C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING February 17, 2009 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: The Closed Session will begin at 4:00 p.m. The Work Session will begin at 4:45 p.m. (or following the end of the scheduled closed session) in the 4 th floor Human Resources Training Room. The topics of discussion will be: 1) Revenue Update 2) Council Member Updates The City Council Work Sessions and Meetings can be viewed live on WCTV-48 and heard on WFOS-FM 88.7. Meetings are retelecast on WCTV-48 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. PLEASE NOTE: Speaker Cards will not be accepted for the Council Meeting after 6:30p.m. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. Citizens may also 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. ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live on WCTV-48 and heard on WFOS- FM 88.7. 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. William M. Broome, Director of General Services (382-8976), within three working days prior to the meeting. NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER PLEASE TURN OFF CELL PHONES WHILE IN THE CHAMBER
1. INVOCATION C I T Y OF C H E S A P E A K E CITY COUNCIL MEETING February 17, 2009 6:30 P.M. City Hall Council Chamber 306 Cedar Road 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 PUBLIC HEARING ITEMS: A. UP-08-32 PROJECT: Ballahack Airsoft APPLICANT: Christopher J. Wratten and Christopher P. Wratten PROPOSAL: A conditional use permit for an outdoor recreational facility (airsoft playing field) and a request for an alternative parking surface in accordance with Section 19-406(C) of the Chesapeake Zoning Ordinance. ZONE: A-1, Agricultural District SIC CODE: 7999 LOCATION: 2900 Ballahack Road TAX MAP SECTION/PARCEL: 1050000000142 BOROUGH: Pleasant Grove The Planning Commission recommends approval including the request for an alternative parking surface and with the following stipulations: 1. The hours of operation shall be from 9 a.m. to sunset daily. 2. The applicant shall post and maintain a sign at the entrance to the facility that outlines safety rules for players, including the requirements that players must wear eye protection at all time. 3. The applicant shall install a city standard commercial entrance within 4 months of the approval of this conditional use permit or otherwise seek an extension through the Department of Public Works. 2
4. The applicant/owner agrees to dedicate one-half of the ultimate 120 right-of-way along the property s frontage with Ballahack Road in accordance with the 2050 Master Transportation Plan. This dedication shall be recorded or filed for recording before approval of a final site plan. 5. The applicant/owner agrees to expend a reasonable effort to allow only biodegradable pellets for use on the property. 6. Playing fields shall be at least 180 feet from all adjacent property lines and from Ballahack Road due to the projectile range of the pellets. Signs or flags shall be posted on the property identifying this area. 7. No trees shall be removed within the existing wooded area (15 foot minimum) along Ballahack Road. 8. The applicant/owner shall not permit the parking of more than 100 cars each day of operation. In no event shall cars be permitted or encouraged to park along Ballahack Road or off-site. B. UP-08-31 PROJECT: Southern Aggregates Material Recovery Facility APPLICANT: Southern Aggregates, LLC AGENCY: Martin Engineering PROPOSAL: A conditional use permit to allow a solid waste management facility and a waiver from the required setback from an exterior property line from 150 feet to 50 feet in accordance with Section 62-92 of the Chesapeake Zoning Ordinance. ZONE: M-2, General Industrial District SIC CODE: 495 LOCATION: 3900 Shannon Street TAX MAP SECTION/PARCEL: 1500000000010, 1500000000020, 1500000000030 BOROUGH: South Norfolk The Planning Commission recommends approval with the following stipulations: 1. The solid waste management facility shall operate in compliance with the definition of a Resource Recovery System as defined by Section 62-86 of the City Code. 2. The solid waste management facility shall only process the Light Weight Aggregates used to filter stormwater runoff and other miscellaneous organic materials and trash commonly found in drainage structures. Hazardous wastes, household waste and all other sources of solid waste not related to the cleaning and maintenance of drainage structures shall be prohibited. All storage of solid waste shall be temporary pending reuse, recycling or disposal at an authorized off site facility. 3. The solid waste management facility shall be authorized to occupy a portion of an existing building not to exceed 11,250 square feet and a portion of an existing concrete pad not to exceed 11,250 square feet and a portion of an existing asphalt pad not to exceed 11,000 square feet as shown on the Preliminary Site Plan titled, Southern Concrete Material Recovery Facility at Money Point, dated January 6, 2009. If desired, the applicant may relocate the 11,250 square feet of area authorized on the concrete pad to the asphalt pad for a total authorized area on the asphalt pad not to exceed 22,250 square feet. 3
4. All sorting and processing of solid wastes shall occur inside the building except for the organic material that may be processed outdoors on the concrete and asphalt pads. All organic material shall maintain a minimum 150 setback from the exterior property line. 5. The 50 foot portion of the Resource Protection Area Buffer (RPA) on the west side of the existing concrete pad shall be re-vegetated at a minimum length of 300 feet. The portion of the existing pad that encroaches into the 50 foot portion of the buffer may remain as is. The existing soils shall be rehabilitated and improved as necessary and planted with ground covers and low growing shrubs effective at retarding runoff and filtering pollutants. All landscape improvements shall be shown on the Final Site Plan and approved by the Director of Planning or his designee. All landscaping shall be installed prior to the issuance of a Certificate of Occupancy. 6. All required federal, state and local permits shall be obtained prior to the issuance of a Certificate of Occupancy for the facility. C. UP-08-02 PROJECT: Southern Pines Borrow Pit APPLICANT: Vico Construction Corporation AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to extend the operation of an existing borrow pit for seven (7) years and to increase the depth of excavation. The applicant also seeks re-approval of the reduction in setback from residential uses from 1000 feet to 250 feet. ZONE: B-2, General Business District; O&I, Office and Institutional District; M-1, Light Industrial District SIC CODE: 101-149 LOCATION: 4076 South Military Highway TAX MAP SECTION/PARCEL: 0230000000261 BOROUGH: Deep Creek (Continued from the September 16, 2008, November 18, 2008 and December 16, 2008 City Council meeting) Planning Commission recommends approval with the following stipulations: 1. The applicant, including its agents and/or successors in title or Interest, shall not seek federal, state, or local permitting for any type of landfill activity at any time in the future: nor shall the applicant, its agents and/or successors in title or interest, operate any type of solid waste management facility, as defined in chapter 62 of the City Code, on the property at any time in the future. 2. The hours of operation for all excavating work associated with the application shall be 7:30 a.m. to 5:00 p.m., Monday through Friday. Saturday operation will be limited to 8:00 a.m. to 1:00 p.m., and no Sunday operation will be permitted. In addition, the following National holidays will also be honored with no excavation work Being performed: July 4, Labor Day, Memorial Day, Thanksgiving, Christmas, and New Years Day. 3. The existing landscape berm, including without limitation the existing vegetation thereon, shall be maintained in its entirety for the duration of this conditional use permit or acceptance of the subject property by the city, which ever is first to occur. This stipulation is not intended to require either the applicant/owner or the City of Chesapeake to remove the berm. 4
4. The developer agrees that all traffic associated with the transport of excavation material to and from this location shall utilize the Military Highway interchange at Interstate route 64 (no fill will be hauled onto the site). The expressed purpose of this Stipulation is to restrict all truck traffic from utilizing the old Virginia railway overpass on military highway west of this application. 5. The applicant shall install and monitor test wells adjacent to the communities of Sunray and West Colony Manor to gauge the effect of dewatering operations on adjacent properties for that time during which excavating operations are on-going. Also, copies of the monitor well test reports shall be forwarded to the Department of Fish and Wildlife. Upon the City's acquisition of the proposed raw water line easement for the Lake Gaston Water Treatment Plan project, the applicant/owner shall relocate any test wells as necessary as deemed necessary by the Director of Public Utilities or designee so that no test wells are located within the raw water easement. 6. a. The applicant agrees that the area contained within the "future conservation easement" as shown on the plan of operation shall be maintained in a natural state and shall not be disturbed during excavation or restoration activities, except for the provision of services to the excavation, or for any construction and maintenance activities conducted by the City. A future conservation easement shall only be required if requested by the City. It is not the intent of this stipulation to require the applicant/owner to record a conservation easement in the event that the City does not accept the dedication of the subject property. b. "The City Council finds that the 250 foot conservation buffer along the western property line was integral to the original approval of UP-95-36 and hereby retains jurisdiction over said buffer area for the purpose of protecting adjacent property owners from adverse impact and ensuring compatibility. To this end, the applicant/owner shall preserve and maintain the 250 foot vegetated conservation buffer along the full length of the westernmost property line of the property abutting, in part, Biernot Avenue. The conservation buffer shall be maintained in its natural state in perpetuity and shall be depicted on the final site plan and end use plan, as well as memorialized with a deed of easement executed by the owner and approved by the City Attorney. The applicant/owner shall deliver the approved deed of easement to the Clerk's Office of the Chesapeake Circuit Court for recordation within thirty (30) days of the approval of UP-95-36 (Rev), as revised in 2004." 7. The developer agrees that all areas actively being excavated, as well as all areas where excavation is complete, shall be surrounded with an 8-foot tall chain link fence with a 3 strand barb wire cap. The fence shall be maintained in good repair until completion of restoration activities. In the event that the City accepts dedication of the subject property, the fence shall remain and be in good repair at the time of dedication, as approved by the Department of Public Utilities. 5
8. There shall be no chemicals stored on site which are not necessary for the maintenance and operation of machinery. 9. The developer agrees that all vehicular access to this site will be secured whenever excavation activities are not in progress. 10. The developer shall construct a three sided cinder block enclosure with a roof to house the pump equipment associated with the dewatering operation. The open side of the enclosure will face south, away from adjacent neighborhoods, as a noise abatement measure. 11. Upon completion of all excavation and restoration activities, the applicant shall offer to dedicate to the City of Chesapeake, Virginia, all right, title and interest in the property covered by this conditional use permit. If the city accepts the offer of dedication, such dedication shall be made by deed as approved by the Department of Public Utilities. Further, the applicant shall redirect all existing onsite ditches within the limits of his property away from the lake and divert stormwater to the ultimate outfall improvements currently located at the southeast corner of his property. Such ditches shall be sized and constructed in accordance with a Public Works approved plan utilizing the "manning equation", to ensure proper slope and width. In addition, should the city accept the offer of dedication, the applicant agrees that future improvement to the remaining "Southern Pines" property (the portion covered by the original conditional use permit UP-95-36 that was approved by the City Council in 1995, excluding the area covered by the subject site) shall establish a "ridge line" at the boundary of the subject site and divert all stormwater runoff away from the subject site. In the event that the City decides to decline said offer of dedication, the end use of the excavated area shall be a private lake or bmp as described in the end use plan and the diversion of stormwater described above shall not be required. To clarify the intent of this stipulation, the term "manning equation" refers to a commonly used formula in the civil engineering profession to determine head loss for an incompressible, steady flow at a constant depth in a prismatic open channel and is described in Fluid Mechanics, sixth edition by Victor L. Streeter, published by McGraw-Hill Book Company, copyright 1975. To further clarify the intent of this stipulation, the term "ridge Line" means an elevational high point to establish a drainage divide to divert stormwater flow into opposite directions. 12. The applicant shall be responsible for the maintenance of the outfall ditch from his southern boundary to the Norfolk & Southern Railroad until final restoration of the borrow pit is complete. 13. The applicant shall be responsible for obtaining all necessary State and Federal permits and approvals, including without limitation, any permits required by the US Army Corps of Engineers with respect to wetlands. 14. The applicant agrees that during the final restoration process that it shall remove onsite entrance improvements at the northeast corner of the property in accordance with the Public Works approved plan. 6
15. All security lighting shall be directed inward and downward. 16. The applicant shall not conduct the burning of debris on the subject property and shall mulch all vegetation with the previously approved hours of operation. Only vegetation that is contained with the boundaries of this conditional use permit shall be mulched. 17. No property lines relating to the future Colony Road alignment shall be vacated unless City Council determines that the future Colony Road is no longer needed and approves the transfer of the ownership of the property to the owner of the subject site. In the event the city determines that the property was dedicated as public rightof-way, the vacation of the future colony road shall be conducted in accordance with the street closure requirements in Chapter 66 of the City Code. Upon vacation of the right-of-way and/or transfer of ownership of the property, the property lines for future Colony Road shall be vacated by recordation of an approved resubdivision plat. 18. The seven year expiration period referenced in section 26-247 of the Chesapeake City Code shall expire on the 7th anniversary date of the City Council's approval of this conditional use permit. 19. The City Council finds that the blockage of the "tulloch ditches" on the property will cause adverse impact to drainage in the area and lead to the endangerment of the public health by creating conditions that will breed mosquitoes. Accordingly, to the extent permitted by the Environmental Protection Agency (EPA) or by any other Federal or State regulatory agency asserting jurisdiction over the "tulloch ditches" excavated on the property, the applicant/owner shall, upon order, decree or direction of such agency to block the ditches, request permission to fill the ditches instead. Such request shall be diligently pursued. If permission is granted, the applicant/owner shall fill such ditches at its sole expense. No preliminary or final site plan approval for development of any portion of the property zoned M-1 shall be given by the City until the EPA, or other authorized Federal or State agency, takes final action on the "tulloch ditches", and the owner/applicant carries out any corrective or remedial order, decree, or directive issued in this matter. Revised Stipulation: 12. The applicant shall be responsible for maintenance of the outfall ditch located at the southern boundary of the subject property to the Norfolk and Southern Railroad until final restoration of the borrow pit is complete. Maintenance shall include clearing and regrading of the ditch and maintenance strip. The Director of Public Works or designee shall determine at the final inspection whether the trade of the ditch is at least equal to the grade depicted on Southern Pines Pit Phase II (AC#984130 00). New Stipulation: 20. The applicant shall cease de-watering the borrow pit before the occurrence of a storm event predicted to produce 2 inches or more of rain within 24 hours, and shall 7
not recommence until the railroad ditch flows have subsided as determined by the Director of Public Works or designee. The applicant shall immediately cease dewatering the borrow pit when the Director of Public Works or designee determines there is the potential to adversely impact the Sunray Outfall operation. D. CP-08-03 RESOLUTION TO AMEND THE CHESAPEAKE COMPREHENSIVE PLAN, APPENDIX A THEREOF, TO MODIFY THE DEFINITION OF AFFORDABLE HOUSING TO MEAN HOUSING FOR OCCUPANCY OR OWNERSHIP BY PERSONS OR HOUSEHOLDS WHOSE ANNUAL GROSS INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE AREA MEDIAN HOUSEHOLD GROSS INCOME IN THE NORFOLK- VIRGINIA BEACH-NEWPORT NEWS METROPOLITAN STATISTICAL AREA. The Planning Commission recommends approval of the version dated January 14, 2009. E. TA-Z-08-13 AN ORDINANCE AMENDING AND REENACTING APPENDIX "A" OF THE CHESAPEAKE CITY CODE, ENTITLED "ZONING", ARTICLE 13, SECTION 13-2201 TO ALLOW CITY COUNCIL OR THE CITY MANAGER TO APPROVE NONGOVERNMENTAL USES OF MUNICIPAL BUILDINGS AND STRUCTURES. The Planning Commission recommends approval of the version dated December 4, 2008. F. TA-Z-08-16 AN ORDINANCE AMENDING AND REENACTING APPENDIX "A" OF THE CHESAPEAKE CITY CODE, ENTITLED "ZONING", SECTION 20-102.A.2.N AND SECTION 20-102.A.2.Q. THEREOF, TO REDUCE FEES FOR TENTS ERECTED AS TEMPORARY STRUCTURES. Planning Commission recommends approval of the version dated December 10, 2008. G. City Manager Updates 6. DOCKET A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY B. CONSENT AGENDA City Manager Item (1) CONSIDERATION OF A RESOLUTION SUPPORTING THE APPLICATION OF THE CHESAPEAKE & ALBEMARLE RAILROAD TO THE VIRGINIA DEPARTMENT OF RAIL AND PUBLIC TRANSPORTATION FOR RAIL PRESERVATION FUNDS, AND REQUESTING PRIORITY CONSIDERATION THEREFOR DEPARTMENT OF ECONOMIC DEVELOPMENT 7. COMMITTEE REPORTS 8. OLD AND NEW BUSINESS 8
9. CLOSED SESSION (If called) 10. ADJOURNMENT 9