Chesapeake Planning Commission PUBLIC HEARING MINUTES APRIL 8, 2015 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 City of Chesapeake PUBLIC HEARING MINUTES APRIL 8, 2015 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box Chesapeake, Virginia (757) FAX (757) Call to Order: Chairman Kish called the Public Hearing of April 8, 2015, to order at 7:00 p.m. in the City Council Chambers. Invocation: Commissioner Ellis offered the Invocation for the evening. Pledge of Allegiance: Commissioner Williams led in the Pledge of Allegiance to the United States Flag. Roll Call: Present John Kish, Chairman Marty Williams, Vice-Chairman Jason Morris, Secretary Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner Stephens Johnson, Commissioner Adam Perry, Commissioner Absent William Small, Commissioner George Van Laethem, Commissioner Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Assistant Planning Director Beverly Hanson, Recording Secretary and Office Coordinator Timothy Howlett, Planning Administrator Mark Hobbs, Senior Planner Milissa Story, Senior Planner Darryl Griffin, Senior Planner City Attorney Staff Present Catherine Lindley, 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

2 Page 2 APPROVAL OF MINUTES: Mrs. Hanson presented the March 11, 2015 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the March 11, 2015 Public Hearing were APPROVED. ITEMS FOR CONTINUANCE: R(C) PROJECT: Hickory Woods APPLICANT: Kotarides Developers PROPOSAL: A conditional zoning reclassification of a 38.3± acre portion of a 65.51± acre parcel from A-1, Agricultural District, to R-MF-1, Multifamily Residential District (30.64± acres) and B-2, General Business District (7.66± acres). PROPOSED COMP LAND USE / DENSITY: Suburban Mixed-Use with residential densities of no more than 10 dwelling units per acres EXISTING COMP LAND USE / DENSITY: Suburban Mixed-Use with something less than 10 dwelling units per acre LOCATION: Battlefield Boulevard South, one half mile south of Hillcrest Parkway TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued from the March 11, 2015 Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the May 13, 2015 Planning Commission public hearing. (7-0; Williams/Ellis; Small, Van Laethem excused) Ms. Shea stated that the staff had requested a continuation to the May 13, 2015 Public Hearing, to allow additional time to work on transportation issues. Commissioner Williams moved that R(C) be CONTINUED to the May 13, 2015 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused.

3 Page 3 R PROJECT: George Washington Shopping Center APPLICANT: Nuni Associates a/k/a, Nuni Inc. AGENCY: McGuireWoods, LLP PROPOSAL: A zoning reclassification of 4.43± acres from B-1, Neighborhood Business District to B-2, General Business District PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business Commercial LOCATION: 1100 George Washington Highway TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION ACTION: CONTINUED to the May 13, 2015 Planning Commission public hearing. (7-0; Williams/Ellis; Small, Van Laethem excused) Ms. Shea stated that the applicant had requested a continuation to the May 13, 2015 Public Hearing, to allow additional time to address parking-related issues. Staff had no objection to the request. Commissioner Williams moved that R be CONTINUED to the May 13, 2015 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. UP PROJECT: George Washington Shopping Center Cyber-Auction APPLICANT: Bulldog Ventures and Investments, LLC t/a BidRite AGENT: McGuireWoods, LLP PROPOSAL: A conditional use permit to operate a computer-based gaming establishment within the George Washington Shopping Center. ZONE: Proposed B-2, General Business District LOCATION: 1100 George Washington Highway TAX MAP SECTION/PARCEL: portion of BOROUGH: Deep Creek

4 Page 4 PLANNING COMMISSION ACTION: CONTINUED to the May 13, 2015 Planning Commission public hearing. (7-0; Williams/Ellis; Small, Van Laethem excused) Ms. Shea stated that the applicant had requested a continuation to the May 13, 2015 Public Hearing, to allow additional time to address parking-related issues. Staff had no objection to the request. Commissioner Williams moved that UP be CONTINUED to the May 13, 2015 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. CONSENT AGENDA: R(C) PROJECT: Johnstown Road Rezoning APPLICANT: VLP Associates, LLC AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC PROPOSAL: A conditional zoning reclassification of an 8.4± acre parcel dualzoned A-1, Agricultural District and R-15s, Residential District, to R-10s, Residential District, to construct 22 single-family homes. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre LOCATION: West side of Johnstown Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued from the March 11, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (7-0; Williams/Hutchinson; Small, Van Laethem excused) 1. The applicant/owner agrees to make a cash contribution the City of Chesapeake for capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service

5 Page 5 facilities. The amount of the voluntary cash contribution shall be $4, 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 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; Transportation, $1,454; Libraries $570; Emergency Services $ The applicant/owner agrees that the total number of residential units on the property subject to this rezoning, R(C)-15-03, shall not exceed twenty-two (22) units. 3. The applicant/owner agrees that the single-family detached dwellings shall have a minimum square footage of 2,000 square feet for a one story house and 2,400 square feet for a two story house. The applicant/owner further agrees to the following conditions as detailed in this proffer and agrees that these conditions are subject to the review and approval of the Director of Planning or designee. a. Siding materials shall consist of brick, stucco, cementitious siding, stone, and/or premium vinyl (minimum 0.044' thickness). Brick and stone as used in the foregoing shall mean individual, layed-up masonry and not simulated or panelized product. b. Two siding materials may be used, however, one siding material must compromise at least 75% of the exterior surface and the second siding material will be considered accent. c. All roof shingles shall be architectural grade (25 year minimum; not single-layer, 3-tab ). d. Foundations shall be crawl or 16 inch raised slab (finished floor at least 16" above outside grade) with brick skirts that are required on the front and two sided of the house. The applicant/owner shall provide a sample of all of the proffered architectural materials to the Director of Planning or designee for review and approval prior to final site or subdivision plan approval. e. The applicant/owner agrees that all dwelling units shall be constructed substantially in conformance with the elevations dated March 24, 2015 on file with the Planning Department.

6 Page 6 4. A conceptual site plan prepared by Parrish Layne Design Group and entitled Conceptual layout for VLP Associates, LLC, Tax Parcel , Pleasant Grove Borough, Chesapeake, Virginia, date stamped March 24, 2015, 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 any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. However, the applicant/owner agrees to provide connectivity as generally shown on the conceptual plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. Mrs. Hanson read R(C) 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) be APPROVED with the proffers as listed in the official agenda. Commissioner Williams moved that R(C) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused.

7 Page 7 UP PROJECT: 7-Eleven #37037 APPLICANT: Larae Tucker AGENCY: Blakeway Corporation PROPOSAL: A conditional use permit to allow a convenience store with a fueling facility. ZONE: B-1, General Business District LOCATION: 1169 George Washington Highway TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek (This item was approved for concurrent advertising and will be heard by City Council on April 21, 2015) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (7-0; Williams/Hutchinson; Small, Van Laethem excused) 1. The applicant/owner shall record a private access easement as shown on the exhibit entitled, GW HWY and Canal DR and dated March 5, 2015 prior to final site construction plan approval. 2. The applicant/owner shall vacate all interior property lines between Tax Parcel Numbers and prior to final site construction plan approval. The vacation of the referenced interior lot lines shall be accomplished by recordation of a deed describing the lot lines to be eliminated and referencing the recorded plat or other recorded instrument which lawfully created the lot lines. 3. Only one freestanding monument-style sign having no less than two points of contact with the ground shall be allowed on the subject site. 4. There shall be no public outdoor telephones permitted on the subject site. 5. The applicant/owner shall take all actions necessary to prohibit loitering as defined in Section of the City Code. 6. The applicant/owner agrees that no loudspeakers shall be permitted on the subject site, with the exception of the localized speakers at the individual gas pumps. 7. The applicant/owner agrees that no advertising shall be permitted on the proposed pump island canopy with the exception of the 3x3 foot

8 Page 8 identification sign which shall be allowed on each side of the pump island canopy. 8. The applicant/owner agrees that the attached sign on the front of the building shall be restricted to thirty-two (32) square feet including any striping and the logo. 9. The applicant/owner agrees that the proposed building will be substantially similar, as determined by the Director of Planning or designee, to the elevation dated December 5, 2014, on file with the Planning Department with the following change: the canopy pillars shall have brick base up to a minimum height of 4 feet and be the same color as the base of the convenience store. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. UP PROJECT: Kroger Marketplace Fueling Center APPLICANT: Kroger Limited Partnership PROPOSAL: A conditional use permit to construct and operate a vehicle fueling facility on 1.34± acre portion of a 49.8± parcel. ZONE: PUD, Planned Unit Development LOCATION: Northeast corner of Cahoon Parkway and Grassfield Parkway TAX MAP SECTION/PARCEL: portion of BOROUGH: Deep Creek

9 Page 9 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (7-0; Williams/Hutchinson; Small, Van Laethem excused) 1. The applicant/owner shall provide a site plan detailing the parapet that will be used to screen all mechanical equipment on the subject site from view from public right-of-ways lighting which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 2. The applicant/owner shall provide a site plan demonstrating the connectivity of the pedestrian walkways, crosswalks and associated landscaping which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. Sidewalks, crosswalks and pedestrian walkways both onsite and along adjacent road frontages shall be constructed prior to the issuance of a certificate of occupancy. 3. The applicant/owner shall provide architectural renderings for any proposed signage associated with the project lighting which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 4. The proposed building will be substantially similar to the elevation dated January 9, 2015 as determined by the Planning Director or designee. The canopy pillars shall have brick base up to a minimum height of 4 feet using the same brick as the grocery store. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused.

10 Page 10 UP PROJECT: Kroger Marketplace Drive-thru APPLICANT: Kroger Limited Partnership PROPOSAL: A conditional use permit to construct and operate a drive thru with amplified sound within the proposed Kroger Marketplace on a 15.15± acre portion of a 49.8± parcel. ZONE: PUD, Planned Unit Development LOCATION: Northeast corner of Cahoon Parkway and Grassfield Parkway TAX MAP SECTION/PARCELS: portion of , portion of BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (7-0; Williams/Hutchinson; Small, Van Laethem excused) 1. The applicant/owner shall provide a site plan detailing the parapet that will be used to screen all mechanical equipment on the subject site from view from public right-of-ways which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 2. The applicant/owner shall provide a site plan demonstrating the connectivity of the pedestrian walkways, crosswalks and associated landscaping which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. Sidewalks, crosswalks and pedestrian walkways both onsite and along adjacent road frontages shall be constructed prior to the issuance of a certificate of occupancy. 3. The applicant/owner shall provide architectural renderings for any proposed signage associated with the project which shall be subject to the review and approval of the Director of Planning or designee prior to final site plan approval. 4. The proposed building will be substantially similar to the elevation dated March 20, 2015 as determined by the Planning Director or designee. Mrs. Hanson read UP into the record for Commission review and action.

11 Page 11 Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. UP PROJECT: TAG America APPLICANT: TAG, America, Inc. AGENCY: Hampton Roads Economic Development Alliance PROPOSAL: A conditional use permit to manufacture non-hazard chemicals and allied products, specifically organic agent releasers. ZONE: M-1, Light Industrial District LOCATION: 812 Curtis Saunders Court TAX MAP SECTION/PARCELS: , BOROUGH: Deep Creek (This item was approved for concurrent advertising and will be heard by City Council on April 21, 2015) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (7-0; Williams/Hutchinson; Small, Van Laethem excused) 1. Conditional use permit approval shall be limited to the production and distribution of organic agent releasers. For purposes of this stipulation, organic agent releasers are non-hazardous chemicals and compounds which use water as the main ingredient as well as variable organic compound (VOC) free products, as further described in the conditional use permit application. 2. The conditional use permit shall be limited to the applicant, only. This conditional use permit shall become void if the applicant no longer occupies the subject site. Mrs. Hanson read UP into the record for Commission review and action.

12 Page 12 Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. CIB PROJECT: Philippians 4:11-13, LLC Property APPLICANT: City of Chesapeake PROPOSAL: Purchase of approximately 43 acres for open space and conservation uses as being in substantial compliance with the adopted Comprehensive Plan as required by Section et seq. of the Code of Virginia. LOCATION: Adjacent to 2309 Ballahack Road, abutting the NSA Northwest Annex to the rear TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: APPROVED. (7-0; Williams/Hutchinson; Small, Van Laethem excused) Mrs. Hanson read CIB into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that CIB be APPROVED as listed in the official agenda. Commissioner Williams moved that CIB be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused.

13 Page 13 CIB PROJECT: Bradshaw Property APPLICANT: City of Chesapeake PROPOSAL: Purchase of approximately 15.6 acres for open space and conservation uses as being in substantial compliance with the adopted Comprehensive Plan as required by Section et seq. of the Code of Virginia LOCATION: 1564 Mount Pleasant Road TAX MAP SECTION/PARCEL: BOROUGH: Butts Road PLANNING COMMISSION RECOMMENDATION: APPROVED. (7-0; Williams/Hutchinson; Small, Van Laethem excused) Mrs. Hanson read CIB into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that CIB be APPROVED as listed in the official agenda. Commissioner Williams moved that CIB be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. UP PROJECT: Bainbridge Recycling APPLICANT: Bainbridge Recycling, Inc. PROPOSAL: A conditional use permit to operate a Concrete and Material Crushing Facility. ZONE: M-3, Waterfront Industrial District LOCATION: 5360 Bainbridge Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Washington

14 Page 14 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (6-0-1; Williams/Johnson; Ellis abstained; Small, Van Laethem excused) 1. The subject conditional use permit approval shall be limited to a Concrete and Material Crushing Facility, which is an operation that uses machinery to crush or alter the physical state of concrete, brick or similar material as determined appropriate by the Director of Development and Permits or designee. This use permit does not allow the recycling and processing of any other materials, except for metals that are incidental to the permissible materials brought to the site. 2. The subject conditional use permit approval shall be limited to that portion of Tax Parcel # east of the existing railroad tracks, as shown on the preliminary site plan date stamped March 18, 2015, on file with the Planning Department. 3. A watering truck or similar equipment shall be on site at all times during operation of the concrete and material crushing machinery. The applicant shall water the site on an as needed basis to control dust and other air borne particulate matter to the greatest extent possible. 4. The applicant shall complete the entrance improvements to the northern entrance as shown on the Site Construction Plan for Calcagni Waterfront AC# approved on June 21, 2013, prior to issuance of the Certificate of Occupancy. A final site construction plan shall be required to indicate current survey and entrance conditions. 5. The applicant shall obtain all required federal, state and local permits prior to the issuance of a Certificate of Occupancy. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Proponent: Wayne McCoy, 1517 Mirassou Lane, Virginia Beach, Virginia, appeared before the Commission on behalf of UP representing the applicant.

15 Page 15 Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of Commissioner Ellis abstained and Commissioners Small and Van Laethem were excused. REGULAR AGENDA: Commissioner Williams moved that TA-Z be heard out of order due to the large number of speakers. Commissioner Johnson seconded the emotion. The motion was carried by a vote of 6-1. Commissioner Morris voted against the motion and Commissioners Small and Van Laethem were excused. TA-Z An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 3, Section 3-403; Article 6, Sections and ; and Article 14, Sections and adding Section thereof, to add a permitted use for beekeeping and beehive construction, placement, and maintenance in certain residential districts, subject to certain conditions. (Continued from the February 11, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: CONTINUED to the May 13, 2015 Planning Commission public hearing. (6-1; Morris/Ellis; Perry opposed; Small, Van Laethem excused) Mrs. Hanson read TA-Z into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that since the distribution of the staff report, two alternative ordinances had been proposed for the Planning Commission s consideration. To allow for additional time to discuss the alternatives with the Planning Commission Committee for Zoning and Subdivision Ordinance matter and the stakeholders, staff requested that TA-Z be CONTINUED to the May 13, 2015 Public Hearing. Commissioner Morris moved that TA-Z be CONTINUED to the May 13, 2015 as listed in the updated staff report. Commissioner Ellis seconded the motion. The motion was carried by a vote of 6-1. Commissioner Perry voted against the motion and Commissioners Small and Van Laethem were excused.

16 Page 16 UP PROJECT: Ballentine Road Borrow Pit APPLICANT: E.V. Williams Construction Company AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit for the excavation of a borrow pit on a 160± acre portion of a site totaling 318.7± acres. ZONE: A-1, Agricultural District LOCATION: 128 Ballentine Road, the portion located on the south side of Ballentine Road TAX MAP SECTION/PARCEL: portion of BOROUGH: Butts Road (Continued from the March 11, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: CONTINUED to the July 8, 2015 Planning Commission public hearing. (7-0; Williams/Johnson; Small, Van Laethem excused) Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mr. Griffin stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Proponent: James R. Bradford, Hassell & Folkes, PC, 325 Volvo Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of UP representing the applicant. Opponent: John Tholander, 2740 Battlefield Boulevard South, Chesapeake, Virginia, appeared before the Commission in opposition to UP representing himself. Mr. Bradford stated that his applicant would like to request a 90 day continuance to discuss with staff, in more detail, stipulation #11 which dealt with protecting the environment. Commissioner Williams moved that UP be CONTINUED to July 8, 2015 as requested by the agent. Commissioner Johnson seconded the motion. The motion was carried a vote of 7-0. Commissioners Small and Van Laethem were excused.

17 Page 17 UP PROJECT: Greenbrier Square Pylon Sign APPLICANT: Blanchard & Calhoun Commercial PROPOSAL: A conditional use permit to construct an outdoor advertising sign 65 feet in height to exceed the maximum outdoor advertising sign height of 35 feet. ZONE: B-3, Highway Business District LOCATION: 565 Sentinel Drive TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued from the March 11, 2015 Public Hearing. This item was approved for concurrent advertising and will be heard by City Council on April 21, 2015) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be DENIED as a Motion to Approve failed. (2-5; Morris/Ellis; Perry, Williams, Kish, Johnson, Hutchinson opposed; Small, Van Laethem excused) Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mr. Howlett stated that based on sound planning practices, Planning staff recommended that UP be APPROVED with the stipulations as listed in the official agenda. Proponent: Matt Mills, Applicant, 2743 Perimeter Parkway, Augusta, Georgia, appeared before the Commission on behalf of UP representing Greenbrier Square Pylon Sign. COMMISSION DISCUSSION: Chairman Kish was not opposed to the application but stated that he believed the pylon sign was required because the architect that designed the site for the applicant was not fully implementing the quality of life concepts voiced by the citizens. He quoted several paragraphs from the Comprehensive Plan 2035 and said the citizens of Chesapeake reviewed this Plan for a year, and that they wanted the City to live by the Plan. He said the concepts regarding the character of our citizens wished to encourage for development were approved as part of the Moving Forward Chesapeake 2035 Plan. He felt the sign was well above the tree line and was predominant in size. Commissioner Williams also was not opposed to the application but said the sign design had changed from what the Commissioners had reviewed, which had no gas prices posted. He believed this was a piece meal application whereby the sign came first and applications

18 Page 18 for the gas pumps and drive-thru pharmacy would come at a later date. He felt that all applications should have been reviewed at the same time. He stated that perhaps the sign could be placed on top of one of the buildings. Commissioner Morris moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Ellis seconded the motion. The motion failed by a vote of 2-5. Commissioners Williams, Perry, Hutchinson, Johnson, and Kish voted against the motion. Commissioners Small and Van Laethem were excused. Therefore, Planning Commission recommends that UP be DENIED as a Motion to Approve failed. R(C) PROJECT: 1137 Battlefield Boulevard, North APPLICANT: David and Janet Swinehart PROPOSAL: A conditional zoning reclassification of approximately 0.33± acres from R-15s, Residential District to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Office EXISTING COMP LAND USE / DENSITY: Office LOCATION: 1137 Battlefield Boulevard, North TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (7-0; Morris/Hutchinson; Small, Van Laethem excused) 1. The applicant/owner agrees that the existing driveway apron shall be removed and that the proposed drive aisle and parking on the subject property shall be constructed as shown on the rezoning exhibit date stamped February 9, 2015, on file with the Planning Department. Said construction shall be subject to the review and approval of the Director of Development and Permits or designee and completed prior to the issuance of a Certificate of Occupancy. 2. The applicant/owner shall record an ingress/egress easement, on a form acceptable to the City Attorney, across the rear of the subject property to the property line of adjacent abutting parcels as shown on the rezoning exhibit date stamped February 9, 2015, on file with the Planning Department prior to final site plan approval. Said ingress/egress easement shall be consistent with the Access Plan approved by City Council on January 20, 2004, with application, R(C)-

19 Page , Halyard & Associates, as determined by the Director of Development and Permits or designee. 3. The applicant/owner shall record a non-ingress/egress easement along the subject property s entire parcel frontage with Battlefield Boulevard, on a form acceptable to the City Attorney, prior to final site plan approval. 4. The applicant/owner agrees to limit the use of the subject property to office uses, only. 5. The applicant/owner agrees that the exterior of the existing building on the subject property shall retain a residential character as determined by the Director of Planning or designee. The applicant/owner also agrees that any modifications to the existing building or any newly constructed building shall contain architectural features consistent with a residential structure as determined by the Planning Director or designee. 6. The applicant/owner agrees to limit total signage on the subject property to no more than one freestanding, monument-style sign that is no more than thirty-six square feet in area. 7. A conceptual site plan prepared by Horton & Dodd, PC and entitled Exhibit to Accompany Rezoning Exhibit for 1137 Battlefield Boulevard, North, date stamped February 9, 2015, 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 any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. Mrs. Hanson read R(C) into the record for Commission review and action.

20 Page 20 Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended that R(C) be APPROVED with the proffers as listed in the official agenda. Proponent: David Swinehart, 1137 Battlefield Boulevard North, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing himself. Janet Swinehart, 1137 Battlefield Boulevard North, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing herself. Opponent: Lee S. Halyard, 1133 Battlefield Boulevard North, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing himself. The citizen who spoke in opposition was concerned about when construction began, he would like to see a dedicated construction entrance into the property. He also stated that he had to install a row of trees, shrubs, and bushes along the northern border of the property when he came before the Board, a few years back. He was forced to put in an easement across the front and said he did not want the burden of removing the trees, shrubs, and bushes that the city mandated eleven years ago. He also had to install a BMP on his property. The ingress/egress easement, that he was forced to put in last year, was not for utilities. He said that parking was also a concern and he wished that a stipulation would be put in place stating that no employees would be parking in the overflow parking area. COMMISSION DISCUSSION: Chairman Kish had three questions for the applicant; (1) how would parking be handled for his business; (2) how would storm water management be handled; and (3) how would the shrubs that were planted along the border of the property be handled. The applicant said he had a site plan that reflected 11 parking spaces for his customers and that the lot was on his property. He stated, concerning the storm water management issue, that he had no intention of using his neighbor s BMP and that once his property was rezoned he would make his own drainage system. The applicant also stated he would remove the shrubs that needed to be removed, if given the access, and would do so at his expense. Chairman Kish asked the Director of Development & Permits if the applicant would be responsible for managing storm water on his own property and not be allowed to tie into a neighbors system. The Director said that each site would have to develop their own storm water management plan and that they would have to honor the existing drainage the way it currently flows.

21 Page 21 Commissioner Morris moved that R(C) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Van Laethem were excused. R(C) PROJECT: The Arlington at Knell s Ridge APPLICANT: Arlington Properties of Virginia, Inc. AGENCY: Poole Mahoney PC PROPOSAL: A conditional zoning reclassification of 13.1± acres from B-2, General Business District, to R-MF-1, Multifamily Residential District, for construction of 195 residential apartment units. PROPOSED COMP LAND USE / DENSITY: High Density Residential with 15 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: , BOROUGH: Washington (Continued from the March 11, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (4-3; Williams/Perry; Kish, Morris, Hutchinson opposed; Small, Van Laethem excused) 1. The applicant/owner agrees that the proposed development shall contain no more than 195 multi-family residential (apartment) units. 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,000 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 (apartment) dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contributions 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

22 Page 22 Section 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; Transportation $727; Libraries $351; Emergency Services $ The applicant/owner agrees to dedicate by deed the ultimate right of way width of 160 feet on Battlefield Boulevard and the ultimate right of way width of 120 feet on Oak Grove Road on the property subject to this rezoning. Said dedication shall be at no cost to the City. The alignment of the dedication shall be subject to review and approval by the Director of Development and Permits, or designee. The right of way dedication shall be completed before the approval of a final site plan for the subject property. At any time prior to the approval of the final site plan for the property, the right of way dedication shall be completed at no cost to the City by municipal acquisition plat within 60 days of receipt of a written request by the Director of Development and Permits or designee. 4. A conceptual site plan prepared by Charlan Brock & Associates, Inc. date stamped November 10, 2014 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 and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. 5. The applicant/owner agrees that all residential buildings shall be substantially similar to the architectural elevations prepared by Charlan Brock & Associates dated February 13, 2015 as determined by the Planning Director or designee. Mrs. Hanson read R(C) into the record for Commission review and action.

23 Page 23 Staff Presentation: Mr. Griffin stated that based on sound planning practices, Planning staff recommended that R(C) be DENIED as listed in the official agenda. Proponent: Grady Palmer, Poole Mahoney PC, 1403 Greenbrier Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Bill Blankenship, Atlantic Land & Development Company, LLC, 321 Great Bridge Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Bob Thornton, Thalhimer/Cushman & Wakefield, 222 Central Park Avenue, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C) representing the applicant. Opponent: Donna Midgette, 417 Medical Parkway, Chesapeake, Virginia, appeared before the Commission in opposition to R(C) representing herself. The citizen who spoke in opposition was not necessarily opposed to the project but rather to the builder. She had a civil matter, years ago, concerning the builder taking her driveway during another project and did not feel he needed to be rewarded with this project. COMMISSION DISCUSSION: Commissioner Ellis asked the Agent what the Level Of Service Policy was concerning the school numbers. The Agent said that the Policy was recently amended by City Council and that apartments were the lowest student generators. He stated that the School Administration reported that the additional children coming from this project could be handled. Commissioner Williams asked the Agent what would be the time line for construction and how long would it take to fill the apartment complex. The Agent said it would probably be six to eight months for the site design and plan approval process and another two years for completion. Commissioner Williams moved that R(C) be APPROVED with the proffers as listed in the staff report. Commissioner Perry seconded the motion. The motion was carried by a vote of 4-3. Commissioners Kish, Morris, and Hutchinson voted against the motion. Commissioners Small and Van Laethem were excused.

24 Page 24 UP PROJECT: The Arlington at Knell s Ridge APPLICANT: Arlington Properties of Virginia, Inc. AGENCY: Poole Mahoney PC PROPOSAL: A conditional use permit to allow a private drive on residentially zoned property to serve commercially zoned property in accordance with Section B(1) of the Zoning Ordinance and to allow for a maximum building height of 60 feet in accordance with Section (B) of the Zoning Ordinance. ZONE: B-2, General Business District (Proposed R-MF-1, Multifamily Residential District in R(C)-14-23) LOCATION: 843 Battlefield Boulevard, North TAX MAP SECTION/PARCELS: , BOROUGH: Washington (Continued from the March 11, 2015 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulation: (4-3; Williams/Perry; Kish, Morris, Hutchinson opposed; Small, Van Laethem excused) The applicant/owner agrees that the maximum height of all structures on the subject property shall be 60 feet. Mrs. Hanson read UP into the record for Commission review and action. Staff Presentation: Mr. Griffin stated that based on sound planning practices, Planning staff recommended that UP be DENIED as listed in the official agenda. Proponent: Grady Palmer, Poole Mahoney PC, 1403 Greenbrier Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of UP representing the applicant. Bill Blankenship, Atlantic Land & Development Company, LLC, 321 Great Bridge Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of UP representing the applicant. Bob Thornton, Thalhimer/Cushman & Wakefield, 222 Central Park Avenue, Virginia Beach, Virginia, appeared before the Commission on behalf of UP representing the applicant.

25 Page 25 Opponent: Donna Midgette, 417 Medical Parkway, Chesapeake, Virginia, appeared before the Commission in opposition to UP representing herself. The citizen who spoke in opposition was not necessarily opposed to the project but rather to the builder. She had a civil matter, years ago, concerning the builder taking her driveway during another project and did not feel he needed to be rewarded with this project. COMMISSION DISCUSSION: Commissioner Ellis asked the Agent what the Level Of Service Policy was concerning the school numbers. The Agent said that the Policy was recently amended by City Council and that apartments were the lowest student generators. He stated that the School Administration reported that the additional children coming from this project could be handled. Commissioner Williams asked the Agent what would be the time line for construction and how long would it take to fill the apartment complex. The Agent said it would probably be six to eight months for the site design and plan approval process and another two years for completion. Commissioner Williams moved that UP be APPROVED with the stipulation as listed in the staff report. Commissioner Perry seconded the motion. The motion was carried by a vote of 4-3. Commissioners Kish, Morris, and Hutchinson voted against the motion. Commissioners Small and Van Laethem were excused. R(C) PROJECT: The Crossings at Oakbrooke APPLICANT: Chesapeake ILAL Investors, LLC AGENCY: Poole Mahoney PC PROPOSAL: A conditional zoning reclassification of 8.3± acres from R-15s, Residential District (4± acres) and A-1, Agricultural District (4.3± acres) to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Institutional (Group Care and Group Housing) with approximately 22 dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Office/Research LOCATION: 418 Clearfield Avenue TAX MAP SECTION/PARCEL: portion of BOROUGH: Washington (Continued from the March 11, 2015 Public Hearing. This item was approved for concurrent advertising and will be heard by City Council on April 21, 2015)

26 Page 26 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C) be APPROVED with the following proffers: (7-0; Williams/Ellis; Small, Van Laethem excused) 1. The applicant/owner agrees that the property subject to this rezoning, R(C)-14-30, (the Property ) will be used exclusively for Group Housing for the Elderly (as defined in the Chesapeake Zoning Ordinance) and a Group Care Facility (as defined in the Chesapeake Zoning Ordinance) and associated accessory uses and buildings. The Group Care Facility will be limited to individuals aged 55 and older and individuals suffering from Alzheimer s disease. The subject property shall be developed in a manner that is generally consistent with the rezoning exhibit dated March 25, 2015, as determined by the Director of Planning or designee. The applicant/owner further agrees that the maximum number of units for Group Housing for the Elderly shall be one hundred (100) and the maximum number of units for the Group Care Facility shall be eighty five (85). 2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for Capital Improvements to public transportation facilities, public libraries, and public emergency service facilities for the portion of the project that represents Group Housing for the Elderly. The amount of the voluntary cash contribution shall be $993 per unit of Group Housing for the Elderly (a maximum of 100 units). The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each unit, or building containing units of Group Housing for the Elderly. The applicant/owner acknowledges and agrees that the cash contributions may be deposited into the City of Chesapeake s Lock Box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section 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: Emergency Services $ The applicant/owner agrees that the principal building on the Property shall be generally consistent with the building elevations entitled The Crossings at Chesapeake prepared by Gaylen Howard Laing Architect, date stamped March 25, 2015 on file with the Chesapeake Planning Department as determined by the Planning Director or designee.