Staff and the Planning Commission recommended approval with the following

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1 Regular City Council Meeting A Regular Meeting of the Chesapeake City Council was called to order by Mayor Alan P. Krasnoff on at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Ella P. Ward PLEDGE OF ALLEGIANCE: Council Member Robert C. Ike, Jr. ROLL CALL BY CLERK OF COUNCIL: Present: Absent: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Council Member John de Triquet Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Mayor Alan P. Krasnoff Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Vice Mayor Richard Rick West None Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Planning Director Jaleh Shea, Assistant City Attorney Catherine Lindley, Assistant Planning Director Karen Shaffer and other staff members. APPROVAL OF MINUTES Mayor Krasnoff stated there were no minutes submitted for approval. APPLICANTS, AGENTS, & CITIZENS COMMENTS ON PUBLIC HEARING ITEMS City Clerk Madison stated there were no speakers prior to the presentation of the Public Hearing Items. COUNCIL S CONSIDERATION OF THE PUBLIC HEARING ITEMS A. PLN-REZ Marlyn Development Corporation APPLICANT: Marlyn Development Corporation AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 5.79 acres from B-2, General Business District to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: High Density Residential/27.6 du/acre EXISTING COMP LAND USE / DENSITY: Regional Mixed Use ZONING MAP LOCATION: 4300 Portsmouth Boulevard, Unit 300 TAX MAP SECTION/PARCEL: BOROUGH: Western Branch (Continued from the September 20, October 18, October 25, December 13, 2016 and March 21, 2017 Council meetings) proffers: Staff and the Planning Commission recommended approval with the following 1. The applicant/owner agrees that the property subject to this rezoning will be used for Group Housing for the Elderly as defined in the Chesapeake Zoning Ordinance, except that the qualifying age shall be further restricted to 62 instead of 55 as set out in Section of the Chesapeake Zoning Ordinance or any other permitted use in the Office and Institutional (O&I) zoning district.

2 2. If the subject property is developed as Group Housing for the Elderly, the maximum number of residential units shall be If the subject property is developed as Group Housing for the Elderly, the principal structure shall be constructed to be generally consistent with the building elevations dated June 8, 2016, as determined by the Planning Director, or designee, provided that the Planning Director or designee may approve changes to accommodate site design and engineering. 4. In the event that City Council approves a reduction in the amount of land to be set aside for reserved parking as part of the conditional use permit application pursuant to Chesapeake Zoning Ordinance Section , the applicant/owner agrees that the area shall be maintained as open space for so long as the Group Housing for the Elderly or another less intensive use, as determined by the Zoning Administrator, is in operation on the site. 5. If the subject property is developed as Group Housing for the Elderly, the applicant/owner agrees that the following improvements to the property subject to this rezoning will be constructed prior to the issuance of a final certificate of occupancy. The applicant/owner further agrees that it will have sole responsibility to inspect and maintain the features proffered below. a. Convenience grab bars in all tub/shower enclosures. b. Fire sprinkler and fire alarm system per NFPA 13R and dry fire sprinkler in attic per the VUSBC. c. All units will have handheld shower heads and at least 70% will have shower stalls. d. Lever hardware in place of doorknobs. e. 100% of units will be Type B accessible/adaptable with 2% of units being Type A fully accessible. f. 100% of units will have emergency pull cords. g. 100% of units can be accessed by elevator. h. The building will be an interior corridor building and all exterior entrances will have electronic controlled access. i. Amenities will include: Community Room Fitness Center Beauty Salon Arts and Crafts Room Media Room Library Business Center Interior Mail Room Garden Plots Dog Park 2

3 Revised Proffers Submitted On 12/8/16: New proffer #6 was added on December 8, 2016: 6. The applicant/owner agrees to implement a pedestrian connectivity plan on the subject property that shall, at a minimum, provide for pedestrian walkways and connections to the adjacent mall ring road and the residential property to north and west of the subject property. The plan shall be subject to review and approval of the Director of Planning or designee and all elements of the plan shall be installed or bonded prior to the issuance of a Certificate of Occupancy. (Previous proffer #6 is now proffer #7) A conceptual site plan prepared by Cox, Kliewer & Co. 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. City Clerk Madison presented the item, stated the agent was available and had requested a continuance to the July 18, 2017 City Council meeting. Council Member de Triquet, on a motion seconded by Council Member Craig, moved to continue PLN-REZ to the July 18, 2017 City Council meeting. On the motion to continue PLN-REZ to the July 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. B. PLN-USE Marlyn Project APPLICANT: Marlyn Development Corporation AGENCY: Williams Mullen PROPOSAL: A conditional use permit for Group Housing for the Elderly, with a height exception to allow a building height of 45 feet instead of 35 feet and to allow a private access lane to O&I, Office and Institutional District through B-2, General Business District. The applicant also requests a reduction of the area for reserved parking. The limits of the use permit include approximately 1,640 ft of the Chesapeake Square Mall ring road beginning at the western most intersection of Portsmouth Blvd. and terminating at the subject property. ZONE: B-2, General Business District ZONING MAP LOCATION: 4300 Portsmouth Boulevard, Unit 300 TAX MAP SECTION/PARCELS: , portion of BOROUGH: Western Branch (Continued from the September 20, October 18, October 25, December 13, 2016 and March 21, 2017 Council meetings) 3

4 Staff and the Planning Commission recommended approval with the reduction of reserved parking area and with the following stipulations: 1. The owner/applicant agrees that the proposed group housing for the elderly building will not exceed 45 feet in height consistent with building elevations titled Cinemark Site, dated June 8, 2016, as approved by the Director of Planning or designee. 2. The owner/applicant agrees that the proposed group housing for the elderly development shall be constructed in substantial compliance with the preliminary site plan, to include but not limited to all open areas and amenities, titled Age-Restricted Apartments, dated May 18, 2016, as approved by the Director of Planning or designee. 3. The owner/applicant agrees that all Fire Department concerns raised in the review memo dated May 12, 2016 shall be addressed to the satisfaction of the Fire Marshall prior to final site plan approval. 4. The required amendments to waive the residential use restriction (Sections 2.01 and 2.02 of the REA) to the Reciprocal Easement and Operating Agreement shall be recorded in the Clerk s Office of the Circuit Court of the City of Chesapeake prior to final site plan approval. City Clerk Madison presented the item, stated the agent was available and had requested a continuance to the July 18, 2017 City Council meeting. Council Member de Triquet, on a motion seconded by Council Member Ward, moved to continue PLN-USE to the July 18, 2017 City Council meeting. On the motion to continue PLN-USE to the July 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. C. PLN-REZ R&J Motel Management APPLICANT: R & J Motel Management, Inc. AGENCY: Verebley and Associates PROPOSAL: A conditional zoning reclassification of approximately 8.29 acres from O&I, Office and Institutional District (7.71 acres) and B-2, General Business District (0.58 acres), to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Urban Mixed Use and Business/Commercial LOCATION: 220 Rainbow Lane TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued from the March 21, 2017 Council meeting) Staff and the Planning Commission recommended approval with the following proffer: 1. The owner/applicant agrees that the proposed hotel will be constructed to be consistent with the building elevation with the color rendering labeled Color Scheme B prepared by Verebely & Associates dated January 31, 2017, on file with the Planning Department. The owner/applicant further agrees to use brick veneer and hardie plank building materials, with parapet walls capped with multi-piece decorative copping, consistent with said building elevation. The owner/applicant agrees that any future building construction on the property subject to this rezoning will conform to the same architectural style and building materials as said building elevation, as determined by the Director of Planning or designee. 4

5 City Clerk Madison presented the item, stated the agent was available and had requested a continuance to the May 16, 2017 City Council meeting. City Clerk Madison identified the following speaker in support of Public Hearing Item (C): David Blevins, 1021 Ramsgate Lane, representing self, concurred with the continuance request. Council Member Ike, on a motion seconded by Council Member Craig, moved to continue PLN-REZ to the May 16, 2017 City Council meeting. Mayor Krasnoff requested Mr. Verebley come to the podium for questions. There was no additional discussion. On the motion to continue PLN-REZ to the May 16, 2017 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. D. PLN-USE Sentara at Edinburgh APPLICANT: MPB Inc. AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a Medical Care Facility which operates as a Women s Diagnostic Facility including mammography, ultrasound and bone densitometry services on a portion of a 12 acre parcel. ZONE: PUD, Planned Unit Development District LOCATION: 1933 Edwin Dr. TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued from the January 17, 2017 Council meeting) Staff and the Planning Commission recommended approval with the stipulation and with the additional stipulation #2: 1. The subject use permit shall be limited to the 4,351 square foot portion of the second floor, as depicted on the floor plan attached to this report and dated September 27, This use permit shall be limited to a Women s Diagnostic Facility which only performs the following services: mammography, ultrasound and bone densitometry. City Clerk Madison presented the item, stated the agent was available and had requested a continuance to the July 18, 2017 City Council meeting. Mayor Krasnoff recognized Council Member de Triquet, who read the following Statement of Abstention: I am abstaining from participating in Planning Item (D) due to my being on the staff at Sentara hospitals and having a personal interest in this transaction. Council Member Ike, on a motion seconded by Council Member Ward, moved to continue PLN-USE to the July 18, 2017 City Council meeting. On the motion to continue PLN-USE to the July 18, 2017 City Council meeting, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter, Ward and West. (Council Member de Triquet abstained) E. #17-O-017 PLN-REZ Riddick Rezoning APPLICANT: Tyrone Riddick PROPOSAL: A zoning reclassification of approximately acres from A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / 5

6 DENSITY: Low Density Residential with dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with 4 dwelling units or less per acre. LOCATION: 4924 Lake Shore Drive TAX MAP SECTION/PARCEL: Portion of Parcel BOROUGH: Western Branch Staff and the Planning Commission recommended approval. City Clerk Madison presented the item, stated the applicant was present and available for questions. Planning Director Shea presented the staff recommendation. Council Member Ward, on a motion seconded by Vice Mayor West, moved approval of PLN-REZ , as presented. On the motion to approve PLN-REZ , as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. F. PLN-USE Krijnen & Johnson Kennel APPLICANT: Johan Krijnen and Victoria Johnson PROPOSAL: A conditional use permit to operate a private kennel from a residence. ZONE: A-1, Agricultural District LOCATION: 2360 West Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove Staff and the Planning Commission recommended approval with the following stipulations: 1. The owner/applicant agree that no more than 10 dogs over the age of 4 months shall be present on the property. 2. The owner/applicant agree that all dogs shall be kept inside a fully enclosed building between the hours of 9:00 p.m. and 7:00 a.m. 3. The owner/applicant agree that conditional use permit approval shall be limited to the applicant only. City Clerk Madison presented the item, stated the applicant was present and available for questions. Planning Director Shea presented the staff recommendation. Council Member Ritter, on a motion seconded by Council Member Kelly, moved approval of PLN-USE , with stipulations, as presented. On the motion to approve PLN-USE , with stipulations, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. G. PLN-USE Kids First Day School APPLICANT: Melissa S. Humpert PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-15s, Residential District. LOCATION: 1232 Rosemarie Way TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (This item was approved for concurrent advertising and heard by the Planning Commission on April 12, 2017.) 6

7 Staff and the Planning Commission recommended approval with the following stipulations: 1. The daycare shall not provide care for more than twelve (12) children at any one time, exclusive of the provider s own children and any children who reside in the residence. 2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and state law. 3. The daycare hours of operation shall be between 7:00 A.M. to 5:00 P.M., Monday through Friday. 4. The outdoor playtimes for the daycare shall be between the hours of 9:30 A.M. to 11:00 A.M., and 3:30 P.M. to 4:30 P.M., with no more than six (6) children shall be outside at one time. 5. The applicant/owner shall install and maintain a six (6) foot perimeter privacy fence in the rear yard. The applicant/owner shall obtain a fence permit from the Department of Development and Permits and install the fence prior to the initiating of this use. 6. The conditional use permit is limited to the applicant only. 7. Only one additional employee, not residing in the residence, shall be permitted in operation of the daycare. 8. The home occupation authorized by this conditional use permit shall not commence until the applicant/owner occupies the subject site as their residence. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation. City Clerk Madison identified the following speakers in support of Public Hearing Item (G): Melissa Humpert, 1309 Chelbrook Road, representing Kids First Day School. Scott Humpert, 1309 Chelbrook Road, representing self. Amanda Young, 445 Etheridge Road, representing self. Timothy Muller, 329 Riviara Place, representing self. Jeff Liskey, 1312 Chelbrook Road, representing self. Katie Weems, 506 Landmark Court, representing self. Kristen Reese, 813 Weatherby Court, representing self. Amy Dudash, 821 Greenfield Lane, representing self. Jessica Baynes, 117 Greengable Way, representing self. City Clerk Madison identified the following citizen who was in attendance and concurred with the previous speakers in support of Public Hearing Item (F): Stephen Doll, 1311 Kingsbury Court, representing self. City Clerk Madison identified the following speaker in opposition to Public Hearing Item (G): Marvin Teachey, Jr., 3205 Meadowbrook Lane, representing the Silverwood Community League. Council Member Ritter, on a motion seconded by Council Member Craig, moved approval of PLN-USE , with stipulations, as presented. 7

8 Mayor Krasnoff requested Mrs. Humpert come to the podium to respond to questions. Council Members Kelly and Ritter offered comments in support of the motion. Council Member Ike spoke in opposition to the motion. Council Member Ike, on a substitute motion seconded by Council Member Davis, moved to continue PLN-USE to the July 18, 2017 City Council meeting. City Attorney Proctor, at the request of Vice Mayor West, clarified the procedure required to revoke a conditional use permit. Council Member Davis withdrew his support of the substitute motion. Council Member Ike withdrew his substitute motion for a continuance and Council Member Davis, as the second, agreed. There was no additional discussion. On the primary motion to approve PLN-USE , with stipulations, as presented, voting yes: Council Members Craig, Davis, de Triquet, Kelly, Krasnoff, Ritter, Ward and West. Voting no: Council Member Ike H. PLN-STCL Callison Drive Street Closure APPLICANT: Chesapeake Department of Public Works PROPOSAL: A street closure petition for approximately 250 linear feet of the eastern terminus of Callison Drive (11,002 square feet). ZONE: O&I, Office and Institutional District LOCATION: Eastern terminus of Callison Drive TAX MAP SECTION/PARCEL: Adjacent to BOROUGH: Pleasant Grove (This item was approved for concurrent advertising and heard by the Planning Commission on April 12, 2017.) City Clerk Madison stated no action could be taken by City Council at this time. City Attorney Proctor, at the request of Mayor Krasnoff, explained that the Code of Virginia required the Planning Commission review all applications prior to Council action; the Planning Commission continued PLN-STCL to the May 10, 2017 Planning Commission meeting on April 12, CITIZENS COMMENTS ON AGENDA ITEMS ONLY City Clerk Madison stated there were no speakers at this time. CONSENT AGENDA City Manager Item (1) #17-R-020 RESOLUTION TO REQUEST FUNDING THROUGH THE COMMONWEALTH OF VIRGINIA S ECONOMIC DEVELOPMENT, AIRPORT AND RAIL ACCESS FUND PROGRAM FOR ACCESS ROAD IMPROVEMENTS TO VOLVO PARKWAY AND EXECUTIVE BOULEVARD; AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS RELATED TO SUCH GRANT; AND ADDING SUCH NEW PUBLIC ROADWAYS TO THE URBAN MAINTENANCE INVENTORY DEPARTMENT OF PUBLIC WORKS City Clerk Madison read the Consent Agenda into the record. Council Member Ward, on a motion seconded by Council Member Davis, moved approval of the Consent Agenda, as presented. 8

9 On the motion to approve the Consent Agenda, as presented, voting yes: Council Members Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. (Council Member Craig out of the chamber) REGULAR AGENDA City Attorney Items (1) #17-R-021 RESOLUTION TO PETITION THE CIRCUIT COURT OF THE CITY OF CHESAPEAKE, VIRGINIA TO ISSUE A WRIT OF ELECTION TO FILL THE CONSTITUTIONAL OFFICE OF THE CLERK OF THE CIRCUIT COURT UPON RETIREMENT OF THE HONORABLE FAYE W. MITCHELL City Attorney Proctor presented the item. Mayor Krasnoff read the following Statement of Abstention: I am abstaining from participating in the City Attorney Item (1) due to my candidacy for the Office of the Clerk of the Court, and I wish to avoid any appearance of impropriety. The City Attorney has confirmed that my abstention is consistent with the objectives of the Virginia Conflict of Interests Act. Mayor Krasnoff relinquished the gavel to Vice Mayor West. Council Member de Triquet, on a motion seconded by Council Member Kelly, moved approval of the Resolution, as presented. Council Member Ward asked when the Writ of Election would occur, if approved. City Attorney Proctor clarified the Resolution noting it would occur November 7, There was no additional discussion. On the motion to approve the Resolution, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Ritter, Ward and West. (Mayor Krasnoff abstained) (2) #17-R-022 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CLERK OF THE CHESAPEAKE CIRCUIT COURT FOR SERVICES PERFORMED FOR THE CITY City Attorney Proctor presented the item. Mayor Krasnoff read the following Statement of Abstention: I am abstaining from participating in the City Attorney Item (2) due to my candidacy for the Office of the Clerk of the Court, and I wish to avoid any appearance of impropriety. The City Attorney has confirmed that my abstention is consistent with the objectives of the Virginia Conflict of Interests Act. Council Member Ike, on a motion seconded by Council Member de Triquet, moved approval of the Resolution, as presented. On the motion to approve the Resolution, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Ritter, Ward and West. (Mayor Krasnoff abstained) UNFINISHED BUSINESS Vice Mayor West asked City Council Members for any Unfinished Business; there was none offered. 9

10 NEW BUSINESS Vice Mayor West asked City Council Members for any New Business; there was none offered. REQUEST FOR FIRST CLOSED SESSION City Attorney Proctor provided the following language for the first Closed Session: to consult with legal counsel employed or retained by the City regarding specific legal matters pertaining to the vacancy in the Office of the Clerk of the Court and requiring the provision of legal advice by the City Attorney, as permitted by Section (A)(7) of the Code of Virginia. Mayor Krasnoff read the following Statement of Abstention: I am abstaining from participating in the closed session pertaining to legal advice concerning the pending vacancy in the office of the Clerk of Court because I have announced my candidacy for the office and I wish to avoid any appearance of impropriety. The City Attorney has confirmed that my abstention is consistent with the objectives of the Virginia Conflict of Interests Act. Council Member Ike, on a motion seconded by Council Member Ritter, moved approval of the first Closed Session discussion. On the motion to approve the first Closed Session discussion, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Ritter, Ward and West. (Mayor Krasnoff abstained) REQUEST FOR SECOND CLOSED SESSION City Attorney Proctor provided the following language for the second Closed Session: to i) discuss the acquisition and conveyance of real property where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body; and ii) consultation with legal counsel employed or retained by the City regarding specific legal matters relating to the Department of Justice and requiring the provision of legal advice by such counsel; as permitted by Section (A) (3) and (7) of the Code of Virginia. Council Member de Triquet, on a motion seconded by Council Member Ward, moved approval of the second Closed Session discussions. On the motion to approve the second Closed Session discussions, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West. City Council recessed at 7:38 p.m., convened the Closed Session at 7:48 p.m., and reconvened the meeting at 9:00 p.m. CERTIFICATION OF THE FIRST CLOSED SESSION City Attorney Proctor stated the certification of the first closed session pertained to the vacancy of the Clerk of the Circuit Court and read the following: to certify that to the best of each member s knowledge, only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed, and only such public business matters as were identified in the motion convening the closed meeting were heard, discussed, or considered. 10

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