Docket Item "C" R(C)-07-34(Rev 7/15) Eastwyck Crossing Apartments

Docket Item "C" R(C)-07-34(Rev 7/15) Eastwyck Crossing Apartments CITY COUNCIL PACKAGE FOR JANUARY 19, 2016 Page 1 2 Application Summary 3 8 Revised Proffer Statement 9 12 Planning Commission Draft Minutes 13 18 Staff Reports: December 2, 2015 19 24 November 3, 2015 25 52 October 8, 2015 53 54 Fiscal Impact Analysis 55 Architectural Elevations 56 Rezoning Exhibit/Site Plan 57 Aerial 58 GIS Parcel Exhibit

R(C)-07-34(Rev 7/15) APPLICATION SUMMARY Eastwyck Crossing Apartments 1 LOCATION: PROPOSAL: Terminus of Miller Avenue A conditional zoning reclassification of 18.1± acres to reconsider proffers under the existing zoning of R-MF-1, Multifamily Residential District. SUBMITTED: 7-6-15 ACKNOWLEDGED BY COUNCIL: 10-13-15 STAFF RECOMMENDATION Denial HEARING DATE: 12-9-15 PLANNING COMMISSION RECOMMENDATION: VOTE: Approval with Proffers 6-2-1 (Van Laethem/Johnson, Kish and Hutchinson opposed, Morris abstained) SUBMITTED: 12-14-15 REVISED PROFFER STATEMENT SUMMARY: The applicant/owner revised proffer 6. ATTACHMENTS REVISED Proffer Statement, Draft Minutes, Staff Report, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

2 R(C)-07-34(Rev 7/15) APPLICATION SUMMARY Eastwyck Crossing Apartments APPLICANT/OWNER: Coleman Holdings, LLC Attn: I. William Berger 6477 College Park Square, Suite 306 Virginia Beach, VA 23464 222-9410 bberger@larrymore.com Stockholders: Coleman Farms, Inc. Danielle B. Pariser Allison B. Weinger Samantha Goldrich Mikaela Goldrich Luanne Goldrich AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC Attn: Ms. Shepelle Watkins-White 870 Greenbrier Circle, Suite 405 Chesapeake, VA 23320 842-4833 swwhite@swwhitelaw.com

Chesapeake Planning Commission DRAFT December 9, 2015 Public Hearing Minutes 9 R(C)-07-34(Rev 7/15) PROJECT: Eastwyck Crossing Apartments APPLICANT: Coleman Holdings LLC AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC PROPOSAL: A conditional zoning reclassification of 18.1± acres to reconsider proffers under the existing zoning of R-MF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 13.24 dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Medium Density Residential with 16 dwelling units per acre. LOCATION: Terminus of Miller Avenue TAX MAP SECTION/PARCEL: 0200000000060 BOROUGH: Washington (Continued from the November 12, 2015 Planning Commission meeting) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-07-34(Rev 7/15) be APPROVED with the following proffers: (6-2-1, Van Laethem/Johnson, Kish and Hutchinson opposed, Morris abstained) 1. The Applicant/Owner shall restrict development of the subject parcel to two hundred forty (240) multi-family units for lease. 2. 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 $2,000.00 per residential dwelling unit. The applicant/owner 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 applicant/owner 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 $685.00; Libraries $351.00; Emergency Services $237.00 and Transportation $727.00. 3. a. The Applicant/Owner shall record a one (1) foot vehicular noningress/egress easement along its northern, southern and western boundaries, except at accepted entrances as described below, as generally shown on the rezoning exhibit date stamped November 17, 2015 on file with the Planning Department. Said easement shall be recorded in the Clerk s office of the Circuit Court prior to final site plan approval. b. The Applicant/Owner agrees that it shall provide two points of unrestricted access (accepted entrances) and one point of restricted

10 Chesapeake Planning Commission DRAFT December 9, 2015 Public Hearing Minutes emergency access to the subject property in accordance with Department of Development & Permits approved access management plan prior to issuance of the first Certificate of Occupancy for a residential unit. c. The Applicant/Owner further agrees that ingress and egress shall be through the adjacent Eastwyck Village apartment complex via an easement agreement recorded in the Clerk s Office of the City of Virginia Beach as Instrument No. 2008121100140540 on December 11, 2008. This access shall be to College Park Boulevard and evidence of recording of the easement shall be provided to the Director of Development and Permits prior to final site plan approval. 4. a. The Applicant/Owner agrees that the residential improvements resulting from this application shall be substantially similar in appearance to the exhibits date stamped September 23, 2015, on file with the Planning Department, as approved by the Director of Planning or designee. b. The Applicant/Owner further agrees that the primary materials to be used on the front, sides and rear of all residential structures shall consist of brick, masonry (stone), beaded lap, or substantially similar material, with the exception that accents, gables, bay windows, and other design or ornamental features may consist of EIFS, wood materials or cement based materials. Such material shall be presented to and accepted by the Planning Director or Designee prior to final construction plan approval. 5. The Applicant/Owner shall install and maintain a 15 ft. modified buffer type C adjacent to the Virginia Power easement as generally shown on the rezoning exhibit date stamped November 17, 2015 on file with the Planning Department. Said buffer shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the issuance of the first certificate of occupancy of a residential unit. Subject to the review and written approval of the Director of Development and Permits or designee, recreational pathways shall be permitted within said buffer and berming/fencing shall not be required. 6. The Applicant/Owner shall install and maintain a 90 ft. building setback and modified buffer type C where it shares a common boundary with those residential properties which front on Miller Avenue. Existing vegetation within said buffer shall be preserved where practical and improved with a privacy fence with an overall height of 6 ft. at the property line as generally shown on the rezoning exhibit date stamped November 17, 2015 on file with the Planning Department. The location of the privacy fence may be amended to encroach into the buffer area, subject to the city s acceptance of the applicant s dedication of no less than 8 ft. or greater than 10 ft. wide area, of the buffer immediately adjacent to the Miller Avenue residential properties for a public trail for non motorized bikes and vehicles. Said buffer shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the issuance of the first certificate of occupancy for a residential unit. 7. The conceptual site plan prepared by Cox, Kliewer & Company, P.C. and entitled, Eastwyck Crossing Apartments Larrymore Organization date stamped November 17, 2015 a copy of which is on file with the Chesapeake

Chesapeake Planning Commission DRAFT December 9, 2015 Public Hearing Minutes 11 Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously filed conceptual site plan. Ms. Shea read R(C)-07-34(Rev 7/15) into the record for Commission review and action. Staff Presentation: Ms. Shea stated that based on the findings listed in the staff report, Planning staff recommended that R(C)-07-34(Rev 7/15) be DENIED. Proponent: Shepelle Watkins-White, Agent, ShepelleWatkinsWhite Consulting & Law PLLC, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-07-34(Rev 7/15) representing the applicant. Jim Bradford, 3452 Cricket Hollow Lane, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-07-34(Rev 7/15). Opponent: Seth Schipinski, 2304 Miller Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-07-34(Rev 7/15) representing himself. Jim Spiegeler, 10 Jersey Circle, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-07-34(Rev 7/15) representing himself. Kristen Billingsley, 2312 Miller Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-07-34(Rev 7/15) representing herself. Rogard Ross, 3800 Rivercrest Place, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-07-34(Rev 7/15) representing himself. Those who spoke in opposition were concerned about the development impacts to adjacent properties, school impacts, the impact of the proposed proffer reductions, the fiscal impact analysis, and the reduction of green space.

12 Chesapeake Planning Commission DRAFT December 9, 2015 Public Hearing Minutes COMMISSION DISCUSSION: Commissioner Johnson asked about the proposed building height. Andrew Goldrich, 2325 Evangelines Way, Virginia Beach, a representative for the applicant, stated that it s a 6/12 pitch because it is more aesthetically pleasing than a 4/12 pitch and will uphold better over time. Commissioner Johnson asked Ms. Watkins- White to address the proposed proffer modification. Ms. Watkins-White explained that the market triggered the proffer reduction request. COMMISSION VOTE: Commissioner Van Laethem moved that R(C)-07-34(Rev 7/15) be APPROVED with the proffers as listed in the official agenda, finding the development compatible with surrounding land use and the Comprehensive Plan. Commissioner Johnson seconded the motion. The motion was carried by a vote of 6-2-1. Commissioners Hutchinson and Kish voted against the motion. Commissioner Morris abstained.

58 Eastwyck Crossing Apts R(C)-07-34(Rev 7/15) APPLICANT: Coleman Holdings LLC AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC PROPOSAL: A conditional zoning reclassification of 18.1± acres to reconsider proffers under the existing zoning of R-MF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 13.24 dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Medium Density Residential with 16 dwelling units per acre. LOCATION: Terminus of Miller Ave TAX MAP SECTION/PARCEL: 0200000000060 BOROUGH: Washington