Chesapeake Planning Commission PUBLIC HEARING MINUTES February 14, 2018 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 PUBLIC HEARING MINUTES February 14, 2018 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Perry called the Public Hearing of February 14, 2018, to order at 7:00 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Steiner led in the Pledge of Allegiance to the United States Flag. Invocation: Commissioner Sweeney offered the Invocation for the evening. Roll Call: Present Adam Perry, Chairman Hollis Ellis, Vice Chairman John McCormick, Secretary Shelley Deneau, Commissioner Joshua Gerloff, Commissioner Harold Gilbert, Commissioner Marc Steiner, Commissioner Michael Sweeney, Commissioner Excused Marty Williams, Commissioner Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Recording Secretary and Assistant Planning Director Jennifer Joseph, Assistant to the Recording Secretary and Office Coordinator Timothy Howlett, Planning Administrator Hoa Dao, Senior Planner Mark Hobbs, Senior Planner Bill McKay, Senior Planner Benjamin Camras, Senior Planner City Attorney Staff Present Jan Proctor, City Attorney Department of Development and Permits Present Jay Tate, PE, Development and Permits Director Department of Public Utilities Staff Present Ed West, Engineer

2 Page 2 APPROVAL OF MINUTES: Chairman Perry presented the January 10, 2018 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the January 10, 2018 Public Hearing were APPROVED by unanimous consent.

3 ITEMS FOR CONTINUANCE OR WITHDRAWAL: Page 3 1. PLN-REZ PROJECT: New Beginnings Christian Church Rezoning APPLICANT: YMCA of South Hampton Roads AGENCY: Horton & Dodd, P.C. PROPOSAL: A conditional zoning reclassification of approximately 15 acres from AC, Assembly Center District, to A-1, Agricultural District. PROPOSED COMP LAND USE / DENSITY: Recreation & Church EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: East side of Battlefield Boulevard, approximately 1090 feet south of Hillwell Road TAX MAP SECTION/PARCEL: portion of BOROUGH: Pleasant Grove (Continued 30 days from the January 10, 2018 Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2018 Public Hearing. (8-0; Steiner/Gilbert, Williams excused) Ms. Shea stated that the applicant had requested a 30 day continuation to the March 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Steiner moved that PLN-REZ be CONTINUED to the March 14, 2018 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused. 2. PLN-USE PROJECT: New Beginnings Christian Church APPLICANT: New Beginnings Christian Church AGENCY: Horton & Dodd, P.C. PROPOSAL: A conditional use permit to construct a church. ZONE: A-1, Agricultural District (proposed) LOCATION: East side of Battlefield Boulevard, approximately 1090 feet south of Hillwell Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued 30 days from the January 10, 2018 Public Hearing)

4 Page 4 PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2018 Public Hearing. (8-0; Steiner/Gilbert, Williams excused) Ms. Shea stated that the applicant had requested a 30 day continuation to the March 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Steiner moved that PLN-USE be CONTINUED to the March 14, 2018 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused. 3. PLN-USE PROJECT: YMCA-Day Camp APPLICANT: YMCA of South Hampton Roads AGENCY: Horton & Dodd, P.C. PROPOSAL: A conditional use permit to operate a Day Camp with an alternative parking surface. ZONE: A-1, Agricultural District (proposed) LOCATION: East side of Battlefield Boulevard, approximately 1090 feet south of Hillwell Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued 30 days from the January 10, 2018 Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2018 Public Hearing. (8-0; Steiner/Gilbert, Williams excused) Ms. Shea stated that the applicant had requested a 30 day continuation to the March 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Steiner moved that PLN-USE be CONTINUED to the March 14, 2018 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused.

5 Page 5 4. PLN-USE PROJECT: YMCA Day Camp Access APPLICANT: YMCA of South Hampton Roads AGENCY: Horton & Dodd, P.C. PROPOSAL: A conditional use permit to allow private access through AC, Assembly Center District to A-1, Agricultural District for a Day Camp. ZONE: A-1, Agricultural District (proposed) LOCATION: East side of Battlefield Boulevard, approximately 1090 feet south of Hillwell Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued 30 days from the January 10, 2018 Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2018 Public Hearing. (8-0; Steiner/Gilbert, Williams excused) Ms. Shea stated that the applicant had requested a 30 day continuation to the March 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Steiner moved that PLN-USE be CONTINUED to the March 14, 2018 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused. 5. PLN-REZ PROJECT: 2333 Cedar Road APPLICANT: Murray Homes, Inc. AGENCY: Atlantic Land Development PROPOSAL: A conditional zoning reclassification of approximately 3.3 acres from AC, Assembly Center District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 2333 Cedar Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Continued 30 days from the January 10, 2018 Public Hearing)

6 Page 6 PLANNING COMMISSION RECOMMENDATION: WITHDRAWN by applicant; no further action is necessary. Ms. Shea stated the application had requested the application be withdrawn and no action was necessary. No further action is necessary; application withdrawn.

7 Page 7 CONSENT AGENDA: 6. PLN-REZ PROJECT: New Mill Creek Conservation APPLICANT: Thomas Tye PROPOSAL: A conventional zoning reclassification of approximately acres from M-1, Light Industrial District to C-1, Conservation District to create a tidal wetlands mitigation bank. PROPOSED COMP LAND USE / DENSITY: Conservation EXISTING COMP LAND USE / DENSITY: Suburban Mixed Use with less than 10 dwelling units per acre LOCATION: 174 Sampson Creek Road. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (This item was approved for concurrent advertising and will be heard by City Council on February 20, 2018) PLANNING COMMISSION RECOMMENDATION: APPROVAL: (8-0; McCormick/Deneau, Williams excused) Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-REZ be APPROVED with the proffers as listed in the official agenda. Proponent: Thomas Tye, 6062 Indian River Road, #104, Chesapeake, Virginia, applicant and will standby for questions. Secretary McCormick moved that PLN-REZ be APPROVED. Commissioner Deneau seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused.

8 Page 8 7. PLN-USE PROJECT: Elkhart Adult Care APPLICANT: Travis Johnson OWNER: Tymar, LLC PROPOSAL: A conditional use permit to allow group housing for the elderly on a 0.56 acre parcel. ZONE: O&I, Office and Institutional District LOCATION: 2610 Elkhart Street TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; McCormick/Deneau, Williams excused) 1. The applicant/owner shall meet with the City s Landscape Coordinator on-site to enable the Landscape Coordinator to determine if any additional landscaping is required by the Zoning Ordinance. If the Landscape Coordinator determines that additional landscaping is required, the owner/applicant shall submit a Landscape Plan which shall be subject to the review and approval of the Landscape Coordinator. Any required plantings shall be installed prior to the issuance of a Certificate of Occupancy. 2. The applicant/owner shall submit a plat vacating all interior lot lines to the Planning Department in accordance with Chapter 70 City Code. Such plat shall be subject to the review and approval of the Director of Planning or designee and shall be recorded in the land records of the City of Chesapeake s Clerk of Circuit Court prior to the issuance of a Certificate of Occupancy. 3. The applicant/owner shall install and maintain adequate screening to minimize glare from stationary and vehicular lights in the parking areas on-site. Such screening shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the Certificate of Occupancy. 4. The applicant/owner shall provide evidence and receive a written determination from the Zoning Administrator concluding that the nonconforming setbacks existing on the property are lawfully nonconforming prior to the issuance of a Certificate of Occupancy.

9 Page 9 5. The applicant/owner shall install a backflow preventer on all domestic systems, subject to the review and approval of the Director of Public Utilities or designee, prior to the issuance of a Certificate of Occupancy. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on findings contained in the staff report, planning staff recommended that PLN-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Travis Johnson, Tymar, LLC, 129 Hanbury Road W, Suite 202, Chesapeake, Virginia, applicant and will standby for questions. Secretary McCormick moved that PLN-USE be APPROVED as recommended by staff. Commissioner Deneau seconded the motion. The motion was carried by a vote of 8 0. Commissioner Williams excused. 8. PLN-USE PROJECT: SouthSide RV Center APPLICANT: Recreation Custom RV Rebuilders Inc. dba SouthSide RV Center PROPOSAL: A conditional use permit to allow a RV Dealership with service, storage and parts sales on a 2.93 acre parcel and approval of an alternative parking surface. ZONE: M-1, Light Industrial District LOCATION: 1828 South Military Highway TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: APPROVAL including an alternative parking surface (8-0; McCormick/Deneau, Williams excused) Mrs. Shaffer read PLN-USE into the record for Commission review and action.

10 Page 10 Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE be APPROVED. Proponent: Sharlene Murden, SouthSide RV Center, 1828 S Military Highway, Chesapeake, Virginia, applicant and will standby for questions. Lou Murden, SouthSide RV Center, 1828 S Military Highway, Chesapeake, Virginia, applicant and will standby for questions. Secretary McCormick moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Deneau seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused.

11 Page 11 REGULAR AGENDA: 9. PLN-TXT An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 13, Section , to require that group housing for the elderly facilities in the Office and Institutional District consist of assisted living and/or independent living components, to define assisted living and independent living, and to require a preliminary site plan with certain requirements be submitted as part of a conditional use permit application for a group housing for the elderly facility in the Office and Institutional District. (Continued 60 days from the December 13, 2017 Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL OF February 7, excused) (8-0; Sweeney/Gerloff, Williams Mrs. Shaffer read PLN-TXT into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-TXT version dated February 7, 2018 be APPROVED. Commissioner Sweeney moved that PLN-TXT version dated February 7, 2018 be APPROVED as recommended by staff. Commissioner Gerloff seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused.

12 Page PLN-USE PROJECT: Medlin Dog Grooming APPLICANT: Amanda C. Medlin OWNER: Timothy A. Medlin PROPOSAL: A conditional use permit for a private residential dog kennel; and, a Level II Home Occupation to operate a dog grooming business. ZONE: R-15s, Residential District LOCATION: 1145 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: DENIAL. (8-0; Gerloff/McCormick, Williams excused) Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mr. Dao stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Timothy Medlin, 1145 Waters Road, Chesapeake, Virginia, owner. Mr. Medlin stated he received a license last year and was informed he needed a conditional use permit. He stated that all concerns by the City will be addressed. Amanda Medlin, Amanda s K9 Kuts, 1145 Waters Road, Chesapeake, Virginia, applicant and will standby for questions. Opponent: Robert Gajdek, 834 Jerryville Street, Chesapeake, Virginia, self. Mr. Gajdek opposes a home business in a residential area and does not support application. His concerns are noise and customers visiting the site. A Freedom of Information Act request filed revealed long standing issues since Mr. Gajdek provided a copy of the FOIA results to the Planning Commissioners. Steve Zeswitz, 827 Jerryville Street, Chesapeake, Virginia, self. Mr. Zeswitz opposes the application and is concerned with the kennel and the effects to the dogs in the area. He stated a need for a stipulation to require proof of vaccination and registration with the City.

13 Page 13 Teresa Knepper, 809 Orkney Court, Chesapeake, Virginia, self. Ms. Knepper opposes the application. She is unable to enjoy her backyard due to the noise from barking and dogs going over the fence. She is worried about outdoor pens, dogs being kept overnight and the property not being maintained. Tom Krotzer, 833 Jerryville Street, Chesapeake, Virginia, self. Mr. Krotzer lives on the adjacent property. His concerns are the low fence, noise pollution from the amount of dogs, possible odors during warmer months, and children s safety if the dogs get loose. Lee Halyard, 831 Jerryville Street, Chesapeake, Virginia, self. Mr. Halyard owns the house the previous speaker rents. Due to many rezonings in the area, the area is more residential and they are opposed to the application due to the negative impact of property values. If the application is approved, his tenants will not renew their lease. Sean Marable, 826 Jerryville Street, Chesapeake, Virginia, self. Mr. Marable opposes the application and is concerned with the multiple businesses on the property, late night parties, fires, and the amount of dogs on the property causing a disturbance to the neighborhood after dark. There are many inconsistencies with the application to include what is on the company s website/facebook page. There are also inconsistencies with what the applicant is saying and is concerned about the business impacts in the residential area. COMMISSION DISCUSSION: Commissioner Deneau asked Mrs. Medlin why the hours posted on Facebook are different from the hours listed in the application. Mrs. Medline stated that she will shut down the Facebook page since they will be relocating in a couple months. Commissioner Gerloff clarified that the kennel is no longer a part of the application and the Planning Commission is only considering the dog grooming operation. He worked with staff to revise stipulations, but after hearing speaker comments, he moved denial based on the use being incompatible with the residential neighborhood. Secretary McCormick seconded the motion and explained that a Level II home business are meant to be an exception only if the business does not interfere with the neighborhood. This application does not meet the high standards needed for a home occupation. The number of stipulations and storm water retention that are needed illustrates that this use is not a good fit. Commissioner Gerloff moved that PLN-USE be DENIED. Secretary McCormick seconded the motion. The motion was carried by a vote of 8-0. Commissioner Williams excused.

14 Page PLN-USE PROJECT: Dunston Day Care APPLICANT: Richard & Eartherdell Dunston PROPOSAL: A conditional use permit to operate a child care facility as a Level II Home Occupation. ZONE: R-15s, Residential District LOCATION: 709 Waters Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; McCormick/Gilbert, Williams excused) 1. The applicants/owners agree that the child care facility shall not provide care for more than eight (8) children at any one time, including children that reside in the home. 2. The applicants/owners agree to operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and State law. 3. The applicants/owners agree that the child care facilities hours of operation shall be between 6:00 A.M. to 7:00 P.M., Monday through Friday. 4. The applicant/owner agrees that the home occupation shall not have any employees/volunteers not living in the home on the premises at any time. 5. This conditional use permit approval is limited to the applicant only. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE be APPROVED with the stipulations as listed in the official agenda.

15 Page 15 Proponent: Eartherdell Dunston, 709 Waters Road, Chesapeake, Virginia, applicant and will standby for questions. Secretary McCormick moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8 0. Commissioner Williams excused. 12. PLN-USESW PROJECT: Hampton Roads Material Recovery Facility APPLICANT: Waste Management of Virginia, Inc. AGENCY: Williams Mullen PROPOSAL: A conditional use permit to operate a solid waste management facility providing resource recovery, including requests for setback reductions. ZONE: M-1, Light Industrial District LOCATION: 3016 Yadkin Road TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the requested setback reductions and the following stipulations: (8-0; Ellis/Deneau, Williams excused) 1. The applicant/owner proposes to operate a solid waste management facility, the Hampton Roads Material Recovery Facility ( HRMRF ), on the property subject to this conditional use permit ( property ). The applicant/owner agrees that this conditional use permit shall be limited to : 1) commercial solid waste as defined in 9 VAC ; 2) waste from multifamily, condominium, and home owner association developments; 3) commercial and industrial recyclables; and 4) construction demolition debris (all of which shall hereinafter be referred to as materials ). No other solid waste management operations or facilities other than those shown on the preliminary site plan entitled, Hampton Roads Material Recovery Facility, date received January 19, 2018 shall be permitted on the property subject to this conditional use permit.

16 Page The applicant/owner agrees that no more than eight hundred (800) tons of material shall be collected and transported to the property each day. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 3. The applicant/owner agrees that the collection and sorting of all materials shall occur inside of the building identified as Proposed MRF on the preliminary site plan entitled, Hampton Roads Material Recovery Facility, date received January 19, The applicant/owner further agrees that there shall be no permanent storage or final disposal on site. Further, there shall be no outside storage of materials other than those materials that have been separated for recycling. Materials that have been separated for recycling may be stored overnight in the Proposed MRF building and/or in covered transfer trailers pending transportation to permitted offsite facilities. Any recycled materials stored in covered transfer trailers pending transportation may be temporarily stored on site for no more than fourteen (14) days. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 4. The applicant/owner agrees that the Proposed MRF building referenced above shall be constructed and maintained with a reinforced concrete floor with surface drains to direct leachate or other waste liquids to a public sewer service connection. Said drains shall be installed and be in compliance with all applicable City and HRSD regulations, as determined by the Directors of Public Works and Public Utilities or designee, prior to commencement of operations. 5. All waste materials accepted at the facility shall be limited to the following Virginia cities and counties: Norfolk, Chesapeake, Virginia Beach, Portsmouth, Suffolk, Isle of Wight and Southhampton. No out-of-state waste shall be accepted at the facility. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 6. The applicant/owner agrees that waste materials that cannot be recycled shall be disposed of at a lawful disposal facility. No waste shall be disposed of in the Northwest River Watershed Protection District, as amended from time to time by the

17 Page 17 Chesapeake City Council, or outside of Virginia. The applicant/owner agrees to maintain a daily record tracking compliance with this stipulation and that said record shall be immediately made available to the Zoning Administrator upon request. 7. Prior to final site plan approval, the applicant/owner agrees to submit an odor control plan that reflects best management practices. The odor control plan shall be subject to the review and approval of the Director of Public Works or designee and shall, at a minimum, include the installation of a deodorizing system that sprays and neutralizes odors in the Proposed MRF building. Said odor control plan shall be fully operational, as determined by the Director of Public Works or designee, prior to the issuance of a certificate of occupancy and such plan shall be maintained for the duration of the use. 8. Prior to final site plan approval, the applicant/owner agrees to submit a litter control plan detailing the procedure for the daily collection and removal of any onsite and offsite debris. Such litter control plan shall be subject to the review and approval of the Director of Public Works or designee, shall be implemented immediately upon commencement of operations and shall be followed for the duration of the use. 9. Prior to final site plan approval, the applicant/owner agrees to submit a vector control plan for daily site inspection and removal of vector attraction (e.g., standing water) to the Zoning Administrator and Health Department. The vector control plan shall be subject to the review and approval of the Zoning Administrator and the Health Department, shall be implemented immediately upon commencement of operations and shall be followed for the duration of the use. 10. Excepting incidental hazardous waste that is inadvertently placed in the waste stream, no hazardous waste shall be brought on site or processed at the HRMRF facility. Prior to final site plan approval, the applicant/owner shall submit a hazardous waste and incidental hazardous waste control plan which shall be subject to the review and approval of the Director of Public Works. Once approved, the plan shall be installed and be fully operational prior to the commencement of operations. For purposes of this stipulation, the following definitions shall apply: 1) hazardous waste shall include any waste that meets the definition of hazardous waste put forth in Chapter 62 of the Chesapeake City Code; and 2) incidental hazardous waste shall include hazardous waste that is accidentally or intentionally

18 Page 18 disposed of in the waste stream, as determined by the Director of Public Works or designee. 11. The applicant/owner shall obtain all local, state and federal permits required by this use, including but not limited to, all permits and approvals required by Chesapeake Bay Preservation Act ordinance and all DEQ Air and Waste Permits, required for operation of the facility. The applicant/owner shall then submit a signed, written declaration certifying their completion and compliance with this stipulation, along with copies of all required permits and approvals to the Zoning Administrator prior to the issuance of a certificate of occupancy. 12. The applicant/owner agrees that no motor truck of a rated capacity of one and one-half tons or over that is traveling to or departing from this solid waste management facility shall travel on, operate or otherwise use Galberry Road in the City of Chesapeake. Mrs. Shaffer read PLN-USESW into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings listed in the staff report, planning staff recommended that PLN-USESW be APPROVED with the stipulations as listed in the official agenda. Proponent: Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, representing the applicant. Mr. Palmer stated the application is compatible with the industrial area and there are no traffic issues based on the traffic analysis. Kyle Laclair, 9211 Arboretum Parkway, Richmond, Virginia, representing Geosyntel and will standby for questions. Mike Taylor, 6994 Columbia Gateway Drive, Columbia, Maryland representing waste management and will be available for questions. Gary Kelly, 3016 Yadkin Road, Chesapeake, Virginia, Virginia, representing Waste Management of Virginia Inc. and is available for questions. COMMISSION DISCUSSION: Commissioner Steiner asked Mr. Kelly about past performance within the current operation. Mr. Kelly stated that they have been inspected over the years and have not received any violations.

19 Page 19 Vice Chairman Ellis moved to approve the application to include setback reductions. Vice Chairman Ellis stated that the application is already a hauling facility in an industrial area and is compatible. Commissioner Deneau seconded the motion. Commissioner Deneau thanked the applicant for a tour and found the application compatible. Vice Chairman Ellis moved that PLN-USESW APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Deneau seconded the motion. The motion was carried by a vote of 8 0. Commissioner Williams excused. 13. PLN PROJECT: Atlantic Coast Pipeline APPLICANT: Atlantic Coast Pipeline, LLC PROPOSAL: Request for Comprehensive Plan consistency review for construction of new 20-inch lateral natural gas underground pipeline through a portion of Chesapeake to improve energy transmission and reliability in Hampton Roads. LOCATION: From west to east the proposed pipeline enters the City near U.S. 58 at the Hampton Roads Executive Airport and terminates near the junction of U.S. 13 and I-464. The proposed pipeline is 11 miles in length. A detailed map of the proposed alignment can be found on the project website, BOROUGH: Deep Creek, Washington PLANNING COMMISSION RECOMMENDATION: APPROVAL: (6-2; Sweeney/Ellis, Steiner and Gerloff opposed, Williams excused) Mrs. Shaffer read PLN into the record for Commission review and action. Staff Presentation: Mr. Camras stated that based on the findings listed in the staff report, planning staff recommended that PLN be APPROVED. Proponent: Robert Downing, 1216 Claytor Court, self. Mr. Downey stated he strongly supports the application. He stated that there is a need for better reliability for natural gas for economic growth and development for businesses and future residents.

20 Page 20 Steve Masterson, 2309 Battlefield Boulevard S, Chesapeake, Virginia, self. Mr. Masterson stated that he supports the application. As a professional plumber in the trade, natural gas is safe and the local union supports the Atlantic Coast Pipeline. Dean McClain, 500 E. Main Street, #700, Norfolk, Virginia, representing the Hampton Roads Chamber of Commerce Chesapeake Division. Mr. McClain supports the application and provided letters in support. Colin Olness, 707 E Main Street, Richmond, Virginia, representing ACP, LLC. Mr. Olness described the project and provided background information with the projected constructed area to begin in and is in accord with the Comprehensive Plan policies. Max Bartholomew, 2700 Cromwell Drive, Norfolk, Virginia representing Dominion Energy and Atlantic Coast Pipeline and will standby for questions. Opponent: Judy Hinton, 424 Shorebird Lane, Chesapeake, Virginia, self. Ms. Hinton stated that she is concerned with the health and safety of the area and the area is sinking at a rapid rate which will lead to leaks. Michael Manard, 1227 Cool Brook Trail, Chesapeake, Virginia, self. Mr. Manard opposes the project. He believes there is sufficient capacity in the current system and there is no reason provided to have it end at the terminal on Military Highway. He encourages the Planning Commission to follow City Council s approval of green energy/solar farm. Jane Price, 1227 Cool Brook Trail, Chesapeake, Virginia, self. Ms. Price is opposed to the application due to the damage it will cause on the ecosystem. Jeff Staples, 1453 Boxwood Drive, Chesapeake, Virginia, self. Mr. Staples is concerned with the waterway crossings and potential impacts to include sedimentation impacts on the waterways. He does not feel that economic benefits cited by the proponent will happen and that there are other options that will increase capacity. Blaizer Bloom, 308 Albert Avenue, Chesapeake, Virginia, self. Mr. Bloom stated that the future is to renewable energy, not non-renewable energy. He stated that a minor leak can cause harm to the environment and is concerned about safety. COMMISSION DISCUSSION: Commissioner Sweeney asked Mr. Olness to address safety and leaks concerns. Mr. Olness stated the leaks are due to corrosion. Pipelines are regulated by Department of Transportation, and each well is x-rayed and inspected regularly. Monitoring of the pipeline is highly regulated. There are automatic shutoff valves if failures are detected, 24 hours a day, 7 days a week. Commissioner Sweeney asked if the use of natural gas is going down. Mr. Olness stated it was addressed in the purposed and need section of the Federal Energy Regulatory Commission (FERC) application; 90% of the supply was already subscribed.

21 Page 21 Chairman Perry asked about purposeful sabotage. Mr. Olness stated that the pipeline will be monitored by air and by foot patrols. There is an automatic shutoff valve designed if intentional damage is done. Commissioner Steiner asked how they have protected the historic cultural areas. Mr. Olness responded that as part of Environment Impact Statement, several years of surveys of possible historic sites were studied and walked. Many locations have been avoided by rerouting. If rerouting is not possible, then the artifacts are recovered. There is also an undiscovered remains plan to address those sites that were not identified if discovered during the building process. Vice Chairman Ellis asked about the waterways impacts and if there would be any additional sedimentation impacts. Mr. Olness described three varieties of methods to control the area and does not anticipate any additional sedimentation impacts and will follow all soil erosion and management control ordinances and plans. Vice Chairman Ellis asked how this effects the phases in the other localities. Mr. Olness stated the construction start date would be moved. Regarding other municipalities, they are in a similar process in Norfolk, Portsmouth, and Suffolk which are coming to closure now. They have received the 404 permits environmental from the Army Corps of Engineers. Commissioner Deneau asked Mr. Olness to describe the depth of the pipeline. Mr. Olness stated it will be 40 feet below streambed for the water crossing, 3 feet underground in nonagriculture land and 4 feet down in agriculture land. Commissioner Steiner asked Mr. Camras about the number of properties impacted with this application. Mr. Camras stated that 88% of impacted properties are within existing utilities. Of the 22% not in the right-of-way, 50% of these have completed negotiations and the other 50% are still under negotiations. Commissioner Steiner asked City Attorney Jan Proctor to explain eminent domain. City Attorney Jane Proctor responded that this utility company does have the power of eminent domain which requires that the property owner be paid fair market value. Chairman Perry asked City Attorney Jan Proctor if there is a denial from Planning Commission and City Council, what happens to the project. Ms. Proctor stated that the project would not be able to construct in Chesapeake. Commissioner Gerloff asked Mr. Staples to complete his comments. Mr. Staples finished his statement regarding safety and explosions that have happened elsewhere. He spoke with an associate working on the Southside Connector project who told him that all pipelines leak. Commissioner Deneau asked what was the source when he that stated there is a decrease in demand. Mr. Staples responded that his source is a Federal agency that deals with natural gas. Commissioner Gerloff asked Mr. Olness how the route was determined. Mr. Olness stated that the routes were determined by point of delivery; however, existing electrical routes also determine the routes. The pipeline is 602 miles in length, and over 7000 miles were

22 Page 22 studied. The point of delivery must be the existing station on Military Highway. They needed to work around cultural resources and every shift requires additional study. They tried to avoid areas of residence as much as possible and 80% will be co-located in an existing power easement. Commissioner Gerloff observed that when the line is east of I-64, the route continues through a more residential area. Why was the pipeline not moved north near planned industrial areas? Mr. Olness responded that they must co-locate in existing utility corridors as much as possible per FERC requirements and if co-location is not possible, FERC requires justification. Commissioner Sweeney moved to approve the application since it will provide a great economic benefit to Chesapeake and community. The large investment being made by Atlantic Coast Pipeline indicates the need for the project. The Atlantic Coast Pipeline provides another resource for energy. Vice Chairman Ellis seconded the motion. Vice Chairman Ellis agreed that the line is needed so that during cold snaps, businesses can stay open. There is a place for all forms of energy. Commissioner Gerloff stated that he is supportive of the pipeline, but is hesitant. The application should be reviewed under all Comprehensive Plan policies, one of which is to advance technology, such as installing broadband at the same time as pipeline. He does not agree with the southern route and believes that it should be moved north in planned industrial areas. The application needs more time to study. Commissioner Gerloff offered a substitute motion that PLN be continued to April 11, Commissioner Steiner seconded the motion. Secretary McCormick asked Mr. Olness if co-locating broadband was viable. Mr. Olness responded that the project is FERC regulated and they have approval for just the pipeline. Secretary McCormick asked if any other localities explored broadband. Mr. Olness responded no, broadband is not FERC regulated. Chairman Perry asked if fiber were to be co-located, how it would affect the construction process. Mr. Olness stated it would require a wider trench and would require going through Environmental Impact Statement process with FERC again. Chairman Perry asked Mr. Olness if co-locating, would there be one trench versus two trenches. Mr. Olness stated that are allowed one trench and if further widened, they would have to review application and would not make sense. Commissioner Gerloff asked why it would not make sense. Mr. Olness stated that they are not allowed to have a fiber optic with the pipeline. Commissioner Sweeney asked if other routes have been considered and how a continuance would affect them. Mr. Olness stated that there were many studies for 8 routes and over 40 reroutes were considered. 84% of easements needed for the route have been secured. A continuance would impact the easement acquisition process and construction schedule. Vice Chairman Ellis asked how close they are to other pipelines such as HRSD. Mr.

23 Page 23 Olness stated other utilities can parallel the pipeline but they cannot collocated. Commissioner Gerloff asked if staff provided input towards the routing. Mr. Camras and Mr. Tate stated the City was involved with the routing and there were multiple public hearings. The FERC process required the study of alternative routes. Rerouting of the initial pipeline was accommodated to address concerns raised by the City and community. Chairman Perry will not support a 60 day continuance and that the application supports the goals of the Comprehensive Plan. Vice Chairman Ellis supports the previous comments and does not support the substitute motion; a sponsor for broadband will not be found in the next 60-days. Commissioner Gerloff is not convinced that this is the correct route and more time is needed to explore all options. Mr. Olness replied that they studied a more northerly route and there is not sufficient space to accommodate one pipeline and there is no opportunity on Military Highway. Vice Chairman Ellis asked Mr. Tate that if it were relocated to Military Highway, if there was sufficient room to support the 75-foot wide needed for the project easement. Mr. Tate responded that if there is co-location, there needs to be separation of the lines and liability protections put in place. In cases such as the ACP, a separate easement is more desirable rather than co-locate. Commissioner Sweeney asked Mr. Tate if other routes were explored based on City Council s resolution. Mr. Tate responded yes, concerns were addressed and other routes were looked at, but as you get closer to residential, risks have to be minimized. On the substitute motion, Commissioner Gerloff moved that PLN be continued to April 11, Commissioner Steiner seconded the motion. The motion failed by a vote of 2-6. Commissioners Sweeney, Ellis, McCormick, Perry, Gilbert, and Deneau voted against the motion. Williams excused. Commissioner Sweeney moved that PLN be APPROVED as recommended by staff. Vice Chairman Ellis seconded the motion. The motion was carried by a vote of 6 2. Commissioners Steiner and Gerloff opposed. Commissioner Williams excused.

24 Page 24 DIRECTOR'S ITEMS: None UNFINISHED AND NEW BUSINESS: Chairman Perry asked if any Planning Commissioners objected to the cancellation of the February 28, 2018 meeting due to there being no business. There were no objections. PLANNING COMMISSION ACTION: Cancellation of the February 28, 2018 meeting was APPROVED by unanimous consent. ADJOURNMENT: There being no further business to bring before the Commission, Chairman Perry declared the meeting adjourned at 9:01 p.m. Respectfully submitted, Karen E. Shaffer, AICP Recording Secretary and Assistant Planning Director KS/jj APPROVED: March 14, 2018.