Fieldstone CITY COUNCIL PACKAGE FOR OCTOBER 21, PDF Free Download

Docket Item "B" CITY COUNCIL PACKAGE FOR OCTOBER 21, 2014 R(C)-14-05 Fieldstone Page 1 2 Application Summary 3 10 Planning Commission Draft Minutes 11 19 Proffer Statement 20 42 Staff Reports: September 3, 2014 43 Fiscal Impact Analysis 44 45 Environmental Site Assessment - Phase I & II, Conclusions 46 Rezoning Exhibit/Site Plan 47 Aerial 48 GIS Parcel Exhibit

APPLICATION SUMMARY 1 R(C)-14-05 Fieldstone LOCATION: PROPOSAL: 1801 Elbow Road A conditional zoning reclassification of 73.8± acres from R-15s, Residential District (13.5± acres) and A-1, Agricultural District (60.3± acres) to R-10s, Residential District. SUBMITTED: 4-7-14 ACKNOWLEDGED BY COUNCIL: 8-12-14 STAFF RECOMMENDATION Approval with proffers PLANNING COMMISSION HEARING DATES: 8-13-14, 9-10-14 RECOMMENDATION: APPROVAL with proffers VOTE: 7-1 ATTACHMENTS Draft Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Environmental Site Assessment Phase I & II - Conclusions, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY R(C)-14-05 Fieldstone APPLICANT: RAW Interprises, LLC Attn: Robert A. Wadsworth, II 1771 Princess Anne Rd Virginia Beach, VA 23456 426-6199 rob@robwadsworth.com Members: Robert A. Wadsworth, II OWNER: Butt Farm, LLC Attn: Margaret B. Richard 1224 Fairway Drive Chesapeake, VA 23320-9400 549-1787 No email address Members: Margaret B. Richard, Managing Member Kenneth P. Butt, III Mr. and Mrs. James Sawyer Ellen Butt Marlene Cooke AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC Attn: Shepelle Watkins-White 870 Greenbrier Circle, Suite 405 Chesapeake, VA 233230 842-4833 swwhite@swwhitelaw.com

Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes 3 R(C)-14-05 PROJECT: Fieldstone APPLICANT: RAW Enterprises, LLC AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A conditional zoning reclassification of 73.8± acres from R-15s, Residential District (13.5± acres) and A-1, Agricultural District (60.3± acres) to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1801 Elbow Road TAX MAP SECTION/PARCEL: 0390000000010 BOROUGH: Washington (Continued from the August 13, 2014 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-14-05 be APPROVED with the following proffers: (7-1; Johnson/Perry, Van Laethem opposed, Bell excused) 1. The applicant/owner agrees that the development will consist of no more than one hundred sixty-two (162) single-family dwelling units. 2. The applicant/owner agrees to record private covenants and restrictions that would create a Property Owner s Association, which shall maintain all common areas, and an Architectural Review Board which would adopt Architectural Design Standards required for residential construction within the development. The Design Standards at a minimum shall include items (a) through (g) listed below and shall be reviewed and approved by the Planning Director or her designee prior to approval of the first subdivision plat. The private covenants and restrictions shall include the Design Standards and shall be recorded prior to or concurrently with the first subdivision plat. The applicant/owner further agrees that at the time of application for a Building Permit, the applicant for the building permit shall provide evidence of Architectural Review Board approval to the Department of Development and Permits. The enforcement of said Architectural requirements shall be the sole responsibility of the Property Owner s Association. a. The applicant/owner 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 lapped or beaded siding only, with a minimum thickness of 0.044 inches. Dutch lap siding shall not be permitted.

4 Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes b. The applicant/owner agrees to offer a minimum of four (4) elevations for sale within the subdivision and furthermore agrees that at least three (3) of the offered elevations shall include brick or stone exterior features. c. The applicant/owner agrees that only architectural style shingles shall be permitted and 3-tab shingles shall be prohibited. d. The applicant/owner agrees that all residential dwellings must have a crawl space or raised/elevated slab (at least 16 above adjacent outside ground grade). Concrete block shall be finished with brick, stone or stucco, and exposed block skirts shall not be permitted. e. The applicant/owner agrees that each residential dwelling shall be provided with a minimum two-car garage and that garage doors may not encompass more than forty percent (40%) of the total width of the front building elevation facing a public street. The applicant/owner also agrees that the front building elevation shall not include projections of building walls forward of the front of the front porch by more than three (3) feet in length. f. The applicant/owner agrees that one-story dwellings shall have a minimum of eighteen hundred (1,800) square feet of heated living space, and two-story dwellings shall have a minimum of twenty-two hundred (2,200) square feet of heated living space. g. The applicant/owner further agrees that all of the homes constructed within the subdivision shall have covered front porches. The width of all front porches shall be equal to a minimum of fifteen percent (15%) of the overall width of the front elevation of the home. 3. The applicant/owner agrees that the conceptual plan prepared by Engineering Services, Inc. and entitled, Conceptual Plan of Fieldstone, Version 9; R-10s, dated August 21, 2014, (the Plan ) a copy of which is on file with the Chesapeake 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 shall any cause of action arise from the submission, review or acceptance of this conceptual plan. In order to obtain preliminary or final subdivision approval, changes in the conceptual 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

Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes 5 preliminary and final 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 subdivision plat shall be placed in the file with the Planning Department and Department of Development and Permits and shall supersede any previously filed conceptual plan. The applicant/owner further agrees that the development shall include the following elements as generally shown on the Conceptual Subdivision Plan of Fieldstone: a. Small common area open space, or pocket parks, designed to break up long blocks of lots; the aggregate area of said pocket parks shall not be less than eight (8) acres excluding wetland areas and the area contained within the 100 Reservation for Elbow Road Relocated as shown on the Plan. b. The first subdivision plat for the development shall reflect that the Main (more westerly) Entry Road into the subdivision shall have special street frontage buffer yards at least twenty feet (20 ) wide, as identified on the Plan, on both sides for its entire length (750 ±), from Elbow Road to where it terminates in a tee intersection. Said special buffer yards shall include all the elements of a City standard Buffer Yard F plus an ornamental fence and/or berm. c. From the end of the Main Entry Road, as identified on the Plan, generally southward, the applicant/owner shall install a Pedestrian Way extending approximately nine-hundred feet (900 ) across the next three (3) blocks to the large lake. The Pedestrian Way shall include a six foot (6 ) wide concrete walk, crosswalks at the street crossings, and shall lie within a twenty foot (20 ) wide landscaped strip. 4. The applicant/owner agrees that it shall reserve, to the City of Chesapeake, at no costs, as public right-of-way that property generally depicted on the Conceptual Plan of Fieldstone, Version 9; R- 10s, dated August 21, 2014 identified as 100 right-of-way reservation for future Elbow Road relocated (the Elbow Road Right-of-way Reservation ). Such reservation shall occur by plat and be accomplished concurrently with the recordation of the first subdivision plat for the development. The applicant/owner shall also record a deed of reservation to memorialize this right-of-way reservation. In addition, the City agrees to vacate the reservation administratively upon the request of the applicant/owner or successor in interest if either of the two conditions are met: (1) The Elbow Road relocation project is removed from the 2050 Master Transportation Plan by vote of the City Council or (2) it is determined in writing by the City Manager or designee that the Elbow Road relocation project will not be constructed as shown on the rezoning exhibit.

6 Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes a. Furthermore, the applicant/owner, or subsequent Property Owners Association, agrees to own and maintain the reservation area and that no dwellings shall be constructed on the reservation area until the City releases the reservation area as stated in Proffer 4 above. 5. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be one thousand five hundred ninety-one dollars ($1,591.00) for Chesapeake Public Schools per dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each dwelling unit. 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 use for capital improvements as permitted by the Chesapeake Proffer policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash contributions 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. 6. The applicant/owner agrees that the following improvements to Elbow Road, within the limits of the project s frontage on Elbow Road, will be designed and constructed in accordance with the approved final subdivision construction plans for this development prior to subdivision plat recordation: a. Widening of the south side (eastbound lane) to provide one-half of the typical section for a City Collector Street, including curb and gutter and sidewalk. Additionally, the remaining ½ of a 90 right of way on the south side of Elbow Road within the limits of the project s frontage on Elbow Road, shall be dedicated to the City of Chesapeake as right of way and at no cost to the City. b. Two (2) street connections into the development (the WEST ENTRANCE and the EAST ENTRANCE). c. At the WEST ENTRANCE, a right turn lane for eastbound traffic into the development, and a left turn lane for westbound traffic into the development. d. At the EAST ENTRANCE, a right turn taper for eastbound traffic into the development.

Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes 7 e. For the turn lanes described above, their lane length and taper length shall be as approved by the Director of Development and Permits or designee. f. These improvements shall be completed, or included in the subdivision bond to assure completion, prior to the recordation of the first subdivision plat in the development as required by the Director of Development and Permits. If all or part of these improvements are bonded, the subdivision agreement shall provide for their completion not less than twelve (12) months after the date of recordation of said first subdivision plat. 7. The applicant/owner agrees that the following improvements to Elbow Road, from the western boundary of the project westward to Elbow Road s intersection with Centerville Turnpike, will be designed and constructed as shown on the final subdivision construction plans for this development and as required by the Director of Development and Permits: a. Widening of Elbow Road to a minimum pavement width of twenty-four feet (24 ). Curb and gutter will be provided and the width of the gutter shall not count toward the pavement width. b. A left-turn lane for westbound traffic turning onto Centerville Turnpike southbound. The length and other geometric parameters of this left turn lane shall be done in the best feasible manner, within the existing right of way of Elbow Road, as determined by the Director of Development and Permits or designee. c. Adjustments to the existing traffic signal at the Elbow Road/Centerville Turnpike intersection, to accommodate the added left turn lane. d. These improvements shall be completed, or included in the subdivision bond to assure completion, prior to the recordation of the first subdivision plat in the development. If all or part of these improvements are bonded, the subdivision agreement shall provide for their completion not less than nine (9) months after the date of recordation of said first subdivision plat. Mrs. Hanson read R(C)-14-05 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that R(C)-14-05 be APPROVED with the proffers as listed in the official agenda.

8 Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes Proponent: Shepelle Watkins-White, Shepelle Watkins-White Consulting & Law, PLLC, 870 Greenbrier Circle, Suite # 405, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-14-05 representing the applicant. Walton P. Pete Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C)-14-05 representing the applicant. COMMISSION DISCUSSION: Commissioner Johnson wanted to make sure he understood the argument the agent was trying to make by stating that Greenbrier Primary was set up for children K-2; but if the City could rearrange students, and move the third graders to Greenbrier Intermediate School then that would be an answer to the overcrowding problem. He asked the agent what would be the timeline for initiating construction, and constructing the project all the way through. The agent stated that it would be the summer of 2015 before subdivision development construction started and at least 60-90 days after that before the first home construction would start. The agent thought final construction would be around 2016-2017 school year before children from new homes would start to appear in the school system. Commissioner Hutchinson stated there were no proffers for fire or libraries for these additional students and that concerned her. Commissioner Johnson stated that in annual real estate taxes alone, this project would generate approximately $540,000 a year for the City and proffers of $4,000 per lot which was quite a bit of money. Chairman Kish stated that he believed in a more proactive road program than what was implemented right now. He said we had a Master Transportation Plan for the City but in order to make that a Plan, the City would need to purchase the land. He said the agent was proffering the plan for our Master Transportation Plan for the new Elbow Road. He said the proffers for transportation, other than the right-of-way, work on the existing Elbow Road to improve it in an area that does not necessarily match with the Master Transportation Plan for the future Elbow Road. The future plan uses the right-of-way that the agent was going to dedicate. Mr. Kish thought that potentially the City might actually be thinking about purchasing right-of-way for the new Elbow Road. He stated the developer would end up spending a large amount of money to improve a road that would not allow us to achieve the better solution which would be the Master Transportation Plan. Commissioner Hutchinson wanted to know how staff viewed the improvements to Elbow Road as far as safety or development for the future. The Director of Development and Permits stated that Elbow Road had been a concern for the City for a long time. The Director said his department looked at how much traffic would be generated from this project; which portion of the road would the traffic travel; if the development would be increasing the traffic; and was the developer providing improvements that would improve the safety for the majority of the traffic. The Director stated that by eliminating the deep

Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes 9 ditches next to the pavement and also widening the pavement that it would make it safer for two way traffic in excess of the new traffic that would be on Elbow Road currently plus the projected increase. He said this was viewed as a benefit and it was measured against a slight deteriment of a smaller amount of traffic going in a direction that was unimproved. The Director said the benefits significantly outweighed the negatives because of the combination of the improvements and the direction of the flow of traffic. Commissioner Johnson stated this was an opportunity for our City to grow and that the City needed to take advantage of good projects like this. He said the City had an opportunity to grow more by generating revenue, enhancing the City, bringing new tax payers into the City, but also included safety and the improvements being made to Elbow Road. Commissioner Williams stated that he was not sure the school numbers in this report were going to be the actual numbers because the report was based on 2011 numbers and on how many residents had been approved not necessarily how many homes had been built. He said in a recent application the school numbers ended up changing and he hoped in the future the Commission could receive accurate numbers. He stated this was a good project and that he would be voting in support. Commissioner Van Laethem stated he did not know why the Commission was questioning another body in doing their constitutionally appointed job for the City. He said he thought it was fair to understand that enrollment capacities did change, for whatever reasons. He did not believe that it was incumbent upon the Commission to cast any aspersions on data that was provided to them by the School Board. He said the Commissioners would accept other things that was said to them without any problem but the Commissioners were questioning the School Board and that bothered him. He stated that everything that the Commissioners had talked about for improvement of a road had forgotten about x number of students that would be entering the school system and asked were we going to place their education lower on the priority scale? Everybody had been talked about except the excess capacity of students, teachers, staff, and facility. He stated he was concerned about young students coming in at their formative years of education and the teachers, staff, and everyone else was expected to be there. He stated he would not be able to support this application due to the level of service for schools. Commissioner Perry stated he did not feel that anyone was challenging another body. He felt this was an appropriate project with large single family homes that the Comprehensive Plan had designated for growth. Commissioner Morris stated that the staff had commented on the pure character element of this project with the open space, the layout, that it was conducive to motor vehicular and pedestrian connectivity, and included cul-de-sacs. From a character standpoint, and compliance with the Comprehensive Plan, there was not a question in his mind in terms of whether this was the right type of project. He stated for him it was more of a timing issue and for timing the Commissioners had a Level of Service Policy (LOS) to follow. When looking at the LOS policy there were three areas to review; roads, schools, and utilities. He stated this project puts us in a better place than we were today when it comes to roads. From a timing standpoint, for roadways, this was a great project. Utilities, was

10 Chesapeake Planning Commission DRAFT September 10, 2014 Public Hearing Minutes not really a question so it comes down to schools. He did not want it to seem like he was questioning another body but for him it was only a question of whether he voted yes or no. He said he took crowded schools very seriously and that the Commissioners needed to use judgment when voting. He was not questioning the School Board but the numbers did not always add up and said these calculations had a lot of different variables in them. He felt this was the right project at the right time and he would be voting in favor of this application. COMMISSION VOTE: Commissioner Johnson moved that R(C)-14-05 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 7-1. Commissioner Van Laethem voted against the motion. Commissioner Bell was excused.

44 ENVIRONMENTAL SITE ASSESSMENT, PHASE I & II

ENVIRONMENTAL SITE ASSESSMENT, PHASE I & II (continued) 45

48 Fieldstone R(C)-14-05 APPLICANT: RAW Enterprises, LLC AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A conditional zoning reclassification of 73.8± acres from R-15s, Residential District (13.5± acres) and A-1, Agricultural District (60.3± acres) to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1801 Elbow Road TAX MAP SECTION/PARCEL: 0390000000010 BOROUGH: Washington

Fieldstone CITY COUNCIL PACKAGE FOR OCTOBER 21, 2014