C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA

C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING AGENDA June 19, 2018 6:30 P.M. City Hall Council Chamber 306 Cedar Road ** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK PRIOR TO 6:30 P.M.** NOTE: COPIES OF BACKUP MATERIALS FOR ALL AGENDA ITEMS, INCLUDING THE APPLICATION AND SUPPORTING MATERIALS FOR THE PLANNING PUBLIC HEARING ITEMS MAY BE VIEWED IN THE CITY CLERK S OFFICE OR THE PLANNING DEPARTMENT AT ANY TIME DURING NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY. REMINDER: No Work Session The City Council Work Sessions and Meetings can be viewed live on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable Channel 43) and at CityofChesapeake.net/TV. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television as well as CityofChesapeake.net/TV at the following times: Tuesday - Work Session at 11:30 p.m. and Meeting at 12:30 a.m.; Wednesday - Work Session at 1:00 p.m. and Meeting at 2:00 p.m. and Saturday - Work Session at 8:00 p.m. and Meeting at 9:00 p.m. Speaker Cards will be accepted for the Council Meeting up until the meeting begins. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. or pre-register by calling the City Clerk s Office at 382-6151, Monday through Friday, (8:00 a.m. - 5:00 p.m.) prior to, and including the date of the Council meeting. Non-Agenda speakers are included at the first and third City Council meetings. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD. The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens. Citizens who wish to receive such accommodations must contact Mr. Tim Winslow (382-6273), within three working days prior to the meeting. NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER PLEASE SILENCE CELL PHONES WHILE IN THE CHAMBER 1

C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Agenda June 19, 2018 6:30 P.M. City Hall Council Chamber 306 Cedar Road 1. INVOCATION 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL BY CITY CLERK 4. APPROVAL OF MINUTES 5. PUBLIC HEARING APPLICANTS, AGENTS AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS COUNCIL S CONSIDERATION OF THE PLANNING PUBLIC HEARING ITEMS A. PLN-REZ-2016-019 Shillelagh Commons APPLICANT: Shillelagh Commons, LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 40 acres from A-1, Agricultural District (approximately 34 acres) and R-15s, Residential District (approximately 6 acres) to R-MF-1, Multifamily Residential District (approximately 33 acres) and C-2, Conservation-Recreation District (approximately 7 acres). PROPOSED COMP LAND USE / DENSITY: High Density Residential/less than 16 du/acre, Medium Density Residential/less than10 du/acre and Conservation EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: 875 Shillelagh Road and west side of Shillelagh Road approximately.27 of a mile south of 875 Shillelagh Road TAX MAP SECTION/PARCEL: 0460000000580 and 0580000000700 BOROUGH: Deep Creek The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that residential development on the subject property shall be limited to multi-family (apartment style) and single-family attached (townhouse style) condominium units as depicted on the rezoning exhibit dated revised November 8, 2017, prepared by Land Planning Solutions and on file with the Planning Department (hereinafter referred to as the Exhibit ). 2. The applicant/owner agrees that there shall be a maximum of 425 for sale residential condominium units, which shall include a maximum of 185 attached townhouse style condominiums and a maximum of 240 multifamily (apartment style) condominium units. 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 $1,273.00 per multi-family and attached condominium unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a 2

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 in 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 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 contribution shall be allocated as follows: Schools $685; Transportation $0; Libraries $351; Emergency Services $237. 4. The applicant/owner agrees to dedicate the ultimate 120 right-of-way for Cahoon Parkway on the property subject to this rezoning as depicted on the Exhibit at no cost to the City. The alignment and sufficiency of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee. The right-of-way dedication shall be completed before the issuance of a certificate of occupancy for the 1st residential unit. At any time prior to the issuance of the 1st Certificate of Occupancy, the right of way dedication shall be completed at no cost to the City by municipal acquisition plat within 60 days after receipt of a written request by the Director of Development and Permits or designee. 5. The applicant/owner agrees to design and construct the improvement to the intersection of Cahoon Parkway and Ward Road as depicted on the Exhibit within existing public right-of-way. The improvements shall consist of the elements depicted in the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be completed in accordance with a Department of Development and Permits approved plan before the issuance of a certificate of occupancy for the 1st dwelling unit on the subject property. 6. The applicant/owner agrees to, at its own cost and expense, design and construct the improvements between points A and B as depicted on the Exhibit within the right-of-way acquired by the City pursuant to proffer #1a of R(C)-07-23 (Plantation Greens). The improvements shall consist of the elements generally depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be completed in accordance with a Department of Development and Permits approved plan prior to issuance of the certificate of occupancy for the 1st residential unit. 7. The applicant/owner shall, at its own cost and expense, design and construct the improvements between points B and C as depicted on the Exhibit within the public right-of-way dedication required by proffer #5. The improvements shall consist of the element depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development and Permits approved plan prior to issuance of a certificate of occupancy 3

for the 100th residential unit. 8. The applicant/owner agrees to record a 1 noningress/egress easement on the property subject to this rezoning in a form acceptable to the City Attorney to prohibit vehicular access to Cahoon Parkway extended except at two city-approved intersections as depicted on the Exhibit. The easement shall be established with the dedication of the right-of-way by proffer #4. 9. The applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, landscape buffers, and storm water management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be solely responsible for the adoption and enforcement of the architectural guidelines set out in proffer #10. The condominium association shall be formed before the issuance of the first building permit for a residential structure. 10. The applicant/owner agrees that the exterior architectural motif and elevations shall be compatible in terms of overall structure and its relationship to other structures based on location, size and quality within the development. The selection of materials shall be harmonious with the architectural motif of each dwelling unit and community as a whole. Exterior materials shall reflect harmony with both the environment and other structures in the neighborhood. Elevation quality, character, material and content should be continued on all sides. The above and following criteria shall be applied by the Condominium Association to the review and approval of residential structures: a. Composition sheet siding, exposed wood, exposed concrete or cinder blocks shall be prohibited as exterior materials. b. Exterior walls with the same color scheme as adjacent or nearby homes will be permitted on a frequency of only every fourth dwelling unit. c. Exterior finish materials are fiber-cement siding, brick, stone, stucco (EIFS will not be allowed), wood, and machine cut shingles. Vinyl siding will be limited to premium vinyl siding with a minimum thickness of 0.044 inches. d. Front brick or stone skirt is mandatory. All units shall be constructed on a raised slab with a garage. e. If only one siding material is used then shutters, hinges and dogs shall be provided with skirt treatment of brick or stone. f. If shutters are provided they shall appear operable by including hinges and dogs. g. There shall be a minimum 4 width corner board, window trim and door trim. Windows on the first floor shall be a minimum 6 taller than upper floor windows. h. Roofing: any architectural grade products with a minimum 25 year warranty shall be required. 4

i. The following minimum square footages requirements shall apply: Attached condominium units shall be a minimum of 1,600 square feet. The apartment style condominium units shall be a minimum of 1,000 square feet. j. The applicant/owner agrees the proposed project shall be developed in conformance with the building elevations labeled Townhouse style condominiums and multifamily condominium units on file with the Planning Department as determined by the Planning Director or designee. 11. The applicant/owner shall convey an Avigation Easement (the Avigation Easement ) approval of this Rezoning Application by City Council (and the expiration of any applicable referendum and appeal period associated therewith). Such Avigation Easement shall be recorded in the office of the Clerk of the Circuit Court for the City of Chesapeake (so that the Easement shall be included in the record chain of title for all buyers and lenders having any interest in any portion of the Property), and shall be in a form substantially similar to that attached hereto as Exhibit A (as amended from time to time by written agreement of the applicant/owner and the Airport Authority). In addition, the applicant/owner shall include a notation on any subdivision plat submitted for City approval for any portion of the Property, which note shall provide further notice of the grant of the Avigation Easement over the property subject to this rezoning. The Airport Authority shall have sole authority to enforce the provisions of the Avigation Easement. 12. The applicant/owner agrees to dedicate ½ (one-half) of the ultimate 82 right-of-way along the subject property s frontage on Shillelagh Road. The dedication shall be measured 41 feet from the original centerline, subject to the Director of Development & Permits or designee s review and approval and shall be made prior to site plan approval. The applicant/owner agrees to, at its own cost and expense, install and maintain street trees within the planting verge as shown on the approved streetscape sections of Shillelagh Road in the Dominion Boulevard Corridor Study. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, 12 14 in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted prior to the issuance of a certificate of occupancy for the 150th residential unit and shall be subject to the review and approval of the Director of Development and Permits or designee. 13. The applicant/owner shall install and maintain street trees within the planting verge in a manner consistent with the approved streetscape 5

sections of Cahoon Parkway from point A to point C on the Exhibit as set out in the Dominion Boulevard Corridor Study Area. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, 12 14 in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted in accordance with the timing requirements set out in proffers 6 and 7 above for the extension of Cahoon Parkway. 14. The applicant/owner agrees to make a cash contribution of $75,000 to mitigate the traffic impacts of this development by providing funds for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway. The cash contribution shall be paid to the City prior to the issuance of the first certificate of occupancy. Upon receipt, the contribution shall be applied to the City s Traffic Deposits account (General Ledger Account #1222800007) and shall be applied to this rezoning s share of the cost of the traffic signal installation. 15. The conceptual master plan submitted by Land Planning Solutions dated November 8, 2017 ( the Exhibit ) 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 shall any cause of action 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. 16. The applicant/owner agrees to own and maintain the portion of the subject property zoned C-2 conservation-recreation unless and until the property is conveyed to the City of Chesapeake. 17. The applicant/owner agrees to construct a multi-use asphalt pathway that shall be 10 wide along the west side of the road to be built and dedicated as Cahoon Parkway subject to the review and approval of the Director of Development and Permits, or designee as depicted on the Exhibit. The pathway will run parallel to the improvements constructed between points A and C set out in proffers 6 and 7 and shall be completed prior to issuance of a certificate of occupancy for the 100th residential unit. 6

18. The applicant/owner agrees that its stormwater maintenance facilities shall be designed and constructed to receive and process all runoff generated within the development, as determined by the Director of Development and Permits, or designee. On-site impervious surfaces shall not exceed 50% coverage of the subject property zoned RFM-1 prior to i) the City s completion of the construction of its Shillelagh Road Drainage Improvement Plan or ii) within two (2) years from the date that City Council approves this rezoning. The requirements of the foregoing sentence (the 50% limitation on impervious surfaces) shall expire when the City s completes the construction of its Shillelagh Road Drainage Improvement Plan or within two (2) years from the date that City Council approves this rezoning, whichever occurs first. The applicant submitted the following revised proffers on May 23, 2018: 7. The applicant/owner shall, at its own cost and expense, design and construct the improvements between points B and C as depicted on the Exhibit within the public right-of-way dedication required by proffer #54. The improvements shall consist of the elements depicted on the Exhibit, provided that the Director of Development and Permits, or designee, may approve substitute elements to address design issues. These improvements shall be substantially completed in accordance with a Department of Development and Permits approved plan prior to issuance of a certificate of occupancy for the 100 th residential unit. 9. The applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, landscape buffers, and stormwater management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be solely responsible for the adoption and enforcement of the architectural guidelines set out in proffer #10. The condominium association shall be formed before the issuance of the first building permit certificate of occupancy for a residential structure. 10. j. The applicant/owner agrees the proposed project shall be developed in conformance with the building elevations labeled Townhouse style condominiums and multifamily condominium units on file with the Planning Department as determined by the Planning Director or designee. 11. The applicant/owner shall convey an Avigation Easement (the Avigation Easement ) to the Chesapeake Airport Authority (the Airport Authority ) following the final approval of this Rezoning Application by City Council (and the expiration of any applicable referendum and appeal period associated therewith). Such Avigation Easement shall be recorded in the office of the Clerk of the Circuit Court for the City of Chesapeake (so that the Easement shall be included in the record chain of title for all buyers and lenders having any interest in any portion of the Property), and shall be in a form substantially similar to that attached hereto as Exhibit A (as amended from time to time by written agreement of the applicant/owner and the Airport Authority). In addition, the applicant/owner shall include a notation on any subdivision plat submitted for City approval for any portion of the Property, 7

which note shall provide further notice of the grant of the Avigation Easement over the property subject to this rezoning. The Airport Authority shall have sole authority to enforce the provisions of the Avigation Easement. 12. The applicant/owner agrees to dedicate ½ (one-half) of the ultimate 82 right-of-way along the subject property s frontage on Shillelagh Road to the City of Chesapeake at no cost. The dedication shall be measured 41 feet from the original centerline, subject to the Director of Development & Permits or designee s review and approval and shall be made prior to site plan approval. 13. The applicant/owner agrees to, at its own cost and expense, install and maintain street trees within the planting verge as shown on the approved streetscape sections of Shillelagh Road in the Dominion Boulevard Corridor Study. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, 12 14 in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted prior to the issuance of a certificate of occupancy for the 150 th residential unit and shall be subject to the review and approval of the Director of Development and Permits or designee. 13. 14. The applicant/owner shall install and maintain street trees within the planting verge in a manner consistent with the approved streetscape sections of Cahoon Parkway from point A to point C on the Exhibit as set out in the Dominion Boulevard Corridor Study Area. All such street trees shall be large canopy specimens, as defined by the 2014 edition of the American Standard for Nursery Stock (ANSI Z60.1). Said trees shall be planted an average of 35 feet on center, and 2 1/2 3 caliper, 12 14 in height, with a 6 minimum lower branch height at time of planting. Trees shall be set back from corners of rights of way per the City s Public Facility Manual Sight Visibility Triangle standards. The applicant/owner shall submit a Master Street Tree Planting Plan (hereinafter Plan ) in accordance with Landscape Architectural industry standards prior to or at the time of submitting the site plan construction drawings. The approved street trees shall be planted in accordance with the timing requirements set out in proffers 6 and 7 above for the extension of Cahoon Parkway. 14. 15. The applicant/owner agrees to make a cash contribution of $75,000 to mitigate the traffic impacts of this development by providing funds for the installation of a traffic signal at the intersection of Cahoon Parkway and Grassfield Parkway. The cash contribution shall be paid to the City prior to the issuance of the first certificate of occupancy. Upon receipt, the contribution shall be applied to the City s Traffic Deposits account (General Ledger Account #1222800007) and shall 8

be applied to this rezoning s share of the cost of the traffic signal installation. 15. 16. The conceptual master plan submitted by Land Planning Solutions dated November 8, 2017 ( the Exhibit ) 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 shall any cause of action 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. 16. 17. The applicant/owner agrees to own and maintain the portion of the subject property zoned C-2 conservation-recreation unless and until the property is conveyed to the City of Chesapeake. 17. 18. The applicant/owner agrees to construct a multi-use asphalt pathway that shall be 10 wide along the west side of the road to be built and dedicated as Cahoon Parkway subject to the review and approval of the Director of Development and Permits, or designee as depicted on the Exhibit. The pathway will run parallel to the improvements constructed between points A and C set out in proffers 6 and 7 and shall be completed prior to issuance of a certificate of occupancy for the 100 th residential unit. 18. 19. The applicant/owner agrees that its stormwater maintenance facilities shall be designed and constructed to receive and process all runoff generated within the development, as determined by the Director of Development and Permits, or designee. On-site impervious surfaces shall not exceed 50% coverage of the subject property zoned RFM-1 prior to i) the City s completion of the construction of its Shillelagh Road Drainage Improvement Plan or ii) within two (2) years from the date that City Council approves this rezoning. The requirements of the foregoing sentence (the 50% limitation on impervious surfaces) shall expire when the City s completes the construction of its Shillelagh Road Drainage Improvement Plan or within two (2) years from the date that City Council approves this rezoning, whichever occurs first. B. PLN-USE-2017-038 Shillelagh Commons APPLICANT: Shillelagh Commons, LLC AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a height exception from 35 feet to 57 feet for multifamily buildings. ZONE: A-1, Agricultural District, and R-15, Residential District LOCATION: 875 Shillelagh 9

Road TAX MAP SECTION/PARCEL: 0460000000580 BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulation: 1. The height of the buildings shall not exceed fifty-seven (57) feet. C. PLN-REZ-2017-027 Cinnamon Cove Reconsideration APPLICANT: A & B Contractors PROPOSAL: A conditional zoning reclassification of approximately 1.7 acres from O&I, Office and Institutional District to RMF-1, Multifamily Residential District to construct 12 multifamily apartment units. PROPOSED COMP LAND USE / DENSITY: Low Density Residential/ 7 dwelling units per acre EXISTING COMP LAND USE / DENSITY: High Density Residential/ less than or equal to 16 dwelling units per acre LOCATION: 901 Pine Wood Run TAX MAP SECTION/PARCEL: 0360000000541 BOROUGH: Washington (This item s motion for denial was approved by a vote of 9-0 at the April 17, 2018 City Council meeting.) The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that development of the property subject to this rezoning ( property ) shall be limited to two story buildings with a total of twelve residential units. 2. The owner/applicant agrees that the materials used on the front, sides, and rear of all residential structures shall consist of brick, masonry (stone), cement based siding or high-quality vinyl siding or similar material as determined by the Director of Planning, or designee. Vinyl siding shall be a minimum 0.044-inch-thick siding. 3. The owner/applicant agrees to install a city-standard pedestrian sidewalk along the property s entire frontage on Pinewood Run. The pedestrian sidewalk shall be installed prior to the issuance of any certificate of occupancy on the property. 4. The applicant/owner agrees to install and maintain a 30 reforestation buffer in conformance with the Dominion Boulevard Reforestation Guideline along the portion of the property adjacent to Dominion Boulevard that is not protected by a sound barrier wall. All other required buffers shall be planted and maintained according to the requirements of the Zoning Ordinance. All such landscape materials shall be subject to the review and approval of the Landscape Coordinator and shall be installed prior to the issuance of any certificate of occupancy on the property. The applicant submitted the following revised proffer on May 30, 2018: 1. The applicant/owner agrees that development of the property subject to this rezoning ( property ) shall be limited to two story buildings with a total of twelve eight residential units. D. PLN-USE-2018-003 MB Motorsports Auto Service APPLICANT: Melvin Douglas Aulston PROPOSAL: A conditional use permit to operate a motor vehicle repair facility. ZONE: B-1, Neighborhood Business District LOCATION: 2221 Campostella Road TAX MAP SECTION/PARCEL: 1471001000003 BOROUGH: South Norfolk The Planning Commission recommends approval with the following stipulations: 10

1. The applicant/owner agrees that all motor vehicles left on the property overnight shall be stored indoors or in the overnight storage yard as shown on the preliminary site plan received March 16, 2018 (mark up of survey plat dated October 22, 2010), in compliance with the requirements of Section 13-2400 of the City Zoning Ordinance. 2. The applicant/owner agrees that all work performed on motor vehicles and all storage of motor vehicle parts, including tires, shall occur indoors, in compliance with the requirements of Section 13-2400 of the City Zoning Ordinance. 3. The applicant/owner agrees to remove from the property the existing pump islands and pump island canopy as shown on the preliminary site plan received March 16, 2018, prior to the issuance of a certificate of occupancy. 4. The applicant/owner agrees to close an existing entrance, on Campostella Road, as shown on the preliminary site plan received March 16, 2018. The entrance closure shall be detailed on a Final Site Plan subject to approval by the Director of Development and Permits or designee. The entrance shall be closed to traffic prior to the issuance of a certificate of occupancy. 5. The applicant/owner acknowledges that the existing fence around the area designated as an overnight storage yard as shown on the preliminary site plan received March 16, 2018, is in disrepair and further agrees to construct a new 6 opaque fence (no fabric screening) with a 10 Type A Buffer Yard as required by Section 13-2400 of the City Zoning Ordinance, around this area, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. 6. The applicant/owner agrees to install a 15 Type D Buffer Yard along the rear property line adjacent to the Providence Square neighborhood, as required by Section 19-610 of the City Zoning Ordinance, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. 7. The applicant/owner agrees to install a 10 Type F Buffer Yard adjacent to all public right of ways that border the subject property, as required by Section 19-610 of the City Zoning Ordinance, to be approved by the City s Landscape Coordinator and installed prior to the issuance of a certificate of occupancy. All plant materials may be installed in existing green areas, without the removal of existing pavement, unless desired by the applicant. 8. The applicant/owner shall install a backflow preventer on all water systems, subject to the review and approval of the Director of Public Utilities or designee, prior to the issuance of a Certificate of Occupancy. E. PLN-USE-2018-007 Truly Blessed Learning Center APPLICANT: Karinia Nicole Elliot PROPOSAL: A conditional use permit to operate a child care facility. ZONE: R-6, Residential District LOCATION: 3324 South Military Highway TAX MAP SECTION/PARCEL: 0252011000350 BOROUGH: Deep Creek The Planning Commission recommends approval with the following stipulation: 1. The applicant/owner shall acquire all required licensure from the Department of Social Services and shall comply with all other applicable 11

laws and regulations. F. PLN-USE-2018-008 Xtreme Auto & Truck Sales APPLICANT: Erman Dares Investments, LLC PROPOSAL: A conditional use permit to allow used motor vehicle sales on a 0.52 acre parcel. ZONE: B-2, General Business District LOCATION: 1830 English Avenue TAX MAP SECTION/PARCEL: 0206001000350 BOROUGH: Washington The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner shall not park vehicles for display or sale in any of the following locations: 1) required landscape buffer areas; 2) required off-street parking spaces; or 3) any other area not specifically delineated for display or sales of vehicles on the site plan dated April 16, 2018. 2. The applicant/owner shall install a backflow preventer on all water systems before any takeoffs are made and in accordance with the manufacturer's recommendations, the International Plumbing Code requirements, and the Department of Public Utilities policy. The backflow preventer is to be installed, tested by a Department of Professional and Occupational Regulations (DPOR) certified technician, and documentation received and approved by Public Utilities prior to issuance of a Certificate of Occupancy. G. PLN-USE-2018-009 Great Bridge Pumpkin Patch APPLICANT: John Biddle PROPOSAL: A conditional use permit to operate an outdoor recreational facility, with an alternative parking surface. ZONE: B-2, General Business District LOCATION: 900 North Battlefield Boulevard TAX MAP SECTION/PARCEL: 0360000003590 BOROUGH: Washington The Planning Commission recommends approval with the request for an alternative parking surface and the following stipulations: 1. The applicant/owner agrees that the outdoor recreational facility shall only be permitted to operate from September 12th through November 6th of each successive year. 2. The applicant/owner agrees that access to the site shall be limited to the adjacent car dealership entrance located on Tax Parcel 0360000003580. 3. The applicant/owner agrees to install Erosion and Sediment controls if the conditional use causes mud or sediment to be transported onto paved public roads by motor vehicles or storm water runoff, as determined by the Zoning Administrator or designee. Said Erosion and Sediment controls shall be installed within seven (7) days of visible mud or sediment first being transported to the paved public road. 4. The applicant/owner agrees that portable toilets or similar sanitary facilities will be located on site and functionally available for use during the operational period of the facility as described in stipulation #1. 5. The applicant/owner agrees that all elements of the outdoor recreational facility including, but not limited to sales displays and recreational equipment, shall be setback a minimum of thirty five (35) feet from the front property line. 6. The applicant/owner agrees that this conditional use permit approval does 12

not authorize the installation of any permanent structure on the property. 7. The applicant/owner agrees that conditional use permit approval is limited to the applicant only. H. PLN-USE-2018-010 Pennypacker Firearms APPLICANT: Joseph S. Pennypacker PROPOSAL: A conditional use permit for a Level II Home Occupation for the sale of fire arms. ZONE: R-10s, Residential District LOCATION: 509 Bowling Green Court TAX MAP SECTION/PARCEL: 0372001000200 BOROUGH: Washington The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees that conditional use permit approval is for the sale or transfer of firearms only and does not include the sale of ammunition or include the repair and servicing of firearms. 2. The applicant/owner agrees to have no more than one customer on the subject property during any given day. 3. The applicant/owner agrees that there will be no signage associated with the proposed conditional use. 4. The applicant/owner agrees that no employees or volunteers associated with the Level II Home Occupation will be permitted on the property. 5. The applicant/owner agrees that the hours of operation shall be between 8:00 A.M. to 6:00 P.M., Monday through Saturday. 6. The applicant/owner agrees to install a wireless security system with closed circuit television cameras (CCTV) to monitor the front, sides and rear of the residence. The security system shall include a minimum storage capacity of 48 hours and a motion sensor that immediately notifies the applicant/owner of an incident. The security system shall be installed prior to initiating the conditional use on the subject property. 7. The applicant/owner agrees to maintain a firearms safe with a locking mechanism to restrict unauthorized access and vertical and horizontal bolts for the secure storage of all firearms associated with this conditional use permit, prior to initiating the conditional use on the subject property. 8. The applicant/owner agrees that firearms shall not be shipped directly to the residence. Instead, the applicant owner agrees to maintain a post office box at the nearest Fedex hazardous shipping location, or similar post office box business, for the receipt of all firearms, Said post office box shall be opened prior to initiating the conditional use on the subject property and maintained for the duration of the use. 9. The applicant/owner agrees to obtain a Federal Firearms License through the Bureau of Alcohol, Tobacco, Firearms and Explosives prior to initiating the conditional use on the subject property and maintain such licensure for the duration of the use. 10. The applicant/owner agrees to submit evidence that all security and Post Office Box requirements have been met to the Zoning Administrator. All such evidence shall be subject to the review and approval of the Zoning Administrator. The applicant/owner shall schedule a final inspection of the 13

property with the Zoning Administrator prior to initiating the conditional use on the subject property to assure compliance with the referenced stipulations. 11. The applicant/owner agrees that conditional use permit approval is limited to the applicant only. 6. DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY B. CONSENT AGENDA (1) REFUNDS City Clerk Item A. FF Acquisition, LLC 1400 Kempsville Rd. #109 - $20,875.64 B. FF Acquisition, LLC 1464 Mt. Pleasant Rd. - $20,430.30 C. FF Acquisition, LLC 309 Battlefield South - $19,257.95 D. FF Acquisition, LLC 1620 Cedar Rd. #100 - $17,061.66 E. FF Acquisition, LLC 701 Battlefield Blvd. North #A - $13,551.98 F. Greenbrier Hotel Partners One, LLC - $6,518.37 C. REGULAR AGENDA City Manager Item: (1) CONSIDERATION OF AMENDMENT TO FY 2019 OPERATING BUDGET FOR CHESAPEAKE PUBLIC SCHOOLS 7. UNFINISHED BUSINESS 8. NEW BUSINESS 9. CLOSED SESSION 10. ADJOURNMENT 14