City of Chesapeake PUBLIC HEARING MINUTES September 14, 2011 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX (757) 382-6406 Call to Order: Chairman Whitted called the Public Hearing of September 14, 2011, to order at 7:00 p.m. in the City Council Chambers. Invocation: Commissioner Hutchinson offered the Invocation for the evening. Pledge of Allegiance: Commissioner Johnson led in the Pledge of Allegiance to the United States Flag. Roll Call: Present David J. Whitted, Chairman Dr. Sandi B. Hutchinson, Vice-Chairman Stephens L. Johnson, Secretary Gregory Bell, Commissioner Joshua C. Gerloff, Commissioner John A. Kish, Commissioner Karen Papasodora-Cochrane, Commissioner William C. Small, Commissioner George Van Laethem, Commissioner Department of Planning Staff Present Brent R. Nielson, Planning Director Beverly R. Hanson, Recording Secretary and Office Coordinator Timothy M. Howlett, Planning Administrator Bill L. McKay, Planner Jennifer S. White, Planner Mark A. Hobbs, Planner City Attorney Staff Present Grady Palmer, Assistant City Attorney Department of Public Utilities Staff Present Arnie Cuevas, Engineer Department of Development and Permits Present Mark Curry, Development Review
Page 2 APPROVAL OF MINUTES: Mrs. Hanson presented the August 10, 2011 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the August 10, 2011 Public Hearing were APPROVED. (8-0-1; Van Laethem/Bell; Papasodora-Cochrane abstained) Commissioner Van Laethem moved that the MINUTES for the August 10, 2011 Public Hearing be APPROVED. Commissioner Bell seconded the motion. The motion was carried by a vote of 8-0-1. Commissioner Papasodora-Cochrane abstained. ITEMS FOR CONTINUANCE OR WITHDRAWAL: R(C)-10-08 PROJECT: Hanbury Manor APPLICANTS: Abbey Lane Group, LLC and Mr. & Mrs. Porter Lynn Young AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of 27.340 acres from R-12(s), Residential District to multiple zoning districts consisting of 21.52 acres of R-10 (s), Residential District and 5.77 acres of R- TH-1, Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: South side of West Hanbury Road, approximately 750 feet west of Battlefield Blvd South TAX MAP SECTION/PARCELS: 0600000001091, 0600000001100, 0600000001110, 0600000001120, 0600000001121, 0600000001122 BOROUGH: Pleasant Grove (Continued from the August 10, 2011 Public Hearing)
Page 3 PLANNING COMMISSION ACTION: CONTINUED to the October 12, 2011 Public Hearing. (9-0; Kish/Gerloff) Mr. Nielson stated that the staff had requested a continuation to the October 12, 2011 Public Hearing, to allow additional time to review the revised application and exhibit. Commissioner Kish moved that R(C)-10-08 be CONTINUED to the October 12, 2011 Public Hearing as recommended by staff. Commissioner Gerloff seconded the motion. The motion was carried by a vote of 9-0. UP-11-11 PROJECT: Cyber Time APPLICANT: Cyber Time AGENCY: Thalhimer PROPOSAL: A conditional use permit to allow a computer-based gaming establishment in an existing building. ZONE: B-2, General Business District LOCATION: 1580 Crossways Boulevard, Suite 101 SIC CODE: 7999 TAX MAP SECTION/PARCEL: 0280000001040 BOROUGH: Washington (Continued from the July 13, 2011 Public Hearing) PLANNING COMMISSION ACTION: WITHDRAWN. (9-0; Kish/Gerloff) Commissioner Kish moved that UP-11-11 be WITHDRAWN as recommended by staff. Commissioner Gerloff seconded the motion. The motion was carried by a vote of 9-0.
Page 4 UP-11-13 PROJECT: Sutton Amusements APPLICANT: Sutton Amusements GMD LLC AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional use permit for a computer based gaming establishment in an existing building. ZONE: B-2, General Business District SIC CODE: 7999 LOCATION: 1253-C Cedar Road TAX MAP SECTION/PARCEL: 0460000001490 BOROUGH: Pleasant Grove (Continued from the August 10, 2011 Public Hearing) PLANNING COMMISSION ACTION: WITHDRAWN. No action necessary. Mr. Nielson stated that no action was necessary. CONSENT AGENDA: TA-Z-10-10 An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 12, Adding 12-723, to permit certain professional offices in residential dwellings in the South Norfolk Historic and Cultural Preservation Overlay. (Continued from the June 8, 2011 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that TA-Z-10-10, version dated August 25, 2011, be APPROVED. (9-0; Small/Van Laethem) Planning Commission also recommends that the Chesapeake Historic and Architectural Review Board be directed to develop guidelines for non-residential uses for inclusion in the South Norfolk Historic and Cultural Preservation Overlay District Design Guidelines for Planning Commission and City Council consideration.
Page 5 Mrs. Hanson read TA-Z-10-10 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended TA-Z-10-10 version dated August 25, 2011 be APPROVED as listed in the official agenda. Commissioner Small moved that TA-Z-10-10 version dated August 25, 2011 be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9-0. ST.C-11-03 PROJECT: Preble Street Closure APPLICANT: Norfolk & Portsmouth Belt Line Railroad Company AGENCY: Crenshaw, Ware & Martin, PLC PROPOSAL: A street closure request for approximately 408.11 feet of Preble Street (unimproved) running south from Jefferson Street toward Poindexter Street (24,487 SF). ZONE: M-2, General Industrial District LOCATION: Preble Street, west of Truxton Street and north of Poindexter Street. TAX MAP SECTION/PARCEL: adjacent parcel 1320000000820 BOROUGH: South Norfolk (This item was approved for concurrent advertising and will be heard by City Council on September 20, 2011) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that ST.C-11-03 be APPROVED with the following stipulations: (9-0; Small/Van Laethem) 1. The petitioner agrees to pay the City of Chesapeake through the Planning Department the sum of $50,000.00 within ten (10) calendar days of the final approval of the closure of the subject alley by City Council, unless City Council waives the street closure purchase price. Failure to remit this fee in a timely manner renders the street
Page 6 closure null and void, except as provided for in stipulation # 3. 2. The petitioner shall vacate all interior property lines of Tax Parcel 1320000000820, including the former right of way line, by an approved plat of resubdivision or deed. The plat or deed shall be filed for recording within 10 days of the date that City Council approves ST.C-11-03. 3. In the event that City Council decides to waive the purchase price for the street closure area, the petitioner agrees to dedicate, at no cost to the City, public drainage easements (including permanent improvements, temporary construction, temporary ingress and egress and permanent access for maintenance and repair) to facilitate the City s Halifax Lane outfall project. The exact dimensions and specifications for the easements, and the language of the deeds, shall be subject to agreement between the petitioner and the City. The deeds of easements shall be fully executed within 10 days of the date that City Council approves ST.C-11-03, unless a longer period of time is agreed to by the Director of Public Works. In no event shall title in the street closure area pass to the petitioner until the deeds have been fully executed by the petitioner. If the petitioner and the City are unable to complete this transaction within the time period set by this stipulation or by the Director of Public Works, the petitioner may purchase the street closure area for the amount specified in stipulation #1 within 10 days of the expiration of (i) the time period set by this stipulation or (ii) the time period set by the Director of Public Works. 4. The City hereby reserves a public utility easement 30 feet in width as measured from the western edge of the street closure area and running the entire length of that area from north to south. The petitioner shall install a 15 foot wide all-weather surface for ingress/egress within the easement area acceptable to the Director of Public Utilities and within the time period established by the Director. The petitioner shall execute a deed of easement and exhibit reflecting this reservation acceptable to the Director within 10 days of the date that City Council approves ST.C-11-03. 5. The City hereby reserves a public drainage easement 30 feet in width as measured from the western edge of the street closure area and running the entire length of that
Page 7 area from north to south. The petitioner shall execute a deed of easement and exhibit reflecting this reservation acceptable to the Director of Public Works within 10 days of the date that City Council approves ST.C-11-03. 6. The applicant agrees to abide by any other conditions imposed by City Council in the vacation of the right-ofway. Mrs. Hanson read ST.C-11-03 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended ST.C-11-03 be APPROVED with the stipulations as listed in the official agenda. Proponent: James Chapman, Agent, Crenshaw, Ware & Martin, PLC, 150 West Main Street, Norfolk, Virginia, appeared before the Commission on behalf of ST.C-11-03 representing the applicant. Commissioner Small moved that ST.C-11-03 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9-0. UP-11-15 PROJECT: Grace Harbor Church APPLICANT: Grace Harbor Church PROPOSAL: A conditional use permit for the operation of a church within an existing office building. ZONE: B-1, Neighborhood Business District SIC CODE: 661 LOCATION: 3328-A Western Branch Boulevard TAX MAP SECTION/PARCEL: A portion of 0055007000002 BOROUGH: Western Branch
Page 8 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-11-15 be APPROVED with the following stipulation: (9-0; Small/Van Laethem) The applicant/owner agrees that noise generated by the church will comply with the guidelines established by the Chesapeake noise ordinance for the commercial zoning districts (60dBA). Mrs. Hanson read UP-11-15 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-11-15 be APPROVED with the stipulation as listed in the official agenda. Commissioner Small moved that UP-11-15 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9-0. REGULAR AGENDA: R(C)-11-06 PROJECT: Arcet Equipment Company APPLICANT: Park-Ellen Company, LC AGENCY: Harvey Lindsey Commercial Real Estate PROPOSAL: A conditional zoning reclassification of 1.229 acres from B-2, General Business District to M-1, Light Industrial District to allow a welding supply distributorship in an existing building. PROPOSED COMP LAND USE / DENSITY: Warehousing EXISTING COMP LAND USE / DENSITY: Business and Commercial LOCATION: 3109 South Military Highway TAX MAP SECTION/PARCEL: 0254014000010 BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-11-06 be
Page 9 APPROVED with the following proffers: (9-0; Kish/Papasodora- Cochrane) 1. The applicant/owner agrees to limit the M-1, Light Industrial District zoning to wholesale trade of gases or liquefied gases in portable cylinders for storage and the wholesale trade of non-hazardous chemicals and allied products not elsewhere classified (SIC code 5169). In addition, M-1, Light Industrial District zoning will include wholesale trade for the following allowed activities according to these SIC codes 5013, 5014, 502, 503, 504, 5051, 506, 507, 508, 5091, 5092, 5094, 5099, 511, 512, 513, 514, 5153, 5162, 5172, 518 and 519. 2. The applicant/owner agrees to paint the building a neutral color prior to issuance of a Certificate of Occupancy. The extent of the painting and the color are to be approved by the Planning Director or designee. 3. The applicant/owner agrees to stabilize and repair the existing fencing where necessary as determined by the Planning Director or designee prior to issuance of a Certificate of Occupancy. 4. The applicant/owner agrees to plant three small canopy trees (6-8 in height), and 25 evergreen shrubs (3 gallon container) per 100 linear feet, to meet the minimum landscape frontage requirements. Plant materials to be approved by the City Environmental Coordinator during site plan review. They will be installed prior to the issuance of a Certificate of Occupancy and maintained as required by the landscape ordinance. Mr. McKay read R(C)-11-06 into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on sound planning practices, Planning staff recommended R(C)-11-06 be APPROVED with the proffers as listed in the official agenda. Proponent: Billy King, Harvey Lindsay Commercial Real Estate, 1400 Dominion Tower, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-11-06 representing the applicant.
Page 10 Parker Dillard, Park-Ellen Company, LC, 1700 Chamberlayne Avenue, Richmond, Virginia, appeared before the Commission on behalf of R(C)-11-06 representing the applicant. Commissioner Kish moved that R(C)-11-06 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Papsodora-Cochrane seconded the motion. The motion was carried by a vote of 9-0. DIRECTOR'S ITEMS: None. UNFINISHED AND NEW BUSINESS: Motion to cancel the September 28, 2011 Public Hearing. APPROVED. (9-0; Van Laethem/Small) Motion to initiate an amendment to Articles 3 and 6 of the Chesapeake Zoning Ordinance to permit in the single-family residential zoning districts certain assisted living facilities and residential care facilities licensed by the Department of Social Services with between 4 and 8 aged, infirm or disabled residents as required by Virginia Code Section 15.2-2291. APPROVED. (9-0; Van Laethem/Johnson) ADJOURNMENT: There being no further business to bring before the Commission, Chairman Whitted declared the meeting adjourned at 7:28 p.m. Respectfully submitted, Beverly R. Hanson Recording Secretary BRH APPROVED October 12, 2011. (8-0; Hutchinson/Small, Van Laethem was absent)