Honeybrooke Subdivision CITY COUNCIL PACKAGE FOR MARCH 24, 2015

Docket Item "A" R(C)-14-14 Honeybrooke Subdivision CITY COUNCIL PACKAGE FOR MARCH 24, 2015 Page 1 2 Application Summary 3 6 Planning Commission Draft Minutes 7 11 Proffer Statement 12 15 Staff Reports: February 10, 2015 16 34 February 5, 2015 35 Fiscal Impact Analysis 36 37 Environmental Site Assessment - Phase I, Executive Summary 38 Rezoning Exhibit/Site Plan 39 Aerial 40 GIS Parcel Exhibit

2 R(C)-14-14 APPLICATION SUMMARY Honeybrooke Subdivision APPLICANT: EcoGreen Development Attn: Paul Galiotos 127 Greengable Way Chesapeake, VA 23322-4274 344-8565 galiotos@msn.com Officer: Paul Galiotos, sole officer/member OWNER: Paul Galiotos 127 Greengable Way Chesapeake, VA 23322-4274 344-8565 galiotos@msn.com AGENCY: Horton & Dodd, PC Attn: Mr. J. Gregory Dodd, PE 300 George Washington Highway North Chesapeake, VA 23323 487-4535 gdodd@hdpc.net

Chesapeake Planning Commission DRAFT February 11, 2015 Public Hearing Minutes 3 R(C)-14-14 PROJECT: Honeybrooke Subdivision APPLICANT: EcoGreen Development AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning reclassification from A-1, Agricultural District (16.43± acres), and B-2, General Business District (0.52± acres), to R-12(a)s, Residential District (14.02± acres) and C-1, Conservation District (2.41± acres) for a portion of the overall site. The remaining 0.52± acres will remain B-2. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: Battlefield Boulevard South and terminus of Darby Run Drive TAX MAP SECTION/PARCEL: portion of 0730000000802 BOROUGH: Pleasant Grove (Continued from the January 14, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-14-14 be APPROVED with the following proffers: (6-1; Perry/Williams, Kish opposed, Hutchinson & Small excused) 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 $4,000.00 (Total amount of $116,000.00). The owner/applicant agrees to make a proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit. The owner/applicant 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 15.2-2303.2 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 $385.00. 2. The applicant/owner agrees there shall be no direct vehicular access to this project via extension of Darby Run Drive. The access to this project shall be via connection to any future development of the currently vacant property to the south and/ or the west of this proposed project. The applicant/owner shall, at its own cost and expense, construct a

4 Chesapeake Planning Commission DRAFT February 11, 2015 Public Hearing Minutes pedestrian access path in substantial conformance with the drawing showing the pedestrian access path which is dated January 27, 2015, and titled Exhibit to Accompany Rezoning Application for Honeybrooke Subdivision. The alignment and sufficiency of the path shall be subject to the review and approval of the Director of Development and Permits or designee and shall be completed prior to the issuance of the first certificate of occupancy on the property subject to this rezoning. 3. A 15 landscape buffer D as described in the City of Chesapeake Landscape Ordinance Section 19-610, Tables and Buffer Yard Standards, shall be installed along the rear lot line of proposed lot 8 as illustrated on the rezoning exhibit dated January 27, 2015 that accompanies this rezoning application. 4. The applicant/owner agrees the total number of residential dwellings within the subject development shall not exceed twenty-nine (29). 5. The applicant/owner agrees to record private covenants and restrictions that would create a Property Owner s Association prior to the issuance of the first certificate of occupancy. The owner/applicant shall also record deed restrictions to assure the development of the subject property will be in accordance with the following requirements of subparagraphs a through d below prior to the issuance of the first certificate of occupancy. The enforcement of subparagraphs a through d shall be the sole responsibility of the Property Owner s Association. a. All dwellings shall be constructed with a minimum 2,400 square feet of living area. b. All dwellings shall be constructed with crawl spaces or on raised slabs (finished floor at least 16 inches above outside ground elevations.) c. All dwellings shall be constructed with brick or stone skirts on all sides. d. Building materials to be used on the exterior of dwellings shall consist of any combination of the following: (1) Cementitious siding. (2) Brick, laid up masonry, not simulated or panalized products. (3) Stone, laid up masonry, not simulated or panalized products. (4) Stucco (5) Premium vinyl siding (minimum thickness 0.044 inches). (6) All roofing shingles shall be architectural grade (25 year minimum; not single layer, 3-tab).

Chesapeake Planning Commission DRAFT February 11, 2015 Public Hearing Minutes 5 6. The applicant/owner agrees that all lots along the north, east and south perimeter of this development will be in excess of the average 12,000 square feet lot area required by the R-12-(a)s zoning district category as shown in concept on the rezoning exhibit dated January 27, 2015 that accompanies this application. 7. The applicant/owner agrees that this rezoning is conditioned on obtaining all required approvals from the Chesapeake Health Department, Department of Environmental Quality and/or the City of Chesapeake to serve the subject property with sewage disposal by connection to City of Chesapeake public sewer system prior to approval of a site development plan. 8. The conceptual site plan prepared by Horton & Dodd, P.C. and entitled Exhibit to Accompany Rezoning Application for Honeybrooke Subdivision, dated January 27, 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. 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. 9. The applicant/owner agrees to purchase and provide computers and other technology equipment to benefit Hickory Middle School s ( school ) use of technology as part of its curriculum. The owner/applicant agrees that all such equipment shall be subject to the School Administration s approval, shall not exceed the value of $31,900.00, and shall be given prior to the issuance of a certificate of occupancy for the first residential dwelling unit. Mrs. Hanson read R(C)-14-14 into the record for Commission review and action. Staff Presentation: Mr. Howlett stated that based on sound planning practices, Planning staff recommended that R(C)-14-14 be DENIED as listed in the official agenda.

6 Chesapeake Planning Commission DRAFT February 11, 2015 Public Hearing Minutes Proponent: J. Gregory Dodd, Horton & Dodd, PC, 300 George Washington Highway, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-14-14 representing the applicant. Greg Marshall, 1316 Darby Run Drive, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-14-14 representing Darby Run neighborhood. COMMISSION DISCUSSION: Commissioner Perry made a motion to approve because the development was consistent with the Land Use Plan. He stated that his motion to approve included striking proffer #3 and recommended all other proffers in the updated staff report. Chairman Kish stated he would not be able to support this application due to the additional access on Battlefield Boulevard. Commissioner Ellis asked the Director of Development and Permits to speak about the access on Battlefield Boulevard. Mr. Tate stated that for connectivity reasons, it would be better to access Darby Run. However, he said in the event that this did not happen, he felt it would be inappropriate to allocate one of the few connections to Battlefield Boulevard that would be accommodating for this development. COMMISSION VOTE: Commissioner Perry moved that R(C)-14-14 be APPROVED with the proffers as listed in the updated staff report excluding proffer #3. Commissioner Williams seconded the motion. The motion was carried by a vote of 6-1. Commissioners Small and Hutchinson were excused. Commission Kish voted against the motion.

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40 Honeybrooke Subdivision R(C)-14-14 APPLICANT: EcoGreen Development AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning reclassification from A-1, Agricultural District (16.43± acres), and B-2, General Business District (0.52± acres), to R-12(a)s, Residential District (14.02± acres) and C-1, Conservation District (2.41± acres) for a portion of the overall site. The remaining 0.52± acres will remain B-2. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: Battlefield Boulevard South and terminus of Darby Run Drive TAX MAP SECTION/PARCEL: portion of 0730000000802 BOROUGH: Pleasant Grove