ChesapeakeIRGINIA

Office of the City Attorney306 Cedar Road

Chesapeake Virginia 23322757 3826586

Fax 757 3828749

November 18 2014

TO Mayor Krasnoff ViceMayor de Triquet and Members of the City Council

Re CONSIDERATION OF A REQUEST TO EXPAND THE HRSD SERVICEAREA TO INCLUDE THE ESTATES OF HICKORY PLANNED UNIT

DEVELOPMENT REZONING RPUD1401

On November 12 2014 Grady Palmer Esquire of Poole Mahoney PC filed a requestwith the City Manager to expand the Hampton Roads Sanitation District HRSD Service Area toinclude property located off Edinburgh Parkway known as the Estates of Hickory a proposedPlanned Unit Development RPUD 1401 The Estates of Hickory consists of approximately163 acres of which 115 acres are located outside of the current HRSD service area If the

rezoning to PUD is approved the development is expected to consist of 620 residential unitsThe property is located in the Suburban Overlay and within the 2035 Public Utilities FranchiseArea Copies of Mr Palmers letter and attachments are enclosed

In accordance with the newly revised HRSD Service Area Expansion Policy DavidJurgens Director of Public Utilities forwarded Mr Palmers request to HRSD for review In

response the Chief of Planning and Analysis for HRSD sent the enclosed letter to the Director ofPublic Utilities noting that the property will be served by Chesapeake Pump Station 253 andthe Hillcrest Parkway force main From the Citys force main flows will enter the HRSDBattlefield Interceptor The Chief of Planning and Analysis finds that HRSD has the capacity totake the proposed development flows

Subsequent to the HRSD letter Mr Jurgens submitted the enclosed memorandum datedNovember 13 2014 in which he notes that the expansion of the HRSD Service Area will requireminimal expansion of City utility facilities all of which would be installed by the applicant willcreate a net financial benefit to the utility enterprise fund can be accommodated by existingHRSD facilities and creates no islands in the HRSD service area

Pursuant to the CitysHRSD Service Area Expansion Policy a copy of which isenclosed the City Council may take one of the following actions i approve the requestedexpansion ii approve the requested expansion with conditions iii deny the requestedexpansion or iv continue the matter for additional information or further deliberation Suchaction may be taken by motion

The City of Chesapeake adheres to the principles of equal employment opportunityThis policy extends to all programs and services supported by the City

Given the facts of this application it would be reasonable to impose the followingconditions on any motion to approve the expansion of the HRSD Service Area

The expansion of the HRSD Service Area is contingent on the approval ofRPUD1401 and the inclusion of the property in the current Public UtilitiesFranchise Area

The applicant shall be solely responsible for all costs associated with the upgradeof Chesapeake Pump Station 253 and the upgrade or installation of any otherpublic utility facility that may be necessitated by RPUD 1401 as determined bythe Director of Public Utilities

Please advise if you have any questions or concerns in this regard

V ry truly yo

CUA tA OC CiJan L Proctor

City Attorney

JLPhvm

Enclosures

cc James E Baker City ManagerAmar Dwarkanath Deputy City ManagerDavid Jurgens Director Department of Public UtilitiesJaleh Shea Director Department of Planning

POOLE I MAHONEYPCA l 1 O R N E Y S

Grady A Palmer Esq Direct Dial 7575526046

Ecnarl epairner@poolemahoneycorgReply to Chesapeake

November 12 2014VIA EMAILJames E Baker City ManagerCity of Chesapeake306 Cedar Road Sixth FloorChesapeake VA 23322

Re Request to Extend the HRSD Service Area Estates of HickoryRPUD1401

Dear Mr Manager

The purpose of this correspondence is to combine my clients requests for the expansionof the Hampton Roads Sanitation District HRSD service area to include tax parcel0850000000460 and 0850000000470 known as the Willis and Waters Farm and tax parcel0850000000502 0850000000506 0850000000513 0850000000514 and a portion of0850000000521 formerly known as Edinburgh Estates These properties have beencombined in a pending Planned Unit Development rezoning application that was filed onSeptember 8 2014 with the Planning Department containing a proposal for 620 for sale homes

The subject properties are located within the Suburban Overlay District and within the2035 Public Utility Franchise Area Pump station 253 and an existing 10 inch sewer line areavailable in Thistley Lane Necessary public utility extensions to accommodate the proposeddevelopment will be privately funded

With kind regards I amVery truly yours

POOLE MAHONEY Pc

By

Grady A Palmer

GAPcmj

cc David E Jurgens PE Director of Public Utilities

wwwpoolemahoneycomCHESAPEAKE CHESTERFIELD NORFOLK PORTSMOUTH VIRGINIA BEACH

860 Greenbrier Circle Suite 401 9850 Lori Rood Suite 101 300 East Main Street Suite 140 200 High Street Suite 302 4705 Columbus SkeetChesapeake VA 23320 Chesterfield VA 23832 Norfolk VA 23510 Portsmouth VA 23704 Virginia Beach VA 23462

757 9626625 804 7787265 757 5182373 751 3934049 757 4991841FAX 757 9626180 FAX 804 7787943 FAX 757 9629140 FAX 757 3975383 FAX 757 5526016

Cleaning wastewater every day for e better Bay

November 10 2014

David Jurgens PEUtilities Director

City of Chesapeake306 Cedar Road

Chesapeake VA 23322

Re City of Chesapeake Estates at HickoryHRSD Service Area Expansion Request

Dear Mr Jurgens

This is to inform you that HRSD has evaluated the City of Chesapeakesrequest to expandHRSDs service area to include the Estates at Hickory development along Edinburg Parkwayand determined that it is feasible to accommodate the proposed development with existingfacilities HRSD understands that the property will be developed with approximately 620 singlefamily homes and will be connected to the HRSD Battlefield Interceptor through the City ofChesapeakespump station number 253 and sewer force main along Hillcrest Parkway WhileHRSD has the capacity to take the proposed development flows we ask that the City providesupdated flow information during the Flow Acceptance process

If you have any questions or would like to discuss this further please do not hesitate to contactme

Sincerely

CJay Bernas PEChief of Planning and Analysis

cc Ted Henifin

Bruce HusselbeePhil Hubbard

David WaltripKaren HarrRobert Martz

PO Box 5911 Virginia Beach VA 234710911 7574607056

Commissloners Vishnu N Lakdawala PhD Chairman Frederick N Elorson CPA ViceChairman Michael E GlennArthur C Bredemeyer Maurice P Lynch PhD 1 Vincent Behm Jr Stephen C Rodriguez

wwwhrsdcom

C sapeake10 VIRGINIA

Department of Public UtilitiesMEMORANDUM

TO The Honorable Mayor and Members of City Council

VIA Amar Dwarkanath PE Deputy i anager

FROM David Jurgens Utilities Director 9

DATE November 13 2014

RE Staff Report Estates at Hickory D Potential HRSD Area Expansion Request

SUMMARY

The Estates at Hickory PUDRequires minimal expansion of City utility facilities all of which would be paid for and installedby the developerWill create a net financial benefit to the UtilityCan be accommodated with existing HRSD facilities andCreates no islands in the HRSD service territory as approved by City Council

BACKGROUND

Staff received a request from Nicholas Baum of Dragas Management Corporation attachedrequesting the HRSD service be expanded to include the proposed Estates at Hickory PUD TheEstates at Hickory is located on both sides of Edinburgh Parkway south of Thistley Lane The portionwest of Edinburgh Parkway is bounded by Thistley Lane on the north and Saint Brides Road on thesouth The development is comprised of parcels 0850000000506 0850000000513 08500000005140850000000502 0850000000521 0850000000460 and 0850000000470 totaling approximately 163acres of which 115 are outside the existing HRSD service territory The PUD intends to include 620single family residential dwellings This area is outside the current Public Utilities Franchise AreaPUFA but is inside the 2035 PUFA Based on our initial review wastewater will flow throughChesapeakespump station 253 through the City force main connection to the HRSD system at theintersection of Hillcrest Parkway Battlefield Boulevard

DISCUSSION

It is likely that the Citys pump station 253 will require capacity improvements The extent of anysuch improvements if required will be determined through the detailed design process Any suchimprovements will be made at the developersexpense

HRSDsresponse attached statesIt is feasible to accommodate the proposed development with existing facilitiesThey recognize the size and hydraulic routing to the HRSD Battlefield Interceptor through theCity of Chesapeakespump station number 253 and sewer force main along Hillcrest ParkwayThey request the City provide updated flow information during the Flow Acceptance processwhich occurs during detailed design

Estates at Hickory HRSD Service Area Exp Req Memo to CC 13Nov14

City of Chesapeake Public Utilities Department 2

Estates at Hickory PUD Potential HRSD Area Expansion Request11113114

BUDGET IMPACT

As all construction andor upgrade costs will be borne by the developer there are no capital costsassociated with this project Based on anticipated annual water and sewer revenues and connection feesfor the maximum of 620 residential units this project will have a positive fiscal impact on Public Utilities

Cost and Revenue Component Gravity Sewer Water Pump StationFM Total

Operating Cost Annual 20522 14545 51716 86783

Anticipated Revenue Annual 137757 204779 342536Connection Fee Revenue One Time 1759500 1848500 3608000

DEJ

Attachments

C James Baker City ManagerJan L Proctor City AttorneyJaleh M Shea Director of PlanningJay B Tate PE Director of Development Permits

Estates at Hickory HRSD Service Area Exp Req Memo to CC 13Nov14

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Alternate Version

RESOLUTION AMENDING THE HAMPTON ROADS SANITATION DISTRICTSERVICE AREA EXPANSION POLICY ADOPTED BY THE CHESAPEAKE CITYCOUNCIL ON OCTOBER 21 1997 TO REVISE THE PROCESS FORCONSIDERATION OF EXPANSION REQUESTS BY THE CHESAPEAKE CITYCOUNCIL

WHEREAS the Hampton Roads Sanitation District HRSD has established service

areas for its sewage disposal force mains interceptors and gravity sewer lines collectively

referred to as force main or force mains and

WHEREAS the service areas generally extend one mile from an HRSD force main

and

WHEREAS the City of Chesapeake City occasionally receives requests from

landowners or authorized agents to expend the HRSD service area beyond the onemile limit

to serve a particular piece of property proposed for development and

WHEREAS requests for expansion usually require additions or alterations to City

utility facilities including City pump stations and sewer lines and

WHEREAS due to the direct impact on the Citys public utility systems the

Chesapeake City Council Council deems it necessary to review and analyze all proposed

requests for expansions of HRSD service areas and

WHEREAS on October 21 1997 the Chesapeake City Council adopted a Service

Area Expansion Policy and

WHEREAS the City wishes to amend the current Service Area Expansion Policy to

provide a twostep process for Councilsconsideration of all expansion requests

City AttorneysOfficeCity of ChesapeakeMunicipal Center306 Cedar Road

Chesapeake Virginia23322

757 3826586Fax 757 3828749

NOW THEREFORE BE IT RESOLVED by the Council of the City of Chesapeake

Virginia that the attached amended Service Area Expansion Policy which includes a revised

process for Councilsconsideration of all expansion requests is hereby approved

ADOPTED by the Council of the City of Chesapeake Virginia this Zaday of

a T2014

APPROVED

6Mayor

ATTEST

46141iClerk of the Council

City AttomeysOfficeCity of ChesapeakeMunicipal Center306 Cedar RoadChesapeake Virginia23322

757 3826586Fax 757 3828748

1

Alternate Version

Presented to the City Council for Consideration on May 20 2014

AMENDMENT TO

SERVICE AREA EXPANSION POLICY

The City of Chesapeake City recognizes that the Hampton Roads Sanitation

District HRSD has established service areas for its sewage disposal force mains interceptors

and gravity sewer lines collectively referred to herein as force main or force mains These

service areas generally extend one mile from an HRSD force main

The City also recognizes that from time to time a landowner or authorized agent will

request HRSD to expand its service area beyond the onemile limit to serve a particular piece of

property proposed for development Such expansions usually require additions or alterations to

City utility facilities including City pump stations and sewer lines Due to this direct impact on

the Citys public utility system the City Council deems it necessary to review and analyze all

proposed expansions of HRSD service areas For purposes of this policy an expansion shall

include any extension of sewage disposal services to a property located in whole or in part

farther than one mile of an existing HRSD force main In cases where a service area currently

extends beyond this onemile limit an expansion shall be deemed to occur if sewage disposal

services are offered to any property outside the boundaries of the HRSD service area as it exists

on this 21 day of October 1997 The service areas of City pump stations shall not be

considered in determining the current boundaries of an existing HRSD service area

To initiate an expansion of an HRSD service area the landowner or authorized agent

shall file an application with the City Manager or designee with an exhibit showing the location

of the property in relation to the HRSD service area boundaries as of October 21 1997 The

application shall also describe the proposed development in sufficient detail to estimate sewage

flows from the property Following receipt of a complete application the City Manager or

designee shall discuss the proposed expansion with HRSD to determine at a minimum whether

the expansion is practicable and the extent and nature of the impact such an expansion would

have on the capacity and operations of HRSD and City sewage facilities The City Manager or

designee shall not be authorized to make any type of commitment on behalf of the City during

these discussions with HRSD Upon receiving all pertinent information the City Manager or

designee shall prepare a report to the City Council setting forth HRSDsposition on the proposed

expansion The application to expand the HRSD Service Area and the City Managersreport

shall be presented to the City Council for consideration and action

In reviewing the request the City Council may consider the following factors and

criteria

1 The extent to which City utility facilities must be installed altered or upgraded to

accommodate the expansion of the HRSD service area and any adverse impact on the

functional or operational integrity of the City utility system which may be generated

by the expansion of the HRSD service area

2 The fiscal obligations to be assumed by the City in the operation and maintenance of

City utility facilities installed altered or upgraded to accommodate the expansion of

the HRSD service area as weighed against the public benefit to be realized by the

expansion of the HRSD service area

2

r

3 The impact the expansion may have on the capacity of the HRSD and City sewer

facilities including triggering the need for new HRSD facilities and any costs

associated with same

Upon consideration of all relevant factors the City Council may i approve the

application ii approve the application with conditions deemed necessary to prevent adverse

impact on the Citysutility system or to otherwise protect and promote the health safety and

welfare of the residents of Chesapeake iii deny the application or iv continue the application

for additional information or other good cause Until final action is taken by the City Council

no preliminary or final site plan or subdivision plan relating to the project shall be approved by

the City nor shall any discretionary land use proposals including rezonings and conditional use

permits be advertised for a public hearing before the Planning Commission or the City Council

All requests for the expansion of an HRSD service area shall be processed within a

reasonable time period

ADOPT D by the Council for the City of Chesapeake Virginia this 2 day of

ILL 2014

APPROVED

yor

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