PUBLIC HEARING MINUTES CITY COUNCIL CHAMBER - 7:00 P.M. · 2013. 4. 10. · Department of Planning...

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Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX (757) 382-6406 City of Chesapeake Chesapeake Planning Commission PUBLIC HEARING MINUTES April 10, 2013 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Johnson called the Chesapeake Planning Commission Public Hearing of April 10, 2013, to order at 7:00 p.m. in the City Council Chambers. Invocation: Dr. Hutchinson offered the Invocation for the evening. Pledge of Allegiance: Commissioner Bell led in the Pledge of Allegiance to the United States Flag. Roll Call: Present Stephens L. Johnson, Chairman John A. Kish, Vice-Chairman Gregory A. Bell, Secretary Dr. Sandi B. Hutchinson, Commissioner Jason M. Morris, Commissioner Adam M. Perry, Commissioner William C. Small, Commissioner George R. Van Laethem, Commissioner Department of Planning Staff Present Jaleh M. Shea, Planning Director Beverly R. Hanson, Recording Secretary and Office Coordinator Timothy M. Howlett, Planning Administrator Bill L. McKay, Planner Mark A. Hobbs, Planner Brian T. Swets, Planner City Attorney Staff Present Richard Hardwick, Assistant City Attorney Department of Public Utilities Staff Present Ed West, Engineer Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

Transcript of PUBLIC HEARING MINUTES CITY COUNCIL CHAMBER - 7:00 P.M. · 2013. 4. 10. · Department of Planning...

Page 1: PUBLIC HEARING MINUTES CITY COUNCIL CHAMBER - 7:00 P.M. · 2013. 4. 10. · Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX (757) 382-6406

Department of Planning

Post Office Box 15225 Chesapeake, Virginia 23328

(757) 382-6176 FAX (757) 382-6406

City of Chesapeake

Chesapeake Planning Commission PUBLIC HEARING MINUTES – April 10, 2013

CITY COUNCIL CHAMBER - 7:00 P.M.

Call to Order: Chairman Johnson called the Chesapeake Planning Commission Public Hearing of April 10, 2013, to order at 7:00 p.m. in the City Council Chambers.

Invocation: Dr. Hutchinson offered the Invocation for the evening.

Pledge of Allegiance: Commissioner Bell led in the Pledge of Allegiance to the United States Flag.

Roll Call: Present Stephens L. Johnson, Chairman

John A. Kish, Vice-Chairman Gregory A. Bell, Secretary

Dr. Sandi B. Hutchinson, Commissioner Jason M. Morris, Commissioner Adam M. Perry, Commissioner

William C. Small, Commissioner George R. Van Laethem, Commissioner

Department of Planning Staff Present

Jaleh M. Shea, Planning Director Beverly R. Hanson, Recording Secretary and Office Coordinator

Timothy M. Howlett, Planning Administrator Bill L. McKay, Planner

Mark A. Hobbs, Planner Brian T. Swets, Planner

City Attorney Staff Present

Richard Hardwick, Assistant City Attorney

Department of Public Utilities Staff Present Ed West, Engineer

Department of Development and Permits Present

Jay Tate, PE, Development and Permits Director

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APPROVAL OF MINUTES:

Mrs. Hanson presented the March 13, 2013 Public Hearing minutes into the record for Commission action.

PLANNING COMMISSION ACTION:

MINUTES for the March 13, 2013 Public Hearing were APPROVED. (7- 0-1; Van Laethem/Small, Bell abstained)

COMMISSION VOTE:

Commissioner Van Laethem moved that the MINUTES for the March 13, 2013 Public Hearing be APPROVED. Commissioner Small seconded the motion. The motion was carried by a vote of 7-0-1. Commissioner Bell abstained.

ITEMS FOR CONTINUANCE OR WITHDRAWAL:

UP-12-36 PROJECT: New Hope Baptist Church APPLICANT: New Hope Baptist Church Trustees AGENCY: Ivy Architectural Innovations PROPOSAL: A conditional use permit to construct an off-site parking lot with an alternative parking surface on approximately 23,000 square feet and to operate a daycare facility within the church. ZONE: R-8s, Single Family Residential District SIC CODE: 8661 LOCATION: 1317 Gust Lane TAX MAP SECTION/PARCELS: 0251001000480, 0251001000500, 0251001000520, 0251001000540, 0251003000160, 0251003000170, 0251003000180 BOROUGH: Deep Creek (Continued from the March 13, 2013 Public Hearing)

PLANNING COMMISSION ACTION:

CONTINUED to the June 12, 2013 Planning Commission Public Hearing. (8-0; Morris/Bell)

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Ms. Shea stated that the applicant had requested a continuation to the June 12, 2013 Public Hearing, to allow additional time to acquire an area of city owned property adjacent to the site and to work with staff on site plan issues. Staff had no objection to the request. COMMISSION VOTE: Commissioner Morris moved that UP-12-36 be CONTINUED to the June 12, 2013 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 8 - 0.

UP-12-37 PROJECT: Catalina Crossing Building Height Increase APPLICANT: Bonaventure Investments, LLC AGENCY: Poole Mahoney, PC PROPOSAL: A conditional use permit to exceed the building height of an apartment complex by 13 feet (from 35 feet to 48 feet). ZONE: Proposed rezoning (R(C)-12-18) from O&I, Office and Institutional, to R-MF-2, High Density Residential SIC CODE: 651 LOCATION: 2081 Military Highway, South TAX MAP SECTION/PARCEL: 1610000000060 BOROUGH: South Norfolk (Continued from the February 13, 2013 Public Hearing)

PLANNING COMMISSION ACTION:

CONTINUED to the June 12, 2013 Planning Commission Public Hearing. (8-0; Morris/Bell)

Ms. Shea stated that the applicant had requested a continuation to the June 12, 2013 Public Hearing, to allow additional time to work out building height and site related issues with city and other staff. Staff had no objection to the request.

COMMISSION VOTE:

Commissioner Morris moved that UP-12-37 be CONTINUED to the June 12, 2013 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 8 - 0.

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CONSENT AGENDA:

R(C)-04-31(Rev 2/13) PROJECT: The Retreat at Greenbrier Condominiums APPLICANT: The Retreat at Greenbrier Condominium Association AGENCY: Shepelle Watkins White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 39.6 acres to modify proffers on property zoned RMF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential LOCATION: 1493 Kempsville Road TAX MAP SECTION/PARCELS: 0294003000010-0294003000400; 0294003000490-0294003000760; 0294003000970-0294003001020; 0294003001600-0294003001840; 0294003000011; 0294004001030-0294004001170; 0294004001200-0294004001240; 0294004001330; 0294004001350; 0294004001360; 0294003000004-0294003000007 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-04-31(Rev 2/13) be APPROVED with the following proffers: (8-0; Bell/Kish)

1. The applicant/owner agrees that the property shall be developed solely as an age-restricted adult community as follows:

a. 80% of the occupied residential units shall at all times have as a permanent resident at least one person who is 55 years of age or older (“qualifying occupant”), provided that in the event of the death of a person who was the sole qualifying occupant, the spouse, caregiver, or partner of such qualifying occupant may continue to occupy the residential unit as long as the provisions of the Fair Housing Act (42 U.S.C. § 3602 et seq.) relating to “housing for older persons,” such person will attain the age of 55 within 10 years from the date of death of the qualifying occupant, and all regulations promulgated thereunder, are not violated. For purposes of this article, a “qualifying Occupant” must establish

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residency and actually reside in the unit for at least six (6) months during every calendar year.

b. No residential unit shall be occupied by any person 18 years of age or younger for any reason. For purposes of this article, a residential unit is deemed “occupied” by any person who stays overnight in the unit for more than 21 days in any 60 day period or for more than 30 days in any 12 month period.

c. At least 80% of the residential units constructed on the property shall be occupied by persons fifty-five (55) years of age or older in compliance with applicable federal and state laws regarding housing for older persons, including but not limited to: the Fair Housing Act, 42 U.S.C., et seq., and the exemption provided in 42 U.S.C. 3607(b)(2)(C) regarding discrimination based on familial status: the Virginia Fair Housing Law Va. Code 36-96.1 et seq.; any regulations adopted pursuant to the foregoing; any judicial decisions arising thereunder; and any amendments to the foregoing as now or may hereafter exist.

d. Specific provisions of the age restriction described above and provisions for enforcement of same shall be set forth in a declaration of restrictive covenants for development. The restrictive covenants shall conform with these criteria in all respects and shall specifically prohibit amendments or exceptions contrary to the age restriction against occupancy by persons 18 years of age or younger.

2. a. The applicant/owner agrees to establish and perpetually maintain approximately an 85 foot tree preserve buffer (“Buffer”) as depicted on a preliminary site plan dated November 24, 2004, and shall also be depicted on the final site plan. Subject to the need, from time to time for removal of dead or diseased trees, no trees shall be removed from the Buffer without the approval of the City Arborist or designee, or a representative of the Emerald Green Property Owners Association (“Association”).

b. The Buffer shall be augmented to provide additional screening with a mixture and wide variety of plantings of sufficient size and maturity that shall

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include but not be limited to the following: loblolly pines, Nelly Steven hollys, red buds, Leland cypresses, wax myrtles, sweet bay magnolias, eastern red cedars and red bay perseas with said plantings being planted by the applicant/owner in those areas that are generally depicted on a Landscaping Plan by Basnight Land & Lawn, Inc. (“Basnight”) dated January 24, 2005. The Landscaping Plan being attached hereto and being a part hereof of these proffers, and all plants shown therein which are to be planted by the owner/applicant shall be planted within 180 days of the approval of final site plan.

c. All plants set forth in the Landscaping Plan by Basnight which would be planted on property owned by the Greenbrier County Club (“GBCC”) shall be subject to the approval of GBCC which will be obtained by the Association prior to said plants being planted on GBCC property.

d. Approximately one (1) year after the plants set forth in the Landscaping Plan by Basnight have been planted, a representative of the owner/applicant and a representative of the Association shall meet at the Buffer location and examine the plantings that were planted by the owner/applicant. After said meeting reasonable requests for replacement of said landscaping that has died shall be honored by the applicant/owner and undertaken or otherwise planted by the owner/applicant within sixty (60) days of receipt of a written request by the Association.

e. The applicant/owner shall plant evergreen shrub materials, such as a ligustrum variety or such other similar plant material reasonably acceptable to the Association, and approximately 3 gallon in size at the time of planning and spaced 5’ on center along the rear property line of 1312 and 1313 Turnberry Court, Chesapeake, Virginia, generally in the area along Volvo Parkway at the golf cart underpass across from the GBCC. All such plants which are to be planted by the applicant/owner shall be planted within 180 days of the final site plan approval.

3. a. The primary exterior building materials for the residential buildings shall be a mixture of brick,

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cultured stone and/or “hardiplank” siding. No vinyl siding shall be used. The community pool shall include a trellis or cabana. The architectural design of the residential buildings shall be substantially as shown on the exhibits dated November 15, 2004. As to proffer 3, the architectural design and exterior building materials shall be reviewed and approved by the Planning Director or designee prior to the approval of the final site plan.

b. In addition to the aforesaid requirements of 3.a. herein, the rear exterior walls (“Walls”) of those dwelling units that have a rear property line at or near GBCC golf course or Prestwick Court shall be constructed with the Walls consisting solely of brick and/or simulated stone and said Walls shall not contain any hardiplank. The applicant/owner shall have the discretion to determine which homes shall have the Walls entirely of brick or entirely of simulated stone.

4. The applicant/owner agrees to design, provide, construct, install, and dedicate to the City the following public road improvements and traffic devices, in accordance with the requirements and specifications in the Subdivision Ordinance and Public Facilities Manual, as determined by the Director of Public Works or designee:

a. The applicant/owner shall design and install a traffic signal at Plantation Lakes Circle, Kempsville Road, and Bishopstoke Drive in accordance with the policies and specifications of the Department of Public Works. The cost of designing, producing, and installing the traffic signal shall be bonded prior to recordation of a final subdivision plat for all or any portion of the property subject to this application R(C)-04-31. The applicant/owner shall install the traffic signature in accordance with approved timing and sequencing plans within six (6) months of receipt of the issuance of a notice to proceed from the Department of Public Works.

b. The applicant/owner agrees to design, construct and dedicate Bishopstoke Drive, in accordance with the Rezoning Exhibit prepared by Hassell & Folkes, date-stamped November 24, 2004. The street shall be [bonded or] completed and dedicated prior to final

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site plan approval for any portion of the subject property. The applicant/owner acknowledges that a variance from the Subdivision Ordinance shall be required to satisfy the radius requirement in the Rezoning Exhibit. The applicant/owner shall timely make application to the Planning Commission for such a variance and shall pursue the variance request with due diligence until all administrative appeals are exhausted. If the variance is denied by the Planning Commission and on appeal, by City Council, the applicant/owner agrees to redesign the street in accordance with the direction of the Department of Public Works and within the constraints of law, the provisions of this paragraph pertaining to a variance shall be moot.

c. The applicant/owner understands that identical proffers to those above (4.a. and 4.b.) have been made in a companion rezoning application known as “The Church at the Retreat” (R(C)-04-34), but nevertheless acknowledges and agrees that primary responsibility for all costs and activities associated with the design, production, installation, timing and sequencing of the traffic signal lies with the applicant/owner of the subject property, including their successors and/or assigns. Similarly, primary responsibility for obtaining a variance for, and designing, constructing and dedicating “Bishopstoke Drive, lies with the owner/applicant of the subject property, including their successors and/or assigns.

5. a. The applicant/owner shall install a landscape buffer along the northern boundary where such boundary is shared with the adjacent Emerald Forest subdivision. Such landscape buffer shall be approximately 10’ in width and improved with evergreen shrub materials approximately 3 gallon in size at the time of planting and spaced 5’ on center. Shrubs to be placed within said buffer shall be a ligustrum variety or such other similar plant material as may be approved by the City Arborist. The landscaping requirements in this Proffer 5 shall be in addition to requirements of the City of Chesapeake’s landscape ordinance.

b. The applicant/owner shall construct and install brick columns along the northern property line where such boundary is shared with the Emerald Forest

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subdivision. The brick columns shall be generally as shown on an exhibit dated December 15, 2004. The brick columns subject to this proffer shall be placed approximately on the rear property line of the aforesaid shared boundary and shall be spaced 20’ apart. The columns and landscaping required herein shall be installed within six (6) months after the recordation of the subdivision plat and before the commencement of any construction of any residential dwelling unit. The applicable areas of the proposed tree preserve and BMP shall be excluded from the requirements of proffer 5.

c. The applicant/owner shall construct and install four (4) brick columns along the northern property line nearest to Alixis Way. One set of two (2) columns shall be constructed and installed on each side of the boundary line that crosses Alixis Way. Between the brick columns shall be a ten (10) foot long, six (6) foot high brick wall that shall join and abut each set of columns. The fencing requirements in this Proffer 5 shall be in addition to the requirements of the City of Chesapeake’s fencing requirements that may be required by the City’s landscape ordinance.

Mrs. Hanson read R(C)-04-31(Rev 2/13) into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended R(C)-04-31(Rev 2/13) be APPROVED with the proffers as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-04-31(Rev 2/13) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

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R(C)-13-01 PROJECT: Atlantic Shores Christian Schools Expansion APPLICANT: Atlantic Shores Christian Schools, Inc. AGENCY: Shepelle Watkins-White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 25.491 acres from R-15s and R-12(a)s, Residential Districts (17.559 acres) and A-1, Agricultural District (7.932 acres), to O&I, Office and Institutional District for the purpose of expanding an existing private school. PROPOSED COMP LAND USE: Institution EXISTING COMP LAND USE / DENSITY: Residential/Low Density LOCATION: 1217 and 1221 Centerville Turnpike, North TAX MAP SECTION/PARCELS: 0380000000885, 0380000000900 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-13-01 be APPROVED with the following proffers: (8-0; Bell/Kish)

1. The applicant/owner agrees to design and construct in accordance with Public Facilities Manual guidelines a northbound right turn lane, with taper, to provide access at the school’s existing entrance. Construction shall be completed at or before issuance of the certificate of occupancy for the field house on Parcel 0380000000900.

2. The applicant/owner agrees that in the event it constructs additional facilities other than those shown on the rezoning exhibit dated January 7, 2013, analysis will be conducted of warranted traffic improvements and any recommended improvements will be constructed or installed prior to or at the time of approval for any construction plans for additional facilities.

3. The applicant/owner agrees to dedicate up to 15’ of property along the frontage of Parcels 00380000000885 and 0380000000900 to achieve ½ of the ultimate 120’ prior to or at the time of site plan approval. The dedication is more particularly shown on the rezoning exhibit dated January 7, 2013.

4. The applicant/owner shall be permitted to use the residential structure located on Parcel 0380000000900 for residential

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purposes for up to three (3) years after City Council approval of this rezoning or until the applicant/owner is issued a certificate of occupancy for the field house to be constructed on Parcel 0380000000900.

5. The applicant/owner agrees to provide a non-ingress/egress easement along the frontage of Parcel 0380000000885, excluding the current entrance, and along Parcel 0380000000900 with exception to the current entrance and as ultimately determined during site plan review for development of the proposed O&I use on the property. The easements shall be provided prior to or at the time of site plan approval for relocating the ball fields and construction of the field house.

6. The applicant/owner agrees that upon disturbing any land on Tax Map Parcel 0380000000900, it will sample both soil and groundwater, and such media must be properly analyzed, managed, and disposed of in accordance with applicable waste management regulations.

Mrs. Hanson read R(C)-13-01 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended R(C)-13-01 be APPROVED with the proffers as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-13-01 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

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UP-13-02 PROJECT: Atlantic Shores Christian Schools Expansion APPLICANT: Atlantic Shores Christian Schools, Inc. AGENCY: Shepelle Watkins-White Consulting & Law, PLLC PROPOSAL: A conditional use permit to allow outdoor lighting in association with the football and baseball fields for a private school. ZONE: Proposed O&I, Office and Institutional District SIC CODE: 821 LOCATION: 1217 and 1221 Centerville Turnpike, North TAX MAP SECTION/PARCELS: 0380000000885, 0380000000900 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-13-02 be APPROVED with the following stipulations: (8-0; Bell/Kish)

1. The applicant/owner agrees that all lighting for the athletic fields shall be full cut-off, directed inward and downward and not exceed 0.5 foot-candle measured at the background of the property zoned residential.

2. The applicant/owner agrees that the ball field lights will be turned off no later than 11:30 PM.

Mrs. Hanson read UP-13-02 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-13-02 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that UP-13-02 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

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R(C)-13-06 PROJECT: Hadley Park at Greenbrier APPLICANT: Dragas Associates Inc. AGENCY: Dragas Management Corporation PROPOSAL: A conditional zoning reclassification of approximately 9.522 acres from A-1, Agricultural District, to R-MF-1, Multi-family Residential District for the purpose of constructing 92 residential condominium units. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential LOCATION: 1345 Volvo Parkway TAX MAP SECTION/PARCEL: 0290000000010 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-13-06 be APPROVED with the following proffers: (8-0; Bell/Kish)

1. 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 $1,542.30 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;

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Transportation $269.30; Libraries $351; Emergency Services $237.

2. The applicant/owner agrees that the community shall be constructed in substantial conformance, as determined by the Director of Planning or designee, with features and layout shown on the conceptual site plans dated February 11, 2013, and titled “Hadley Park at Greenbrier Conceptual Site Plan.”

3. The applicant/owner agrees that the architectural design of the residential structures shall be substantially similar, as determined by the Director of Planning or designee, to the architectural renderings dated February 11, 2013 and titled “Hadley Park at Greenbrier Architectural Elevations Luxury Villas.” The primary building materials shall consist of vinyl siding of a quality to or greater than that used on the neighboring community called “Brighton Park West” and 30 year architectural roofing shingles. The architectural features shall include decorative brackets and shutters, aluminum railings, and varying column designs. The colors utilized may vary from those shown on the architectural renderings, but all will be earth tones, and shall be approved by the Director of Planning or designee prior to final site plan approval.

4. The applicant/owner agrees to develop the community entrance substantially similar, as determined by the Director of Planning or designee, to the entrance rendering dated February 11, 2013 and titled “Hadley Park at Greenbrier Entry Perspective.”

5. The applicant/owner shall record a 15’ right-of-way dedication for the future widening of Volvo Parkway along the entirety of the Volvo Parkway frontage of tax parcel 0290000000010. This dedication shall be recorded prior to site construction plan approval

6. The applicant/owner shall install a standard 4-foot concrete sidewalk walkway within the existing right-of-way available within the entirety of Bishopstoke Drive, frontage of parcel 0290000000010, except for within the area of the subject development’s proposed entrance. These improvements shall be completed prior to the issuance of the first Certificate of Occupancy for the subject community.

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7. The applicant/owner agrees to record a non-ingress/egress easement along all existing public roadway frontage with tax parcel 0290000000010, except for along any areas of entrance, approved by the Director of Development and Permits or designee. The non-ingress/egress easement shall be recorded immediately preceding site construction plan approval for the subject property, after all other conditions of approval have been satisfied.

8. Applicant/owner shall make reasonable efforts, as determined by the Director of Development and Permits, to obtain an easement for ingress and egress from the owner of tax parcel 0294002000000 in order to install an entrance that will align with the existing entrance at the intersection of Bishopstoke Drive and Pucknall Drive. Should the applicant/owner be successful in gaining the aforementioned easement, an entrance that will align with the existing entrance at Bishopstoke Drive and Pucknall Drive will be shown on the final site plan for the subject properties and the required access easement shall be recorded prior to final construction plan approval. Should the applicant be unsuccessful in gaining aforementioned easement, the applicant/owner agrees to construct the entrance in the location that will maximize spacing from Volvo Parkway, and will make necessary road improvements to accommodate anticipated turning movement counts at that location.

Mrs. Hanson read R(C)-13-06 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended R(C)-13-06 be APPROVED with the proffers as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-13-06 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

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UP-12-04 PROJECT: Church of the Living God Center for Change APPLICANT: Church of the Living God Center for Change AGENCY: Dominic P. Lascara, PLC PROPOSAL: A conditional use permit to allow a church on a 0.36 acre parcel and a cooperative parking agreement in accordance with section 19-405.B of the Chesapeake Zoning Ordinance. ZONE: B-1, Neighborhood Business District SIC CODE: 8661 LOCATION: 1105 Portlock Road TAX MAP SECTION/PARCEL: 1590000000230 BOROUGH: South Norfolk

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-12-04 be APPROVED with the following stipulation: (8-0; Bell/Kish)

The owner/applicant agrees to erect “no parking” signs and/or bollards, planter boxes or other forms of permanent obstruction across the front of the area, labeled “Conc. Parking Area” on the Preliminary Site Plan, planning date stamped March 9, 2012, in order to effectively prohibit parking prior to the issuance of a Certificate of Occupancy. As an alternative, the owner/applicant may submit a site plan to make the necessary improvements required for a drop off and pick up zone, provided that there is adequate area for vehicles to circulate without backing onto Portlock Road. The site plan shall be approved by the Department of Development and Permits prior to the issuance of a certificate of occupancy.

Mrs. Hanson read UP-12-04 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-12-04 be APPROVED with the stipulation as listed in the official agenda.

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COMMISSION VOTE:

Commissioner Bell moved that UP-12-04 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

UP-13-03 PROJECT: Rock Center COGIC APPLICANT: Rock Center COGIC PROPOSAL: A conditional use permit to allow the operation of a church in an existing shopping center. ZONE: B-4, Shopping Center Business SIC CODE: 8661 LOCATION: 838 Old George Washington Highway North, Suites 104 & 106 TAX MAP SECTION/PARCEL: 0252011000050 BOROUGH: Deep Creek (This item was approved for concurrent advertising and will be heard by City Council on April 16, 2013)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-13-03 be APPROVED with the following stipulation: (8-0; Bell/Kish)

This use permit is only valid on this site for the applicant, Rock Center COGIC Church. If for any reason the Rock Center COGIC Church ceases their operation of the church, the use permit is voided. The use permit may not be transferred to any other person, organization, or operation.

Mrs. Hanson read UP-13-03 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-13-03 be APPROVED with the stipulation as listed in the official agenda.

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COMMISSION VOTE:

Commissioner Bell moved that UP-13-03 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

REGULAR AGENDA:

R(C)-13-04 PROJECT: Johnstown Estates APPLICANT: Kopassis Construction, Inc. AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 9.7 acres from A-1, Agricultural District (8.97 acres) and R-15s, Residential District (0.77 acres) to R-10s, Residential District to construct 21 single family detached residences. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 1332 Waters Road TAX MAP SECTION/PARCELS: 0590000000266, 0590000000267 BOROUGH: Pleasant Grove

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-13-04 be APPROVED with the following proffers: (8-0; Kish/Van Laethem)

1. The applicant/owner agrees to reserve, for acquisition by the City as future public right-of-way, that portion of the subject property 120 feet in width that is generally depicted as “Waters Road extended” on the City’s current 2050 Master Transportation Plan for the ultimate construction of a realignment of Waters Road. The applicant/owner agrees that the reservation area may be acquired by the City at pre-zoning value. Such reservation shall be shown and recorded on the subdivision plat for the development. The applicant/owner 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 Waters Road extended becomes a funded project. In addition, the reservation will automatically expire in the event that: (1) Waters Road extended is removed from the 2050 Master Transportation Plan or subsequent plan or (2)

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it is determined by the City that the Waters Road extended will not be constructed at this location.

a. Furthermore, the applicant/owner agrees to own and maintain the reservation area and that no dwellings shall be constructed within the reservation area unless the reservation expires, as provided in the above paragraph.

b. At the time the final subdivision plat is submitted for recordation, the applicant/owner agrees to record a deed of reservation and shall also note the reservation on the subdivision plat.

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 $4,000 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. 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 contribution shall be allocated as follows: Schools $1591; Transportation $1454; Libraries $570; Emergency Services $385.

3. The applicant/owner agrees that all use of shallow unconfined groundwater will be prohibited on the subject property including, but not limited to, potable drinking water and irrigation. Each on-site storm water management facility shall contain a geotextile liner to inhibit interaction between the facility and the shallow unconfined groundwater aquifer. Furthermore, the applicant/owner agrees to utilize clean utility corridor technologies within the subject property in accordance

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with EPA guidance before the installation of public utilities, sewer laterals, storm water pipes and roads. In particular, geotextile liners and operation safety guidelines will be implemented to protect workers in trenches. The requirements of this proffer may be deemed satisfied and no further action required if the City Manager, or designee, determines in writing that appropriate ground water testing performed by the applicant/owner demonstrates that there is no ground water contamination associated with the underground storage tank.

4. The applicant/owner agrees to ensure that full written disclosure of ground water and soil contamination associated with the residential underground storage tank is included in within the notes of all recorded subdivision plats, all initial contracts for purchase of lots by builders and first occupants and all deeds of conveyance, restrictive covenants and condominium association documents and the exact language shall be subject to approval by the City Attorney’s Office. This disclosure shall contain any known or suspected contaminant data, including all stipulated engineering and/or land use controls on the subject property within the groundwater, surface water and/or soils on the subject property identified within McCallum’s December 30 2010 Phase 2 ESA and other reports investigating the source, extent and risk posed by the subject property, in addition to remediation, monitoring and corrective action measures conducted within the subject property. The applicant/owner is solely responsible for ensuring that this disclosure language is included in the instruments described above. The applicant/owner acknowledges that the City is under no duty to inspect or review contracts, deeds, restrictive covenants, homeowner association documents and other recorded instruments. It is further acknowledged and agreed by the applicant/owner that the duty of ensuring compliance appropriately lies with the parties responsible for the development, construction, and marketing of the subdivision, e.g., owners, subdivider, developers, builders, and sellers. Upon the written determination by the City Manager or designee, this disclosure shall not be required if appropriate testing performed by the applicant/owner demonstrates that all of the contaminated soil has been lawfully removed from the property and that there is no ground water contamination associated with the underground storage tank.

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5. The applicant/owner agrees to design and construct an additional right turn lane for the east bound traffic on Waters Road at the intersection with Johnstown Road. The improvements shall include widening east bound Waters Road to provide two out bound lanes with sufficient width and turning radii within the City's existing right-of-way and applicant's dedicated portion of the subject property, road design, road construction, project management, paving, striping, installing curb and gutter, ditch and shoulder improvements, and improving roadside drainage facilities. These improvements shall be designed and constructed in accordance with the Department Development and Permits requirements or bonded before approval of the subdivision plat.

6. The applicant/owner agrees to dedicate one-half of the 120’ width necessary for the construction of a four lane roadway for Johnstown Road as provided for in the Master Transportation Plan. The dedication shall be made with the recordation of the subdivision plat for tax parcel #0590000000267.

7. The applicant/owner agrees to install a 6’ privacy fence along the entire property line between the two parcels that are subject to this rezoning application (tax parcel #0590000000266 (1332 Waters Road) and tax parcel #0590000000267) and tax parcel #0590000000265 (1326 Waters Road) which shall begin at the northern most point on tax parcel #0590000000266 permitted by the Zoning Ordinance (25 feet from the edge of the right of way for Waters Road or the established front yard, whichever results in the farthest setback from Waters Road) and continuing south for approximately 1,206 feet to the 20’ drainage easement as generally depicted on the rezoning exhibit date stamped February 8, 2013, but the installation shall not interfere with any future perimeter drainage design as determined by the Director of Development and Permits, or designee. The fence shall be subject to the approval by the Zoning Administrator and shall be installed before the issuance of the first building permit for a principal structure on the subject property. A property owners’ association shall be established pursuant to Section 13-1800 et seq. of the Chesapeake Zoning Ordinance and shall be required by the organizational documents to maintain the fence for fifteen (15) years from that date that R(C)-13-04 is approved or until such time that tax parcel #0590000000265 (1326 Waters Road) is

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rezoned or subdivided for residential development, whichever occurs first.

Mrs. Hanson read R(C)-13-04 into the record for Commission review and action.

Staff Presentation:

Mr. Hobbs stated that based on sound planning practices, Planning staff recommended R(C)-13-04 be APPROVED with the proffers as listed in the official agenda.

Proponent:

Grady A. Palmer, Attorney, Wooten & Shaddock, PLC, 1425 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-04 representing Johnstown Estates.

John T. King, Jr., 1326 Waters Road, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-13-04 representing himself.

Opponent:

Ernest Jackson, 1329 Waters Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-13-04 representing himself.

The citizen who spoke in opposition had safety and traffic concerns.

COMMISSION VOTE:

Commissioner Kish moved that R(C)-13-04 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 8-0.

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UP-13-04 PROJECT: Wawa at Green Tree Road Marketplace APPLICANT: AH Greentree, LLC AGENCY: Kimley-Horn & Associates, Inc. PROPOSAL: A conditional use permit to allow the operation of a convenience store and a gas station on a 12.84 acre site. ZONE: B-2, General Business District SIC CODE: 5411 LOCATION: 724 Green Tree Road TAX MAP SECTION/PARCEL: 0370000000171 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-13-04 be APPROVED with the following stipulations: (8-0; Van Laethem/Perry)

1. The applicant/owner agrees that no outdoor public telephones shall be permitted.

2. The applicant/owner agrees to take all action necessary to prohibit loitering as defined in Section 46-13 of the City Code.

3. The applicant/owner agrees to keep the property in a clean and well-maintained condition at all times.

4. The applicant/owner agrees that no loudspeakers shall be permitted on the subject site, with the exception of localized speakers at the individual gas pumps and speakers under the canopy that will only play music at a level not audible outside the property.

5. The applicant/owner agrees that no advertising shall be permitted on proposed pump island canopy.

6. The applicant/owner agrees that the architectural design of the convenience store building and the fuel supply station canopy shall be in conformance with the architectural rendering dated March 25, 2013. The architectural plans shall be approved by the Planning Director or designee prior to final site plan approval.

7. The applicant/owner agrees to restrict the wall signage of the convenience store building to one wall sign facing

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Kempsville Road as shown on the approved architectural rendering dated March 25, 2013 and one wall sign facing Green Tree Road as depicted on the approved architectural sign rendering dated July 5, 2011.

8. The applicant/owner agrees that the proposed free standing signs shall be architecturally compatible with the approved architectural renderings referenced in stipulation #7 as determined by the Planning Director or designee prior to final site plan approval. The applicant/owner further agrees not to construct an electronic message board, noting however, that the gas prices will be digitally lit.

9. The applicant/owner agrees that all HVAC equipment and refrigeration units for the building shall be adequately screened as shown on the approved architectural rendering referenced in stipulation #6 as determined by the Planning Director or designee prior to final site approval.

10. The applicant/owner agrees that all site and building mounted lights shall be LED with foot-candle readings that do not exceed 0.5 foot-candles at all property lines. Site lights shall be mounted on poles that do not exceed 25’ in height. Canopy lights shall be fully recessed.

11. The applicant/owner shall restrict dumpster service on the site by only scheduling pickup between the hours of 7 a.m. and 10 p.m.

12. The applicant/owner agrees to install and maintain all landscape material shown on the approved preliminary site plan. Such materials shall be approved by the City Arborist and installed prior to issuance of a certificate of occupancy.

13. The site plan exhibit shall not be construed as indicating final site plan improvements. The applicant/owner shall submit final construction plans for review in accordance with City of Chesapeake design criteria & policies, codes, ordinances and procedures. The applicant/owner agrees to provide public and on-site improvements as required, subject to the approval of the Department of Development and Permits. All required improvements shall be completed prior to issuance of a Certificate of Occupancy.

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14. The applicant/owner agrees to install a sidewalk along Greentree Road within the City of Chesapeake Right of Way as shown on the approved preliminary site plan.

Mrs. Hanson read UP-13-04 into the record for Commission review and action.

Staff Presentation:

Mr.Swets stated that based on sound planning practices, Planning staff recommended UP-13-04 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

Randy Royal, KImley-Horn and Associates, 501 Independence Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of UP-13-04 representing WaWa at Green Tree Road Marketplace.

Opponent:

Maria Mills, 500 King Maple Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-13-04 representing Oakbrooke Meadows.

Charles Mills, 500 King Maple Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-13-04 representing Oakbrooke Meadows.

Terese Raper, 513 King Maple Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-13-04 representing Oakbrooke Meadows.

Gene Waters, 360 Clearfield Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to UP-13-04 representing Clearfield Communities.

Those who spoke in opposition were concerned about increased traffic, noise issues, and safety concerns that oil spills would end up in the City’s water system. They stated that a current traffic study was needed and not provided and said they did not want another gas station at that location. They said that when a business came to Chesapeake it was important to ask whether or not the application would negatively impact or cause major problems to the existing environment creating a competitive advantage. By design, this application prohibited people from going to 7-11 which created an unfair competitive advantage.

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COMMISSION VOTE:

Commissioner Van Laethem moved that UP-13-04 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Perry seconded the motion. The motion was carried by a vote of 8 - 0.

R(C)-05-05(Rev 2/13) PROJECT: Albemarle River APPLICANT: Greystone Land Company LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 151.246 acres to modify proffers on property zoned R-15(a)s. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: South side of Butts Station Road at its intersection with Elbow Road and just east of Greystone Subdivision TAX MAP SECTION/PARCEL: 0490000000390 and 0490000000960 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-05-05(Rev 2/13) be APPROVED with the following proffers: (6-2; Bell/Small, Van Laethem and Hutchinson opposed)

1. Exterior Materials

a. The applicant/owner agrees that the residential improvements resulting from this application shall be substantially similar in quality to the exhibits dated July 14, 2008 as approved by the Director of Planning or designee.

b. The applicant/owner agrees that the primary materials to be used on the front, sides, and rear of all residential structures shall consist of brick, masonry (stone), high quality nailite with twice the mil of conventional vinyl, 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. Brick or

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cement based materials, or a combination thereof, shall not be required to cover more than 37.5% of the home’s exterior surface.

2. Crawl Space. All residential dwellings must have a crawl space or raised slab with the exterior appearance of a crawl space, including a brick skirt.

3. Garage Requirement. The owner/applicant agrees that each residential dwelling shall be provided with a minimum of a two-car garage.

4. Home Size. The applicant/owner agrees that one-story dwellings shall have a minimum of 1,950 S.F., and two-story dwellings shall have a minimum of 2,100 S.F. Furthermore, the applicant/owner agrees that the requirements contained in proffers 1 through 4 shall be recoded 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 applicant/owner acknowledges that it and its successors and assigns are solely responsible for enforcement through completion of development of the subject property.

5. The applicant/owner agrees that the ultimate subdivision of the subject property shall be as a cluster development pursuant to Article 6-2200 of the zoning ordinance and as generally shown on the rezoning exhibit. Such exhibit shall not be construed as being exact in presentation and shall be subject to preliminary subdivision review and approval.

6. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to the public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,556.93 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 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

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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 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 $1,591.00; Libraries $576.08; Emergency Services $389.85.

7. The applicant/owner agrees that it shall dedicate as public right-of-way that property generally depicted on the rezoning exhibit as “Future Southeastern Expressway” to the City of Chesapeake. Such dedication shall occur by plat and accomplished concurrently with the recordation of the first subdivision plat creating residential lots. The area dedicated is not intended for recreational use and as such shall be posted to prevent trespassing. The requirements of this proffer have been completed but the language has been preserved as a record of the value of the proffered dedication.

8. a. The applicant/owner agrees that in conjunction with this rezoning R(C)-05-05 REV, road improvements shall be substantially completed, as reasonably determined by the Director of Public Works or designee before the City acceptance of any subdivision improvements. Additionally, the applicant/owner agrees that the road improvements shall be designed and constructed in accordance with the requirements and specifications as they are set forth in the Subdivision Ordinance and Public Facilities Manual. The road improvements shall be designed, constructed, and dedicated as follows:

(1) Eastbound right turn lanes from Butts Station Road into the proposed development access points.

(2) Westbound left turn lanes from Butts Station Road into the proposed development access points.

(3) Right turn lane from Elbow Road onto Butts Station Road.

(4) The applicant/owner recognizes that the road improvements listed above may require the

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acquisition of off-site right-of-way dedication. Off-site right-of-way acquisition shall be provided in accordance with Public Works requirements.

b. The applicant/owner shall design and install a traffic signal at Butts Station Road/Elbow Road/site entrance intersection, in accordance with the policies and specifications of the Department of Public Works. The cost of designing, producing and installing the traffic signal shall be bonded prior to the recordation of a final subdivision plat for all or any portion of the property subject to this application R(C)-05-05 REV. The applicant/owner shall install the traffic signal in accordance with approved timing and sequencing plans within six (6) months of receipt of the issuance of a notice to proceed from the Department of Public Works.

c. The applicant/owner agrees that it shall dedicate one-half of the ultimate 120’ right-of-way on Butts Station Road along that frontage owned by the owner/applicant.

9. The applicant/owner agrees that the total number of residential dwellings resulting from this development shall not exceed 190 until such time as City Council approves a subsequent amendment to this proffer provision. The applicant/owner further agrees that it shall phase its development such that no more than 50 building permits for residential dwellings shall be issued within any 12 month period as measured from the date of the first such building permit issued. This proffer shall not apply to model homes for the length of time that such dwellings are used exclusively for that purpose.

10. a. The applicant/owner agrees that any and all wells shall draw groundwater from an aquifer shown to be free of contamination, as evidenced by a Phase I ESA, Phase II ESA, a Site Characterization Report, and/or Corrective Action Plan. Any and all wells on the subject property shall be approved by, and subject to the specifications of, the Chesapeake Health Department.

b. All potable and non-potable uses of the shallow groundwater are prohibited on the subject property.

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The term “shallow groundwater” as it applies to this proffer is defined as the uppermost unconfined groundwater aquifer.

c. The applicant and the owner of the property shall ensure that full written disclosure of the proximity of the Elbow Road Farm (Thrasher) Landfill, located north of this subdivision, is included in (i) the notes on all recorded subdivision plats, (ii) all initial contracts for purchase of lots by builders and first occupants, and (iii) all deeds of conveyance, restrictive covenants, and homeowner association documents. The disclosure shall read as follows:

“The Elbow Road Farm (Thrasher) Construction and Demolition Debris Landfill is located north of this subdivision. The existing landfill was approved by issuance of a conditional use permit by the Chesapeake City Council and by the issuance of a permit for a construction and demolition debris landfill by the Va. Dept. of Environmental Quality (DEQ). DEQ has also issued a permit for the future expansion of the landfill. If implemented, the expansion will allow the operation of the landfill to continue until the year 2018. In addition, DEQ has required water quality monitoring for this landfill over an extended period of time in order to insure compliance with state standards in this regard. Any questions regarding the landfill, the DEQ permits, the water quality monitoring tests, groundwater quality or surface water quality should be directed to the DEQ”.

The applicant and the owner shall be fully responsible for ensuring that this language, as well as the provisions outlined in aforementioned proffer 10a and 10b, are included in the instruments described above. The applicant and the owner acknowledge that the City is under no duty to inspect or review contracts, deeds, restrictive covenants, homeowner association documents and other recorded instruments. It is further acknowledged and agreed by the applicant and owner that the duty of ensuring compliance appropriately lies with the parties responsible for the development, construction, and marketing of the subdivision, e.g., owners, subdivider,

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developers, builders, realtors, and sellers.

11. The applicant/owner agrees that it shall extend a 12 inch City waterline within the Butts Station Road right-of-way in an easterly direction to the entrance of the existing “Vance Level” subdivision. The applicant/owner further agrees that it shall install City water services to all residential lots within the Vance Level subdivision up to and including the water meters. Such waterline extensions shall be accomplished in accordance with plans to be approved by the Directors of Public Utilities and Public Works. Such improvements shall be completed prior to recordation of the 150th residential lot in the proposed “Albemarle River” (R(C)-05-05) REV subdivision.

Mrs. Hanson read R(C)-05-05(Rev 2/13) into the record for Commission review and action.

Staff Presentation:

Mr. McKay stated that staff’s recommendations were not based on whether or not an applicant met the City’s Voluntary Cash Proffer Policy, therefore, staff offered no recommendation on this application.

Proponent:

Grady A. Palmer, Attorney, Wooten & Shaddock, PLC, 1435 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-05-05(Rev 2/13) representing Greystone Land Company, LLC.

COMMISSION DISCUSSION:

Commissioner Morris stated that there was a lot of focus on the cash aspects of the proffers and the reduction in terms of the amounts. He said the City currently had an existing policy and the Commissioners needed to compare the numbers of what the existing policy said as opposed to what it said in the past. He also stated that the Commissioners needed to look at the totality of the application. We’re not just talking about cash proffers he said, but other changes with the wording of proffers making it clear and easier for city staff to enforce. He said these changes were in accordance with the new policy.

Commissioner Bell agreed with Commissioner Morris and stated the market had changed. He said it was unfair to allow a new development to go thru under the current policy when it came to selling houses. Ultimately he felt that cash proffers were passed on to the new homeowner.

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Chesapeake Planning Commission April 10, 2013 Public Hearing Minutes

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Commissioner Hutchinson agreed that the market had changed but she did not know how much would get passed down to the new homeowner. She said that even though proffers change, it would not change the price point that the development had initially set, although she hoped that it would. Contracts were not retroactive in most businesses and she did not feel others should come back and ask for their contracts to be changed, thinking they could get what they wanted.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-05-05(Rev 2/13) be APPROVED. Commissioner Small seconded the motion. The motion was carried by a vote of 6 - 2. Commissioners Van Laethem, and Hutchinson voted against the motion.

DIRECTOR'S ITEMS:

Ms. Shea stated that the Planning Department had completed the City’s January 1, 2013 population estimate. Population estimate was 228,513 which was an increase of 1.05% over the past year.

UNFINISHED AND NEW BUSINESS:

Motion to cancel the April 24, 2013 Public Hearing.

APPROVED. (8 - 0; Small/Van Laethem)

ADJOURNMENT:

There being no further business to bring before the Commission, Chairman Johnson declared the meeting adjourned at 8:55 p.m.

Respectfully submitted,

Beverly R. Hanson Recording Secretary

BRH

APPROVED May 8, 2013. (6 - 0; Bell/Van Laethem, Hutchinson and Small excused)