Chesapeake Virginia Via January TO Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council

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1 Chesapeake IRGINIA Office of the City Attorney 306 Cedar Road Chesapeake Virginia Via Fax January TO Mayor Krasnoff Vice Mayor de Triquet and Members of the City Council Re Conditional Use Permit for Coastal Door Supply UP1430 The conditional use permit application for Coastal Door Supply Inc UP 1430 was continued to January in order to discuss with the landowner Kenneth P Kurtz a newly proposed stipulation that would expressly limit the use of the property On January a meeting was held with Mr Kurtz and staff members Jay Tate Director of Development and Permits Karen Shaffer Assistant Director of Planning Tim Howlett Current Planning Administrator Mark Hobbs Senior Planner Catherine Lindley Assistant City Attorney and Jan Proctor City Attorney The proposed new stipulation was read into the record at the January 20 public hearing as follows The use ofthe property shall be limited to wholesale storage and distribution The intent of the new stipulation as explained by Mr Tate was to ensure that proper building and fire code regulations are applied to the property During today s discussion with Mr Kurtz however it became apparent that the stipulation is not needed because the building and fire codes will be applied on the basis of the uses prescribed by the conditional use permitie the wholesale storage and distribution of exterior doors and related hardware Thus the adoption of the additional stipulation is not necessary Other aspects of the development were discussed including the potential relocation of a ditch along Maxwell Street and the requirements of the Fentress Airfield Overlay Mr Kurtz seemed very knowledgeable about what may be required in the final site plan process He also asked about grandfathering to which we responded that because the use was not commenced lawfully it cannot qualify as a lawfully nonconforming use The City of Chesapeake adheres to the principles of equal employment opportunity This policy extends to all programs and services supported by the City

2 Accordingly the Planning Department s recommendation for approval with stipulations and alternative parking surface remains unchanged for the January 27 public hearing Please advise if you have any questions or concerns Very truly yours Jan L Proctor City Attorney JLP hvm cc James E Baker City Manager Dolores Moore City Clerk Jay B Tate Director Development and Permits Jaleh M Shea Director Planning Department

3 C esapeake VIRGINIA City of Chesapeake Office of the City Attorney 306 Cedar Road Chesapeake Virginia Fax January TO Mayor Krasnoff ViceMayor de Triquet and Members of the City Council Re UP1430 COASTAL DOOR SUPPLY Coastal Door Supply Inc has applied for a conditional use permit to allow the wholesale storage and distribution of exterior doors and related hardware with an alternative parking surface This matter was heard by City Council on January and was continued until January to allow the City Attorney and City Staff to meet with Kenneth Kurtz President of Coastal Door Supply to discuss the following additional stipulation which was read into the record at the January City Council meeting The use of the property shall be limited to wholesale storage and distribution I have scheduled the meeting with Mr Kurtz for Friday January at900am I will send an update to City Council after our meeting Please advise if I may be of further assistance in this regard Very truly yo Jan L Proctor City Attorney cn JLP hvm cc James E Baker City Manager Dolores Moore City Clerk Jaleh Shea Director Planning Department Anna D Antonio Assistant to the City Manager The City of Chesapeake adheres to the principles of equal employment opportunity This policy extends to all programs and services supported by the City

4 Docket Item "A" UP Coastal Door Supply CITY COUNCIL PACKAGE FOR JANUARY 27, 2015 Page 1 2 Application Summary 3 Planning Commission Draft Minutes 4 12 Staff Report: December 1, Site Plan 14 Aerial 15 GIS Parcel Exhibit

5 UP APPLICATION SUMMARY Coastal Door Supply 1 LOCATION: PROPOSAL: 400 Maxwell Street, Southwest corner of Mount Pleasant Road and Maxwell Street A conditional use permit to allow the wholesale storage and distribution of exterior doors and related hardware with an alternative parking surface. SUBMITTED: ACCEPTED: STAFF RECOMMENDATION Approval with stipulations HEARING DATE: PLANNING COMMISSION RECOMMENDATION: APPROVAL with stipulations VOTE: 8-0 CITY COUNCIL HEARING DATE: ACTION: CONTINUED to January 27, 2015 VOTE: 8-0 ATTACHMENTS Draft Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

6 2 UP APPLICATION SUMMARY Coastal Door Supply APPLICANT: Coastal Door Supply, Inc. Attn: Kenneth Kurtz 430 Maxwell Street Chesapeake, VA Officers: Kenneth Kurtz, President Jeffrey R. Bailey, Vice President Ruth A. Kurtz, Treasurer Janine Bailey, Secretary OWNER: Kenneth P. Kurtz 430 Maxwell Street Chesapeake, VA

7 Chesapeake Planning Commission DRAFT December 10, 2014 Public Hearing Minutes 3 UP PROJECT: Coastal Door Supply APPLICANT: Coastal Door Supply, Inc. PROPOSAL: A conditional use permit to allow the wholesale storage and distribution of exterior doors and related hardware with an alternative parking surface. ZONE: R-15s, Residential District and A-1, Agricultural District LOCATION: 400 Maxwell Street, Southwest corner of Mount Pleasant Road and Maxwell Street TAX MAP SECTION/PARCEL: BOROUGH: Butts Road PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP be APPROVED with the following stipulations: (8-0; Williams/Bell, Small excused) 1. The applicant/owner shall comply with the minimum development standards in Section of the City Zoning Ordinance including, but not limited to, requirements relating to sound attenuation, enhanced buffering and lighting prior to the issuance of a Certificate of Occupancy. 2. The applicant/owner shall include a disclosure note on the Final Site Plan as required by Section of City Zoning Ordinance. 3. The applicant/owner shall plant evergreen plant material, between the parking area and the adjacent public right of way as shown on the Preliminary Site Plan, date stamped September 8, Plants shall be a minimum 6-8 in height at time of installation and reach a minimum height at maturity of 20, planted on 20 centers. All plants shall be installed prior to the issuance of a Certificate of Occupancy. 4. Only those building areas denoted as hatched on the Preliminary Site Plan, date stamped September 8, 2014, shall be occupied by uses associated with UP 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. COMMISSION VOTE: Commissioner Williams moved that UP be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 8-0. Commissioner Small was excused.

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19 15 Coastal Door Supply UP APPLICANT: Coastal Door Supply, Inc. PROPOSAL: A conditional use permit to allow the wholesale storage and distribution of exterior doors and related hardware with an alternative parking surface. ZONE: R-15s, Residential District and A-1, Agricultural District LOCATION: 400 Maxwell Street, Southwest corner of Mount Pleasant Road and Maxwell Street TAX MAP SECTION/PARCEL: BOROUGH: Butts Road