Autumn Woods Condominiums CITY COUNCIL PACKAGE FOR APRIL 15, 2014

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Docket Item "A" R(C)-13-16 Autumn Woods Condominiums CITY COUNCIL PACKAGE FOR APRIL 15, 2014 Page 1 2 Application Summary 3 6 Planning Commission Draft Minutes 7 12 Proffer Statement 13 29 Staff Report: February 27, 2014 30 Fiscal Impact Analysis 31 Architectural Elevation 32 Environmental Site Assessment - Phase II, Conclusions/Recommendations 33 Rezoning Exhibit 34 Aerial 35 GIS Parcel Exhibit

APPLICATION SUMMARY 1 R(C)-13-16 Autumn Woods Condominiums LOCATION: PROPOSAL: 821 Cedar Road A conditional zoning reclassification of 3.4± acres from O&I, Office and Institutional District and R-15(s), Residential District, to R-MF-1, Multi-Family District. SUBMITTED: 7-8-13 ACKNOWLEDGED BY COUNCIL: 9-10-13 STAFF RECOMMENDATION Approval with proffers PLANNING COMMISSION HEARING DATES: 9-11-13, 10-9-13, 11-13-13, 12-11-13, 3-12-14 RECOMMENDATION: APPROVAL with proffers VOTE: 6-0 ATTACHMENTS Draft Minutes, Proffer Statement, Staff Report, Fiscal Impact Analysis, Architectural Elevation, Environmental Site Assessment Phase II Conclusions/Recommendations, Rezoning Exhibit, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY R(C)-13-16 Autumn Woods Condominiums APPLICANT: Seacrest Homes & Development, LLC Attn: William H. Blankenship, Jr. 501 Baylor Court, Suite 100 Chesapeake, VA 23321 962-9844 bill@seacresthomes.com Members: William H. Blankenship, Jr. Brian Clements OWNER: Autumn Corporation Attn: Gerald P. Cox, President. PO Box 7728 Rocky Mount, NC 27804 252-443-6265 No email address provided Members: Gerald P. Cox, President Samuel M. Marsh, Vice-President, Asst. Secretary, Asst, Treasurer Meilia S. Cox, Secretary, Treasurer AGENCY: Parrish-Layne Design Group Attn: Brian Layne PO Box 9164 Chesapeake, VA 23321 686-3345 brian.j.layne@gmail.com

Chesapeake Planning Commission DRAFT March 12, 2014 Public Hearing Minutes 3 R(C)-13-16 PROJECT: Autumn Woods Condominiums APPLICANT: Seacrest Homes and Development AGENCY: Parrish-Layne Design Group PROPOSAL: A conditional zoning reclassification of 3.4± acres from O&I, Office and Institutional District and R-15(s), Residential District, to R-MF-1, Multi-Family District. PROPOSED COMP LAND USE / DENSITY: Medium-density residential EXISTING COMP LAND USE / DENSITY: Low-density residential and highdensity residential LOCATION: 821 Cedar Road TAX MAP SECTION/PARCELS: 0590000001620, 0590000001630 BOROUGH: Pleasant Grove (Continued from the December 11, 2013 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-13-16 be APPROVED with the following proffers: (6-0; Perry/Williams, Bell, Morris, and Small excused) 1. The applicant/owner agrees the total residential unit count shall not exceed 33 residential units. 2. The applicant/owner agrees to design off-site road improvements to raise the portion of Cedar Road adjacent to the subject development property to a level to meet the minimum flood plain development levels as directed by the Public Facilities Manual and such design and the reasonable cost thereof shall be subject to the review and approval by the Director of Development and Permits, or designee. These plans will be provided to the City for their use in having the improvements constructed and the design plans shall be completed before the issuance of any certificate of occupancy on the property subject to this rezoning. 3. The applicant/owner agrees that the on-site improvements shall be constructed in a manner compatible with the City s future Cedar Road improvements as directed by the Public Facilities Manual and such improvements shall be subject to the review and approval by the Director of Development and Permits, or designee, and the improvements shall be completed before the issuance of any certificate of occupancy on the property subject to this rezoning. 4. The applicant/owner agrees to make a voluntary cash contribution to the City of Chesapeake for road improvements in the amount of $4,000.00 per dwelling unit. The applicant/owner agrees to make each proffered cash contribution prior to the issuance of a certificate of occupancy for each dwelling unit. The per unit cash contribution

4 Chesapeake Planning Commission DRAFT March 12, 2014 Public Hearing Minutes amount will be reduced to reflect the applicant/owners cost of design for Cedar Road off-site improvements as referred in item #2 above. The adjusted per unit contribution will be adjusted as follows: The difference between the cash contributed by applicant/owner and the road improvement design cost, divided by the number of dwelling units. As an example and for illustrative purposes only, assuming the actual cost of design for road improvements is $24,000.00 and the applicant is responsible for contributing $132,000.00 in cash contributions towards the road improvements then the adjusted cash contribution for road improvements would be $108,000 ($4,000.00 x 33 units)-$24,000.00) 33 units = $3,272.72) 5. 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, 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 proffer shall be allocated as follows: Schools $0; Transportation $132,000.00*; Libraries $0; Emergency Services $0. (*Amount subject to adjustment as further set out in proffer number 3 above.) 6. The applicant/owner agrees the following architectural proffers which shall govern all new construction of single family (attached) homes on the subject rezoning shall be required on each residential unit. These provisions (a-f) shall be recorded in the Office of the Circuit Court as Deed Restrictions for all units resulting from this rezoning application. Such Deed Restrictions shall be reviewed and approved by the Chesapeake Zoning Administrator for compliance with this Proffer Statement. These deed restrictions shall be recorded prior to issuance of the first residential building permit. The owner/applicant shall be solely responsible for ensuring compliance enforcement with this proffer through the completion of development: a. Homes shall have a minimum square footage of heated living space of 1,600 square feet. b. Foundations shall be raised slab construction elevated at least 1 foot above final grade and shall be finished with either brick or parged concrete finishes. c. No more than three exterior materials shall be allowed on each structure, not including doors, windows, shutters, railings, columns and roof materials.

Chesapeake Planning Commission DRAFT March 12, 2014 Public Hearing Minutes 5 d. Roofing materials shall be, at a minimum, dimensional, or architectural asphalt shingles with a weight of 250 pounds per square (100 square feet) or greater will be acceptable, with a minimum 25 year warranty. Standing seam, pre-finished metal roofs, painted galvanized metal roofs, composite slate and composite cedar roofs are allowed. e. Exposed roof vent stacks shall be located on the rear of the house for minimum visibility and shall be either painted black or another color matching the roof. Vented fireplace boxes are permitted provided, that they are constructed out of the same primary material as the house and the roof lines are consistent with the main house. f. Owner/applicant agrees the proposed project shall be developed substantially conforming to building elevations stamped dated November 13, 2013. Architectural Plans shall be approved by the Planning Director or his designee prior to final construction plan approvals. 7. The applicant/owner agrees to dedicate to the City of Chesapeake a 50 Conservation Easement adjacent and parallel to the east property line of T.P. 0590000001620. Said Easement shall extend from Cedar Road to the south terminus of the subject property. The conservation easement shall be dedicated to the City prior to the issuance of any certificate of occupancy on the property subject to this rezoning. 8. The applicant/owner agrees to dedicate sufficient width of right-ofway for one traffic lane along the parcel frontage necessary for the construction of the future six-lane roadway for Cedar Road as provided for in the Master Transportation Plan, approximate width is 15. The dedication shall be made prior to final site plan approval. Mrs. Hanson read R(C)-13-16 into the record for Commission review and action. Staff Presentation: Mr. Swets stated that based on sound planning practices, Planning staff recommended that R(C)-13-16 be APPROVED with the proffers as listed in the official agenda. Proponent: Brian Layne, Parrish-Layne Design Group, 1500 Rick Fletcher Court, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-16 representing Seacrest Homes and Development. Bill Blankenship, 501 Baylor Court, Suite 101, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-16 representing Seacrest Homes and Development.

6 Chesapeake Planning Commission DRAFT March 12, 2014 Public Hearing Minutes COMMISSION VOTE: Commissioner Perry moved that R(C)-13-16 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Williams seconded the motion. The motion was carried by a vote of 6-0. Commissioners Small, Morris, and Bell were excused.

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32 ENVIRONMENTAL SITE ASSESSMENT, LIMITED PHASE II McCallum Testing Laboratories, Inc. 1808 Hayward Avenue Chesapeake, Virginia 23320 3.0 Conclusions / Recommendations Laboratory analysis detected TPH-DRO concentrations in both the soil samples obtained at 160mg/kg (equivalent to parts per million) and 310 mg/kg in samples B-1 and B-2, respectively. Due to the detection of TPH-DRO on-site, McCallum recommends the DEQ be notified of the laboratory results and site conditions in accordance with DEQ regulations.

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35 Autumn Woods Condominiums R(C)-13-16 APPLICANT: Seacrest Homes and Development AGENCY: Parrish-Layne Design Group PROPOSAL: A conditional zoning reclassification of 3.4± acres from O&I, Office and Institutional District and R-15(s), Residential District, to R-MF-1, Multi-Family District. PROPOSED COMP LAND USE / DENSITY: Medium-density residential EXISTING COMP LAND USE / DENSITY: Low-density residential and high-density residential LOCATION: 821 Cedar Road TAX MAP SECTION/PARCELS: 0590000001620, 0590000001630 BOROUGH: Pleasant Grove