King Property Rezoning CITY COUNCIL PACKAGE FOR DECEMBER 17, 2013

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1 Docket Item "B" R(C) King Property Rezoning CITY COUNCIL PACKAGE FOR DECEMBER 17, 2013 Page 1 2 Application Summary 3 5 Planning Commission Minutes 6 11 Proffer Statement Staff Reports: November 13, November 4, Fiscal Impact Analysis Environmental Site Assessment - Phase I, Executive Summary 26 Rezoning Exhibit/Site Plan 27 Aerial 28 GIS Parcel Exhibit

2 APPLICATION SUMMARY 1 R(C) King Property Rezoning LOCATION: PROPOSAL: 1326 Waters Road A conditional zoning reclassification of 5± acres from A-1, Agricultural District, to R-10(s), Single Family Residential District, to construct single family detached homes. SUBMITTED: ACKNOWLEDGED BY COUNCIL: STAFF RECOMMENDATION Approval with proffers PLANNING COMMISSION HEARING DATE: RECOMMENDATION: APPROVAL with proffers VOTE: 9-0 ATTACHMENTS Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Environmental Site Assessment Phase I - Executive Summary, Architectural Elevations, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

3 2 APPLICATION SUMMARY R(C) King Property Rezoning APPLICANT: Kopassis Construction, Inc. Attn: Andrew Kopassis 1660 Bay Point Drive Virginia Beach, VA No applicant address Officers: Andrew X. Kopassis, President Mimi Stephan-Kopassis, Secretary OWNER: John T. and Helen King 1326 Waters Road Chesapeake, VA No owner address AGENCY: Poole Mahoney, PC Attn: Grady Palmer 860 Greenbrier Circle, Suite 401 Chesapeake, VA

4 Chesapeake Planning Commission DRAFT November 13, 2013 Public Hearing Minutes 3 R(C) PROJECT: King Property Rezoning APPLICANT: Kopassis Construction, Inc. AGENCY: Poole Mahoney, PC PROPOSAL: A conditional zoning reclassification of 5± acres from A-1, Agricultural District, to R-10(s), Single Family Residential District, to construct single family detached homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1326 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (9-0; Williams/Perry) 1. The applicant/owner agrees to have a Qualified Environmental Professional (QEP) remove the petroleum Underground Storage Tank (UST) located at 1326 Waters Road (TMN ) at their own cost and expense, in accordance with the Virginia Department of Environmental Quality s (VADEQ) Storage Tank Program Technical Manual (Guidance Document # ). A Letter of No Further Action Required from DEQ and the tank closure report shall be provided to the Department of Public Works (Attn: David Mergen) for review and approval prior to the issuance of a land disturbing permit. 2. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property 120 feet in width that is generally depicted as Waters Road extended on the City s current 2050 Master Transportation Plan for the ultimate construction of a realignment of Waters Road. The applicant/owner agrees that the reservation area may be acquired by the City at prezoning value. Such reservation shall be shown and recorded on the subdivision plat for the development of the subject property. The owner/applicant further agrees that the subdivision plat shall contain verbiage stating that the reservation may be acquired by the City as pre-zoning value when the Waters Road Extended becomes a funded project. In addition, the reservation shall expire in the event that: (1) Waters Road extended is removed from the 2050 Master Transportation Plan or subsequent plan or (2) it is determined by the City that Waters Road extended will not be constructed at the location of the reservation. Upon the completion of either of the two conditions mentioned above, the owner/applicant shall prepare, execute and record a release of reservation deed for the above mentioned reservation.

5 4 Chesapeake Planning Commission DRAFT November 13, 2013 Public Hearing Minutes (a) (b) Furthermore, the applicant/owner agrees to own and maintain the reservation area and that no dwellings or structures shall be constructed within the reservation area unless the reservation expires, as provided in the above paragraph. At the time the 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. 3. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $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 contribution shall be allocated as follows: Schools $1591; Transportation $1454; Libraries $570; Emergency Services $ The applicant/owner shall, at its own cost and expense, design and construct an additional right turn lane for the east bound traffic on Waters Road at the intersection with Johnstown Road. The improvements shall include widening east bound Waters Road to provide two out bound lanes with sufficient width and turning radii within the City s existing right-of-way and the dedicated portion of the property known as Johnstown Estates, road design, road construction, project management, paving, striping, installing curb and gutter, ditch and shoulder improvements, and improving roadside drainage facilities. These improvements shall be subject to the review and approval by the Director of Development and Permits, or designee, and shall be designed and constructed in accordance with the Development and Permits requirements or bonded before approval of the subdivision plat. Mrs. Hanson read R(C) into the record for Commission review and action.

6 Chesapeake Planning Commission DRAFT November 13, 2013 Public Hearing Minutes 5 Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that R(C) be APPROVED with the proffers as listed in the official agenda. COMMISSION VOTE: Commissioner Williams moved that R(C) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 9-0.

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29 28 King Property Rezoning R(C) APPLICANT: Kopassis Construction, Inc. AGENCY: Poole Mahoney, PC PROPOSAL: A conditional zoning reclassification of 5± acres from A-1, Agricultural District, to R-10(s), Single Family Residential District, to construct single family detached homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1326 Waters Rd TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove

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