginia prepared by Hassell & Folks, P.C., dated February 1, The construction, alignment and sufficiency of the additional pavement shall be subject to the review and approval of the Director of Development & Permits or designee, and shall be completed prior to recordation of the subdivision plat. b.) c.) Mill and overlay the northbound lane of Taft Road, as reviewed and approved by the Director of Development and Permits or designee, where widened as discussed in (5)(a) above prior to the issuance of the 11th certificate of occupancy for the subdivision. Construct a right turn lane, the sufficiency and alignment of which shall be subject to the review and approval of the Director of Development and Permits, or designee. The turn lane shall be constructed prior to recordation of the subdivision plat. 6. The applicant/owner agrees to record a one (1) foot wide noningress/egress easement along the property s frontage on Buskey Road, provided that emergency vehicles shall be permitted access to the property over the non-ingress/egress easement area. The noningress/egress easement shall be reflected on the subdivision plat for recordation. 7. The applicant/owner agrees that the conceptual site plan prepared by Hassell & Folkes, P.C. and entitled, Rezoning Exhibit For Plan Rolling Hills Estates, dated January 24, 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 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 Department of Development and Permits and shall supersede any previously filed conceptual site plan. 8. The applicant/owner agrees that this rezoning is conditioned on obtaining approval from the Chesapeake Health Department, Department of Environmental Quality or the City of Chesapeake if a conditional use permit is required for a sewerage disposal system or

16 Chesapeake Planning Commission DRAFT February 10, 2016 Public Hearing Minutes 15 systems to serve the subject property within three (3) years following the effective date of this rezoning in order to comply with the Level of Service Policy for sewer capacity. In the event that the Zoning Administrator finds that the applicant/owner fails to obtain such approval within the said three-year period, the applicant/owner agrees that the rezoning shall be placed on the City Council agenda for reconsideration and possible revocation on grounds of inadequate sewage capacity. Mrs. Shaffer read R(C) into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings contained in the staff report, Planning staff recommended that R(C) be DENIED. Proponent: Shepelle Watkins-White, Agent, ShepelleWatkinsWhite Consulting & Law PLLC, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Roland Les Ore Jr., Ore Builders, Applicant, 213 Silver Maple Drive, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself. Win Culpepper, 1516 Taft Road, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself. Christal Harkins, 2845 Buskey Road, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing herself. Sean Marsden, Hassell & Folkes, PC, Engineer, 325 Volvo Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. COMMISSION DISCUSSION: Commissioner Perry asked Ms. Watkins-White to complete her comments. She addressed some of the findings in the staff report. She spoke with regard to how this project, if approved, would not add any additional burden to City services. She also spoke about Hickory Middle and advised that the price point of the development will not attract younger families with smaller children. She stated that while capacity is an issue in the Hickory Middle School, Chesapeake Public Schools has lost 1100 students over the last five years. Commissioner Ellis asked Mr. Marsden to speak about the proposed septic system.

17 16 Chesapeake Planning Commission DRAFT February 10, 2016 Public Hearing Minutes Mr. Marsden stated that the proposed septic system does not fall under the SDMP plan. He stated that soil tests indicate that a normal septic system will work and the development is consistent with adjacent developments. Commissioner Van Laethem asked Mr. Ore to speak with regard to the HOA. Mr. Ore stated that the HOA will take care of maintaining the entrance and the owners will maintain their own property. Commissioner Van Laethem asked if there be design guidelines. Mr. Ore advised that there will be design guidelines and the streets will be lines with trees throughout the community. All mail boxes will be brick or stone. Commissioner Van Laethem asked Mr. Ore if there are any buffers with the homeowners on the other side and if there will be a clubhouse. Mr. Ore stated that there are no buffers; however, he plans to plants trees in the rear of his property as a buffer and anticipates other property owners will do the same. There will not be a clubhouse. Commissioner Morris asked Jay Tate to speak about the proffer on Taft Road. Will this improvement make this better? Will we be in a better place than we are right now? Mr. Tate stated that it would be less than ideal but it s not a significant hazard. Commissioner Morris asked Mr. Tate if he agreed with Mr. Marsden s explanation. Mr. Tate stated that it was accurate. Commissioner Morris asked Mr. Tate if the word substandard is an agreed upon term in road usage and if it has to do with the width of the road. Mr. Tate stated that if the road is less than City design standards, the road is less than ideal. Commissioners Morris, Perry, Van Laethem, and Ellis stated that they are in support of the application because it is compatible with the surrounding area and there is adequate transportation. COMMISSION VOTE: Commissioner Van Laethem moved that R(C) be APPROVED with the proffers as listed in the official agenda finding the development is consistent with the Land Use Plan, is supported by adequate transportation facilities and is compatible with the existing zoning surrounding the property. Commissioner Johnson seconded the motion. The motion was carried by a vote of 5-1. Commissioner Kish voted against the motion. Commissioner McCormick abstained.

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50 49 R(C) Rolling Hills Estates APPLICANT: Ore Builders, LLC AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of 99.2± acres from A-1, Agricultural District, to RE-1, Residential Estate District. PROPOSED COMP LAND USE / DENSITY: Residential with no more than 1 dwelling for every 3 acres EXISTING COMP LAND USE / DENSITY: Agriculture/Open Space LOCATION: 1488 Taft Road TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (This item was approved for concurrent advertising and will be heard by Planning Commission on February 10, 2016)