C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Marked Agenda September 17, :30 P.M. City Hall Council Chamber 306 Cedar Road

C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Marked Agenda September 17, 2013 6:30 P.M. City Hall Council Chamber 306 Cedar Road ** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK NOTE: PRIOR TO 6:30 P.M. ** 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: 4:00 p.m. Work Session, 4 th floor Human Resources Training Room Topics: 1. Position Management/Budget Transfers 2. TCC Chesapeake Campus Update 4:30 Chesapeake Public School Planetarium Gala 5:45 p.m. - Council Member Reports 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. Council meetings, but not Work Sessions, may be heard on WFOS- 88.7FM. Meetings are retelecast on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable channel 43) as well as CityOfChesapeake.net 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 once 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. 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-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) as well as CityofChesapeake.net, and heard on WFOS-88.7FM. 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 TURN OFF CELL PHONES WHILE IN THE CHAMBER

C I T Y O F C H E S A P E A K E CITY COUNCIL MEETING Marked Agenda September 17, 2013 6:30 P.M. City Hall Council Chamber 306 Cedar Road 1. INVOCATION - Council Member Kelly s 2. PLEDGE OF ALLEGIANCE TO THE FLAG Council Member Matheson 3. ROLL CALL BY CITY CLERK All present 4. APPROVAL OF MINUTES N/A 5. PUBLIC HEARING APPLICANTS, AGENTS, AND CITIZENS COMMENTS ON PUBLIC HEARING ITEMS A. R(C)-13-02 Centerville Commons Expansion APPLICANT: Centerville 40, LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 19.9 acres from A-1, Agricultural District (17.9 acres) and R-15s, Residential District (2 acres), to R-8, Residential District, for the development of single family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1728 Elbow Road TAX MAP SECTION/PARCELS: 0390000000300, 0390000000302 BOROUGH: Washington (Continued from the August 20, 2013 City Council meeting) The Planning Commission recommends approval with the following proffers: 1. The owner/applicant agrees that no more than 51 residential dwelling units shall be constructed on the subject property (no units may be constructed within the reservation for the Southeastern Expressway unless the reservation expires, as provided in proffer #3). The residential units shall be single-family detached residential units only and the average lot size shall be 10,000 square feet for the entire development with no lots smaller than 8,000 square feet per lot. 2. The owner/applicant agrees to create a Property Owner s Association and an Architectural Review Board and record private covenants and deed restrictions that would adopt Architectural Design Standards required for residential construction. The Design Standards at a minimum shall include items a) through g) listed below. The private covenants and restrictions shall include the Design Standards and shall not be recorded until after Final Subdivision Plan approval and shall be subject to the 2

approval of the Zoning Administrator for compliance with this proffer. The enforcement of the architectural requirements shall be the sole responsibility of the Property Owner s Association. a. The owner/applicant agrees that the materials to be 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 substantially similar material, as determined by the Director of Planning, or designee. Vinyl siding shall be a minimum.044 inch thick lapped or beaded siding only. Dutch lap siding shall not be permitted. b. The owner/applicant agrees to offer a minimum of four (4) elevations for sale within the subdivision and furthermore agrees that at least 3 of the offered elevations shall include brick or stone exterior features. c. The owner/applicant agrees that only architectural style shingles shall be permitted; 3-tab shingles shall be prohibited. d. The owner/applicant agrees that all residential dwellings must have a crawl space or raised/elevated slab. Concrete block shall be finished with brick, stone or stucco, and exposed block skirts shall not be permitted. e. The owner/applicant agrees that each residential dwelling shall be provided with a minimum two-car garage and that garage doors may not encompass more than 40% of the total width of the front building elevation facing a public street. The owner/applicant also agrees that the front building elevation shall not include projections of building walls (snouts) forward of the front door of the building by more than eight (8) feet in length. f. The owner/applicant agrees that one-story dwellings shall have a minimum of 1,800 square feet of heated living space, and two-story dwellings shall have a minimum of 2,200 square feet of heated living space. g. The owner/applicant further agrees that all of the dwellings constructed within the subdivision shall have covered front porches. The width of all front porches shall be equal to a minimum of 15% of the overall width of the front elevation of the home and a minimum depth of six (6) feet. 3

3. The owner/applicant agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property that is generally depicted as Future Southeastern Parkway 300 ROW Reservation on the City s current 2050 Master Transportation Plan for the ultimate construction of the Southeastern Parkway. The owner/applicant agrees that the reservation area may be acquired by the City at pre-zoning value. The reservation shall be shown and recorded on the subdivision plat for the development. The owner/applicant further agrees that the final subdivision plat shall contain verbiage stating that the reservation may be acquired by the City at pre-zoning value when the Southeastern Parkway becomes a funded project. In addition, the reservation shall expire without the need for an amendment to this proffer when either one of the two following conditions are met: (1) The Southeastern Parkway is removed from the 2050 Master Transportation Plan or subsequent plan or (2) it is determined by the City that the Southeastern Parkway will not be constructed at the location of the reservation. A deed of release or subdivision plat shall be recorded to memorialize the expiration of the reservation. a. Furthermore, the owner/applicant agrees to own and maintain the reservation area at its own cost and expense and that no dwellings shall be constructed within the reservation area unless reservation expires, as provided in the above paragraph. b. At the time the final subdivision plat is submitted for recordation, the owner/applicant agrees to record a deed of reservation and shall also note the reservation on the subdivision plat. 4. The owner/applicant 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 $2,546 per residential dwelling unit. The owner/applicant 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 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. The cash proffers may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of 4

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 $1591; Transportation $0; Libraries $570; Emergency Services $385. 5. The owner/applicant agrees to install a right turn lane westbound on Elbow Road at its intersection with Centerville Turnpike within the existing public right of way and shall bear all costs of construction. The improvements shall consist of pavement, striping and associated drainage necessary to install the right turn lane within the existing public right of way. These off-site improvements shall be subject to the review and approval by the Director of Development and Permits, or designee, and shall be bonded with the subdivision plat for the subject property that creates 5 or more lots and the improvements shall be completed by the issuance of the 10 th certificate of occupancy on the subject property. 6. In addition to the right of way dedication required by Chapter 70 of the City Code along Elbow Road, the owner/applicant agrees to dedicate 15 of public right of way on the subject property along the frontage of Elbow Road at no cost to the City. This dedication shall be completed with the subdivision plat creating lots with frontage on Elbow Road. APPROVED with proffers (de Triquet/Kelly) (9-0) B. R(C)-12-17 Knell s Ridge Apartments APPLICANT: Poseidon Capital Investors, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional zoning reclassification of 13.1 acres from B-2, General Business District, to R- MF-1, Multifamily Residential District, to construct 192 residential apartment units. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE: Business/Commercial LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: 0370000001490, 0370000001510 BOROUGH: Washington (Continued from the August 13, 2013 Council Meeting) The Planning Commission recommends denial. (The agent has submitted a letter requesting a continuance to the October 15, 2013 City Council meeting.) CONTINUED to October 15, 2013 (de Triquet/Ward) (9-0) 5

C. UP-12-43 Knell s Ridge Apartments Height Exemption APPLICANT: Poseidon Capital Investors, LLC AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to allow a private drive on residentially zoned property to serve commercially zoned property in accordance with section 3-301.B(1) of the zoning ordinance and to allow for a maximum building height of 60 feet in accordance with section 19-205(B) of the Zoning Ordinance. ZONE: B-2, General Business District (Proposed R-MF-1, Multifamily Residential District in R(C)-12-17) LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: 0370000001490, 0370000001510 BOROUGH: Washington (Continued from the August 13, 2013 Council Meeting) The Planning Commission recommends denial. (The agent has submitted a letter requesting a continuance to the October 15, 2013 City Council meeting) CONTINUED to October 15, 2013 (Craig/Ike) (9-0) D. R(C)-13-09 Cedar Road Self Storage APPLICANT: Burnette Capital, Inc. AGENCY: Shepelle Watkins-White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 1.6 acres from R-15s, Residential District, (0.88 acre) and O&I, Office and Institutional District, (0.72 acre) to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1301 Cedar Road TAX MAP SECTION/PARCEL: 0460000000013 BOROUGH: Pleasant Grove (Rescheduled from the August 20, 2013 Council Meeting) The Planning Commission recommends denial. The applicant has revised Proffer #2: 2. The Applicant/Owner agrees to limit the use of the property to a selfstorage facility, SIC 4225. that, in the event the property is ever used for a land use other than SIC 4225, and such use generates greater traffic volume than a Storage Facility and the Director of Development & Permits or designee notifies the Applicant/Owner of the need to close or modify the median break in Cedar Road to prohibit left turns in and/or out of the property, prior to the issuance of a certificate of occupancy for the other use the Applicant/Owner shall close or modify the median break accordingly. The Applicant/Owner agrees that it will, within ninety (90) days after the notice, complete the construction necessary to close or modify the median break in Cedar Road to prohibit left turns in and/or out of the property. WITHDRAWAL REQUEST APPROVED (West/Matheson) (9-0) 6

E. UP-13-11 Cedar Road Self Storage APPLICANT: Burnette Capital, Inc. AGENCY: Shepelle Watkins-White Consulting & Law, PLLC PROPOSAL: A conditional use permit to allow a self-storage facility on a 1.6 acre parcel. ZONE: Proposed B-2, General Business District SIC CODE: 4225 LOCATION: 1301 Cedar Road TAX MAP SECTION/PARCEL: 0460000000013 BOROUGH: Pleasant Grove (Rescheduled from the August 20, 2013 Council Meeting) The Planning Commission recommends denial. WITHDRAWAL REQUEST APPROVED (West/Craig) (9-0) F. R(PUD)-12-01 Dollar Tree PUD APPLICANT: Dollar Tree, Inc. AGENCY: Williams Mullen PROPOSAL: A zoning reclassification of 69.59± acres from M- 2, General Industrial District, to PUD-U, Planned Unit Development-Urban. The proposed mixed-use development would include up to 1,413 residential units (condominiums and apartments); 500,000 square feet of retail space; 1,000,000 square feet of office space; 250,000 square feet of civic and hotel space; and, a minimum of 15% of the development will consist of open space. The development would be supported by 1.9 million square feet of parking decks and three parking lots located throughout the development. PROPOSED and EXISTING COMP LAND USE / DENSITY: Regional Mixed-Use with up to 20± units per acre/regional Mixed-Use with up to 30 units per acre. LOCATION: Bounded by Volvo Parkway on the south, Crossways Boulevard on the west, Eden Way on the north, and Executive Boulevard on the east TAX MAP SECTION/PARCELS: 0280000000001280, 0280000001300, 0280000001290 BOROUGH: Washington (Continued from the August 20, 2013 City Council meeting) The Planning Commission recommends approval of the Development Criteria dated June 28, 2013, and the Master Land Use Plan dated July 2, 2013. (The applicant has submitted a revised Development Criteria dated September 5, 2013.) APPROVED with Development Criteria dated September 13, 2013 and Master Land Use Plan dated July 2, 2013. (West/Matheson) (8-1) (Ritter voted no) G. DC(M)-12-03 Messiah United Methodist Church Land Swap APPLICANT: Messiah United Methodist Church AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A modification to the Master Development Plan for Dominion Commons East, Planned Unit Development, to reclassify 2.2 acre portion of an approximately 5 acre parcel from R-15, Residential District to PUD, Planned Unit Development. PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: portion of an adjacent parcel to the east of 411 Dominion Boulevard, South TAX MAP SECTION/PARCEL: portion of 0460000000261 BOROUGH: Deep Creek 7

The Planning Commission recommends approval of the revised Development Criteria dated July 17, 2013, and the Master Development Plan version dated December 27, 2012. CONTINUED to October 15, 2013 (de Triquet/Ward) (9-0) H. R-12-04 Messiah United Methodist Church Land Swap APPLICANT: Messiah United Methodist Church AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A conventional zoning reclassification of 2.2 acre portion of a 61.123 acre parcel from PUD, Planned Unit Development to R-15, Residential District. PROPOSED COMP LAND USE: Regional Mixed Use/Residential EXISTING COMP LAND USE: Regional Mixed Use/Business Commercial LOCATION: 411 Dominion Boulevard, South TAX MAP SECTION/PARCEL: portion of 0460000001560 BOROUGH: Deep Creek The Planning Commission recommends approval. CONTINUED to October 15, 2013 (Craig/Ike) (9-0) I. R(C)-13-12 1024 Scenic Boulevard APPLICANT: Larry Gifford PROPOSAL: A conditional zoning reclassification of approximately 1.46 acres from R-15s, Residential District and A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low density residential EXISTING COMP LAND USE / DENSITY: Low density residential LOCATION: 1024 Scenic Boulevard TAX MAP SECTION/PARCEL: 0590000000640 BOROUGH: Pleasant Grove The Planning Commission recommends approval with the following proffers: 1. The applicant agrees to dedicate twenty feet of right-of-way, as shown on the site plan dated July 30, 2013, for the widening of Scenic Boulevard. 2. The applicant agrees that this rezoning is conditioned on obtaining approval from the Chesapeake Health Department, Department of Environmental Quality or the City of Chesapeake if a conditional use permit is required for a sewerage disposal system or systems to serve the subject property within three (3) years following the effective date of this rezoning in order to comply with the Level of Service Policy for sewer capacity. In the event that the Zoning Administrator finds the applicant/owner fails to obtain such approval within the said three-year period, the applicant/owner agrees that the rezoning shall be placed on the City Council agenda for reconsideration and possible revocation on grounds of inadequate sewage capacity. The following proffers were revised for clarification purposes: 8

1. The applicant/owner shall dedicate twenty feet of right-of-way, as shown on the site plan dated July 30, 2013, for the widening of Scenic Boulevard at the time of final subdivision plat submittal. 2. The applicant/owner agrees that this rezoning is conditioned on obtaining approval from the Chesapeake Health Department, Department of Environmental Quality or the City of Chesapeake if a conditional use permit is required for a sewerage disposal system or systems to serve the subject property within three (3) years following the effective date of this rezoning in order to comply with the Level of Service Policy for sewer capacity. In the event that the Zoning Administrator finds the applicant/owner fails to obtain such approval within the said three-year period, the applicant/owner agrees that the rezoning shall be placed on the City Council agenda for reconsideration and possible revocation on grounds of inadequate sewage capacity. APPROVED with revised proffers (de Triquet/Matheson) (9-0) J. R(C)-13-14 Bray Property APPLICANT: Seacrest Homes and Development, LLC AGENCY: Hassell and Folkes, PC PROPOSAL: A conditional zoning reclassification of approximately 10 acres from RE-1, Residential Estate District, to R-10, Residential District, to construct single family detached and duplex condominiums. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1408 Butts Station Road TAX MAP SECTION/PARCELS: 0490000001282, 0490000001284 BOROUGH: Washington The Planning Commission recommends approval with the following proffers: 1. The owner/applicant 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 per residential dwelling unit. The owner/applicant 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 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. 9

2. The owner/applicant agrees that the total number of residential dwellings within the subject development shall not exceed forty (40). 3. a. The owner/applicant agrees that it shall dedicate sufficient right-ofway, at the time of initial subdivision plat approval, on Butts Station Road to accommodate one-half of the ultimate 120 foot right-of-way along its property frontage. In addition, the owner/applicant agrees to provide a non-ingress/egress easement along Butts Station Road, with the exception to that portion of Butts Station Road necessary for entrance into the development. b. The owner/applicant agrees to install a right turn lane westbound on Elbow Road at its intersection with Centerville Turnpike within the existing public right of way and shall bear all costs of construction. The improvements shall consist of pavement, striping and associated drainage necessary to install the right turn lane within the existing public right-of-way. These off-site improvements shall be subject to the review and approval by the Director of Development and Permits, or designee, and shall be bonded with the subdivision plat for the subject property that creates 5 or more lots and the improvements shall be completed by the issuance of the 10 th certificate of occupancy on the subject property. 4. The owner/applicant agrees that the requirements contained in proffers (a) through (d) shall be recorded as deed restrictions in the Chesapeake Circuit Court Clerk s Office and shall be subject to approval by the Zoning Administrator prior to filing. The owner/applicant acknowledges that it and its successors and assigns are solely responsible for enforcement through completion of development of the subject property. a. All single family one-story dwellings shall be constructed with a minimum of 2,200 square feet and all single family two-story dwellings shall be constructed with a minimum of 2,400 square feet. b. All dwellings shall be constructed either with crawl spaces or on raised slabs (finished floor at least 16 inches above outside ground grade). c. All dwellings shall be constructed with brick, stone, or matching stucco material on the skirts of at least the fronts and both sides. d. Building materials to be used on the exterior of dwelling shall consist of any combination of the following: 1. Cementitious siding 2. Brick, laid-up masonry, simulated or panelized products 10

3. Stone, laid-up masonry, simulated or panelized 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 ). 5. The owner/applicant agrees to provide a minimum of one canopy or evergreen tree per 300 sq ft. of tree preserve within the proposed 25 foot tree preserve as shown on the rezoning exhibit, planning date stamped July 25, 2013. Trees provided will be located within 25 feet of the common boundary with the adjacent community of Vance Level. Trees, both preserved and provided, shall be credited towards the otherwise required tree canopy coverage. This proffer shall not preclude the provision of services as may be required by the Department of Development and Permits, including improvements that may be warranted, after analyses, that indicate a need to maintain proper drainage between adjacent subdivisions. Final compliance with this proffered condition shall be satisfied upon approval by the Director of Development and Permits or designee at the time of rough lot grading certification and prior to plat recordation. 6. The owner/applicant agrees to record deed restrictions in the Chesapeake Circuit Court Clerk s Office, prior to plat recordation, for the maintenance and/or preservation of the proposed 25 foot tree preserve as shown on the rezoning exhibit, planning date stamped July 25, 2013. The deed restrictions shall be for the benefit of and enforceable by property owners within the Vance Level and Bray property subdivisions who share a common boundary with the 25-foot tree preserve. The owner/applicant further agrees that the deed restrictions shall require that trees located within the 25 foot tree preserve will be maintained by the homeowners within the Bray property subdivision whose property includes the 25 foot tree preserve and that they may not be removed unless it is acknowledged in writing by a certified arborist that any such tree(s) are dead, dying, or otherwise unstable. The deed restrictions shall further require that any such tree that is removed in the future for the previous reasons shall be replaced with a minimum 8 foot evergreen or 12 foot canopy tree of nursery stock within 60 days of the original tree removal. This proffer shall not preclude the allowance of fencing or otherwise permitted accessory structures within the tree preserve area. The deed restrictions shall be subject to approval by the Zoning Administrator prior to filing and recordation. 7. The owner/applicant agrees that it will establish modified street buffers on Elbow Road and Butts Station Road as generally shown and configured on the rezoning exhibit, planning date stamped July 25, 2013. Said buffers shall be improved prior to occupancy of the residential improvements constructed along such frontage. 11

8. The owner/applicant agrees that the residential duplex improvements resulting from this application shall be condominiums for sale and substantially similar in quality to the exhibits dated June 5, 2013 as approved by the Planning Director or designee. 9. The owner/applicant agrees that for each duplex residential dwelling constructed, that a minimum of one unit within such structure shall be provided with a side loading garage as generally shown on the rezoning exhibit, planning date stamped July 25, 2013. 10. The owner/applicant shall ensure that full written disclosure of the proximity of the Elbow Road Farm (Thrasher) Landfill, located north of this subdivision, is included in the i) notes on all recorded subdivision plats, ii) all initial contracts for purchase of lots by first occupants, and iii) all deeds of conveyance and homeowner association documents. The language of the disclosure shall include the length of time the landfill is permitted to operate, any restrictions regarding its operation and the possibility of noise, dust and odors emanating from the landfill operations. The applicant has added Proffer #11: 11. The owner/applicant agrees to provide a private recreational easement within the proposed lake area as generally shown on the rezoning exhibit planning date stamped August 15, 2013. Improvements within this recreational easement shall include screening hedges from adjacent residential dwellings as well as a gazebo, picnic tables and benches, which shall be located outside of the impoundment easement. This proffer is made exclusive of Section 19-700 of the Zoning Ordinance and shall not be deemed open space or compliance under Section 19-700. The recreational easement shall be deeded to the Home Owners Association and recorded in the Chesapeake Circuit Court Clerk s Office concurrent with the recordation of the subdivision plat creating Lots 25 and 26 as shown on the rezoning exhibit. Improvements to the recreational easement shall be completed prior to occupancy of the 30 th dwelling. APPROVED with proffers and additional proffer #11 (Ward/Ike) (5-4) (Kelly, de Triquet, Krasnoff and Ritter voted no) K. R(C)-12-14 Molly Maid Office APPLICANT: Pecan Point, LLC PROPOSAL: A conditional zoning reclassification of an approximately 1.67 acre parcel from R- 8, Single Family Residential District, to B-2, General Business District, for office use. PROPOSED COMP LAND USE / DENSITY: Business/commercial EXISTING COMP LAND USE / DENSITY: Medium density residential LOCATION: 2272 Military Hwy South TAX MAP SECTION/PARCELS: 0270000000060, 0270000000070 BOROUGH: Washington (Rescheduled from the December 18, 2012 Council Meeting) 12

The applicant has requested the application be withdrawn from consideration. The Planning Commission recommends approval with the following proffers: 1. The applicant/owner agrees that the subject parcels shall have only one commercial entrance and shall be set up as a future shared entrance with the adjacent parcel to the west TMN 0270000000050 as approved by the Director of Development and Permits, or designee. 2. The applicant/owner agrees to convey cross reciprocal access easements to the adjacent property referenced in proffer #1 as well as to the east TMP 0270000000104 to accommodate a shared entrance. The limits and dimensions of the easement shall be subject to the approval of the Director of Development and Permits, or designee, and shall be recorded prior to final site construction plan approval. WITHDRAWAL REQUEST APPROVED (de Triquet/Craig) (9-0) L. UP-13-14 Chesapeake Avenue UMC Preschool APPLICANT: Chesapeake Avenue UMC PROPOSAL: A conditional use permit to operate a child care facility in an existing church on a 0.84 acre lot, and approval of a cooperative parking arrangement in accordance with Article 19-405(B) of the Chesapeake Zoning Ordinance. ZONE: R-SFA, Residential Single-family SIC CODE: 835 LOCATION: 1200 Chesapeake Avenue TAX MAP SECTION/PARCELS: 1280000000310, 1280000000130 BOROUGH: South Norfolk The Planning Commission recommends approval with the following stipulations: 1. The applicant/owner agrees to limit the hours of operation of the preschool to times when church services are not being conducted to ensure that sufficient parking is available on-site. 2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and State Law. APPROVED with stipulations and cooperative parking arrangement (Craig/Ike) (9-0) M. ST.C-13-03 Miller Avenue Street Closure APPLICANT: T. Michael Scott, Dorothy D. Scott Irrevocable Trust PROPOSAL: To close a 265 x 50 foot portion of Miller Avenue ZONE: B-3, Highway Business District LOCATION: Miller Avenue between Military Highway, South and John Hudgins Avenue TAX MAP SECTION/PARCEL: 0206001000020 BOROUGH: South Norfolk (Rescheduled from the July 16, 2013 City Council meeting) 13

The Planning Commission recommends approval with the following stipulations: (The applicant has requested a 30-day continuance to the October 15, 2013 City Council meeting.) 1. The applicant agrees to pay the City of Chesapeake through the Planning Department the sum of $79,500.00, as determined by the City, within ten (10) calendar days of the final approval of the closure of the subject alley by the Chesapeake City Council. Failure to remit this fee in a timely manner may render the street closure null and void. 2. The applicant agrees to vacate all interior lot lines on all adjacent parcels. 3. The applicant agrees to abide by any other conditions imposed by City Council in the vacation of the right-of-way. CONTINUED to October 15, 2013 (de Triquet/Craig) (9-0) N. #13-O-105 TA-Z-13-02 An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 6, Section 6-2003, and Article 14, Section 14-705, to remove the square footage limitation on commercial vehicles in residential districts. (Continued from the August 20, 2013 City Council meeting) The Planning Commission recommends denial. APPROVED ALTERNATE VERSION DATED SEPTEMBER 10, 2013 (West/de Triquet) (7-2) (Ike and Matheson voted no) O. #13-O-106 TA-S-13-01 An Ordinance amending Chapter 70 of the City Code, Entitled Subdivisions, Article II, Section 70-22(G) thereof, to add provisions requiring notification to the commander of any military installation that will be affected by potential development and to Section 70-27(C) thereof, to add requirements dictating when a subdivision plan shall be deemed final. Planning Commission recommends approval of the version dated July 25, 2013. APPROVED VERSION DATED JULY 25, 2013 (de Triquet/Craig) (9-0) P. #13-O-107 TA-Z-13-07 An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 6, Sections 6-2101(C)(32) and 6-2102, and Article 14, Section 14-104, of the Chesapeake Zoning Ordinance to add provisions allowing temporary family health care structures if certain requirements are met. The Planning Commission recommends approval of the version dated June 12, 2013. APPROVED VERSION DATED JUNE 12, 2013 (Ward/de Triquet) (9-0) 14

Non-Planning Public Hearing Item Q. #13-R-054 CONSIDERATION OF A RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY IN FEE SIMPLE, LEASEHOLD INTERESTS, AND THE ACQUISITION OF RIGHT-OF-WAY AND TEMPORARY AND PERMANENT EASEMENTS, EITHER BY AGREEMENT OR CONDEMNATION TO BE USED FOR THE SUNRAY DRAINAGE OUTFALL PROJECT IN THE DEEP CREEK BOROUGH OF THE CITY OF CHESAPEAKE, VIRGINIA (Continued from the September 10, 2013 City Council meeting.) APPROVED (de Triquet/Ward) (9-0) 7. UNFINISHED BUSINESS 8. NEW BUSINESS 9. CLOSED SESSION 10. ADJOURNMENT 8:17 p.m. 15