R(C) Gray s Pointe. Docket Item "A" CITY COUNCIL PACKAGE FOR MARCH 21, 2017

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1 Docket Item "A" CITY COUNCIL PACKAGE FOR MARCH 21, 2017 R(C) Gray s Pointe Page 1 3 Application Summary 4 5 Memo(s) to City Council: February 14, February 1, December 28, Revised Proffer Statement Planning Commission Minutes Staff Report: October 5, Fiscal Impact Analysis 36 Transportation Exhibit 37 Subdivision Site Exhibit 38 Aerial 39 GIS Parcel Exhibit

2 APPLICATION SUMMARY R(C) Gray s Pointe 1 LOCATION: 4905, 5116 & 5117 Charlton Drive. PROPOSAL: A conditional zoning reclassification of acres from A- 1, Agricultural District (19.47 acres) and R-15s, Residential District (3.05+ acres), to R-15s. SUBMITTED: ACKNOWLEDGED BY COUNCIL: STAFF RECOMMENDATION Denial HEARING DATES: PLANNING COMMISSION RECOMMENDATION: APPROVAL with proffers VOTE: 8-1 CITY COUNCIL HEARING DATE: ; ; ACTION: CONTINUED to March 21, 2017 VOTE: 7 1 SUBMITTED: REVISED PROFFER STATEMENT SUMMARY: 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

3 2 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 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. ATTACHMENTS Memo(s) to City Council, Revised Proffer Statement, Approved Minutes, Staff Report(s), Transportation Exhibit, Site Plan, Aerial, GIS Parcel Exhibit

4 APPLICATION SUMMARY R(C) Gray s Pointe 3 APPLICANT: OWNER: OWNER: OWNER: AGENT: Coastal Virginia Developers, LLC Attn: Bob Arnette 901 Centre Parkway, Suite 5 Portsmouth, VA, bobarnette@coastalva.org Sonja S. Gray 5116 Charlton Drive Chesapeake, VA No Telephone No Connie Johnson 5117 Charlton Drive Chesapeake, VA No Telephone No George H. Weatherly, lll et al 3112 Rolling Acres Valrico, FL Site Selection & Design, LLC Attn: James R. Bradford 3452 Cricket Hollow Lane Chesapeake, VA jrbradfor1@yahoo.com

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17 16 Chesapeake Planning Commission October 12, 2016 Public Hearing Minutes R(C) PROJECT: Gray s Pointe APPLICANT: Coastal Virginia Developers AGENT: Site Selection & Design, LLC PROPOSAL: A conditional zoning reclassification of 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 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with following proffers: (8-1, Van Laethem/Morris, Williams opposed). 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.

18 17 Chesapeake Planning Commission October 12, 2016 Public Hearing Minutes 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. Mrs. Shaffer read R(C) into the record for commission review and action. Staff Presentation: Mr. Anya stated that based on the findings in the staff report, Planning staff recommended that R(C) be DENIED. However, if Planning Commission decides to approve this rezoning, the proffers provided are available for consideration as listed in the official agenda. Proponent: James Bradford, Agent, 3452 Cricket Hollow Lane, Chesapeake, Virginia appeared before the Commission on behalf of R(C)-15-13, representing the applicant. Mr. Bradford stated that the application is a 22 acre parcel, which is a remnant of an agricultural district, that has been reclassified as single-family detached residential, R- 15s. The property is bordered to the south by a perennial stream, which is subject to the Chesapeake Bay Act, and has 100-foot buffers on either side. To the east is Davids Mill Drive, to the west is the Greater Willow Lakes community. There is a positive impact in the form of a transportation improvement. West of the intersection of Davids Mill Drive, and Charlton Drive are 240 homes with only one point of access, which is substandard by City policy due to historic zoning. Davids Mill Drive has a 60 foot right of way, with 40 feet of pavement, which is more pavement that is found on a typical residential streets. The intersection of Jolliff Road was improved, and is a much better point of access. This application would make a road connection which would allow for an improved traffic pattern, and take traffic from Willow Lakes off Charlton Drive as well as the local collector street within Davids Mill Drive that is being used for traffic heading south on Jolliff Road. It would redistribute traffic in Davids Mill Drive and Willow Lakes to the collector street.

19 18 Chesapeake Planning Commission October 12, 2016 Public Hearing Minutes The proffer states that the right of way would be recorded with the first subdivision plat, and traffic would be on the road before the Certificate of Occupancy is issued. The application was submitted prior to the July 1, 2016 date when the changes to proffers began. The cash proffers total equals to the historic policy, and will be allocated by department. Opposition: Cynthia Anderson, 5109 Charlton Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself. Ms. Anderson stated that she has lived in her home for 3 years, and her lot sits adjacent to the planned road. She stated that the overcrowding at Chittum Elementary School is severe, and 775 students are enrolled which is higher than the report indicates that was provided to the Planning Commission which states 765 students. She is concerned whether all of the planned development is being accounted for properly for schools. She stated that the type of homes being built will result in increased enrollment in schools and issues with traffic. She expressed concern over the cumulative amount of small projects that are being approved as it relates to impact. She stated that the planned 51 homes would adversely effect enrollment and stated that she moved from Suffolk to Chesapeake to live in a better school district. Her children s classrooms have ranged from students and there have been issues in mobile classrooms. She stated that the road improvements would be improved; however, schools cannot support the homes. She explained that there is an alternative route on Creekview Drive that can be used. She stated that there have been thousands of dollars that have been proffered from other developments, yet there has been no improvement made to Charlton Drive. Mark Vogel, 5129 Lake Shore Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself. Dee-Ann Butler, 5137 Lake Shore Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself. Kaitlyn Hall, 5136 Lake Shore Drive, Chesapeake, Virginia appeared before the commission in opposition of R(C)-15-13, representing herself. Citizens that live in the area of the proposed development stated that they agree with Ms. Anderson on the points she made in opposition to the application, and that the infrastructure does not support the occupancy. There have already been numerous developments and wildlife has suffered. The added homes will make traffic and already overcrowded schools even more problematic.

20 19 COMMISSION DISCUSSION: Chesapeake Planning Commission October 12, 2016 Public Hearing Minutes Commissioner Van Laethem moved to approve application R(C)-15-13, Gray s Point, with the proffers as listed in the official agenda for the following reasons: 1) the proffered transportation movements provide a significant contribution to the City s access management goals and provide relief to a congested area of Western Branch; 2) the development is consistent with the Land Component of the Comprehensive Plan; and 3) the development is consistent with the surrounding uses. Commissioner Van Laethem asked Mr. Tate to further explain the traffic improvements proposed by the applicant. Mr. Tate stated that Davids Mill Drive is a large street that was designed to collect traffic from the area around it. As Davids Mill Drive approaches Jolliff Road it widens to a four lane road before intersecting with Jolliff Road. This provides an ideal location for traffic that will enter and exit Jolliff Road. Charleton Road has characteristics that make the road more fragile than that of Davids Mill Drive. Due to this, it has always been a part of the Master Road Plan to provide a connection to the Willow Lakes area that rely on only one access point. He stated that the connection of the roads will be eased through Daivds Mill Drive. Commissioner Van Laethem stated that there are issues on Charlton Road or Jolliff Road and it is difficult to make a turn. He stated that a connector road will benefit many including first responders and school buses, and is on the 2050 Master Transportation Plan. The road will also add the second ingress/egress for Willow Lakes, which is important for safety and access for City services. The application is consistent with what is being built in the area, and the benefits outweigh the issues related to school overcrowding although that is an important issue that should not be overlooked. He stated that school officials are dedicated to providing adequate learning for students. The economic development leaders within Western Branch support the application and he will support the application. Commissioner Hutchinson stated that she has always supported schools and what is best for children in the community throughout her time as a Planning Commissioner. She stated that the number of children at Chittum Elementary has decreased over the years. Furthermore she expressed that she considers what is best for the land use issues, and the impact upon the community including schools. The increase to the roads in the area is important for access for medical and other services in the event of tragedy. There is an economic development task force in Western Branch that is concerned with businesses leaving the area. She stated that it is a problem to have numerous empty businesses when no new business is attracted and the increase in population will provide a growth opportunity. Although education is extremely important, it is equally important to have sustaining viable communities, and therefore, she will support the project. Chairman Williams stated that he is concerned about the schools and would like to request a 30-day continuance to wait for the new school numbers that are going to be released in early November to assess impact.

21 20 Chesapeake Planning Commission October 12, 2016 Public Hearing Minutes Chairman Williams offered a substitute motion that R(C) be continued to the November 9, 2016 Planning Commission. Commissioner McCormick seconded the motion. Commissioner Van Laethem asked Mr. Bradford what the impact would be on the applicant to have the application continued for 30-days. Mr. Bradford stated that the applicant is happy to comply with a continuance in order to wait for new school numbers, but based upon numbers previously provided, he is unsure how it will impact the commission s decision. Commissioner Van Laethem stated that he is unsure if the numbers will change enough to have impact for him to support a 30-day continuance. Commissioner Perry stated that he agrees with Commissioner Van Laethem that regardless of the numbers children will be educated properly, and a month will not change that. He is prepared to vote. COMMISSION VOTE ON THE SUBSITUTE MOTION: Chairman Williams moved that R(C) be continued to the November 9, 2016 Planning Commission. Commissioner McCormick seconded the motion.. The motion for continuance failed 4-5 Williams/McCormick; Van Laethem, Morris, Perry, Johnson, and Ellis opposed. COMMISSION VOTE ON THE PRIMARY MOTION: Commissioner Van Laethem moved that R(C) be APPROVED with proffers Commissioner Morris seconded the motion. The motion was carried 8-1 Van Laethem/McCormick; Williams opposed.

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40 39 R(C) Gray s Pointe APPLICANT: Coastal Virginia Developers AGENT: Site Selection & Design, LLC PROPOSAL: A conditional zoning reclassification of 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