Chesapeake Planning Commission PUBLIC HEARING MINUTES January 10, 2018 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 PUBLIC HEARING MINUTES January 10, 2018 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Perry called the Chesapeake Planning Commission Public Hearing of January 10, 2018, to order at 7:00 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Williams led in the Pledge of Allegiance to the United States Flag. Invocation: Vice Chairman Ellis 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 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 John Harbin, Principal Planner APPROVAL OF MINUTES: City Attorney Staff Present Catherine Lindley, Assistant 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 Chairman Perry presented the December 13, 2017 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the December 13, 2017 Public Hearing were APPROVED by unanimous consent. Commissioners Deneau, Gerloff, Steiner, and Sweeney abstained.

3 ITEMS FOR CONTINUANCE OR WITHDRAWAL: Chesapeake Planning Commission Page 3 1. PLN-REZ PROJECT: Cinnamon Cove APPLICANT: A & B Contractors PROPOSAL: A conditional zoning reclassification of approximately 1.7 acres from O&I, Office and Institutional District to RMF-1, Multifamily Residential District to construct 12 multifamily apartment units. PROPOSED COMP LAND USE / DENSITY: Low Density Residential/ 7 dwelling units per acre EXISTING COMP LAND USE / DENSITY: High Density Residential/ less than or equal to 16 dwelling units per acre LOCATION: 901 Pine Wood Run TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued 60 days from the November 8, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2018 Public Hearing. (9-0; Sweeney/Ellis) Ms. Shea stated that the applicant has requested a 60 day continuation to the March 14, 2018 Public Hearing, and staff has no objections. Commissioner Sweeney moved that PLN-REZ be CONTINUED to the March 14, 2018 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 9-0.

4 Page 4 2. 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 December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the February 14, 2018 Public Hearing. (9-0; Sweeney/Ellis) Ms. Shea stated that the applicant has requested a 30 day continuation to the February 14, 2018 Public Hearing, and staff has no objections. Commissioner Sweeney moved that PLN-REZ be CONTINUED to the February 14, 2018 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 9-0.

5 Page 5 3. 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 December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the February 14, 2018 Public Hearing. (9-0; Sweeney/Ellis) Ms. Shea stated that the applicant has requested a 30 day continuation to the February 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Sweeney moved that PLN-USE be CONTINUED to the February 14, 2018 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 9-0.

6 Page 6 4. 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. 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 December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the February 14, 2018 Public Hearing. (9-0; Sweeney/Ellis) Ms. Shea stated that the applicant has requested a 30 day continuation to the February 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Sweeney moved that PLN-USE be CONTINUED to the February 14, 2018 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 9-0.

7 Page 7 5. 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 December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the February 14, 2018 Public Hearing. (9-0; Sweeney/Ellis) Ms. Shea stated that the applicant has requested a 30 day continuation to the February 14, 2018 Public Hearing, and staff had no objection to the request. Commissioner Sweeney moved that PLN-USE be CONTINUED to the February 14, 2018 Public Hearing as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 9-0.

8 Page 8 CONSENT AGENDA: 6. PLN-USE PROJECT: Word Alive Christian Church Daycare APPLICANT: Gwendolyn and Clyde Campbell PROPOSAL: A conditional use permit to revise the stipulations of an existing conditional use permit (UP-10-13) to allow child daycare in an existing store front church on an approximately 1.9 acre parcel (Deep Creek Plaza). ZONE: B-2, General Business District LOCATION: 3330 South Military Highway, Suite 101A TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (9-0; Williams/Gilbert) 1. The uses approved by UP and PLN-USE shall be limited to the subject applicant only. 2. The applicant/owner agrees that the daycare shall be limited to no more than 20 children. Mrs. Shaffer read PLN-USE 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-USE be APPROVED with the stipulations as listed in the official agenda. Proponent: Gwen Campbell, 3330 S Military Highway, Chesapeake, Virginia, applicant and will standby for questions. Commissioner Discussion: Commissioner Williams asked Ms. Campbell if she is aware of the age restrictions on the

9 Page 9 proposed application, and anything older than four years old would be considered a violation. Ms. Campbell stated she is aware of the age limits. Commissioner Williams 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 9-0. REGULAR AGENDA: 7. 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 PLANNING COMMISSION RECOMMENDATION: CONTINUANCE to the February 14, 2017 Public Hearing. (9-0; Williams/Gilbert) Mrs. Shaffer read PLN-REZ 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-REZ be APPROVED with the proffers as listed in the official agenda. Proponent: Jason Day, Atlantic Land Development for Murray Homes, 100 Fairwind Drive, # 100, Chesapeake, Virginia, agent. Mr. Day requested a 30 day continuance to the February 14, 2018 Public Hearing due to recent environmental issues that have been brought to his attention.

10 Chesapeake Planning Commission Page 10 Commissioner Williams moved that PLN-REZ be CONTINUED to February 14, 2018 as recommended by the applicant. Commissioner Gilbert seconded the motion. The motion was carried by a vote of PLN-TXT AN ORDINANCE AMENDING APPENDIX A OF THE CITY CODE, ENTITLED ZONING, ARTICLE 3, SECTION 3-403; ARTICLE 6, SECTIONS AND ; ARTICLE 10, SECTIONS , , AND ; AND ARTICLE 14, SECTIONS , , AND , AND DELETING SECTION IN ARTICLE 6, TO CLARIFY, CORRECT AND MODIFY PROVISIONS RELATING TO THE KEEPING OF LIVESTOCK IN THE A-1, AGRICULTURAL DISTRICT AND RE-1, RESIDENTIAL ESTATE DISTRICT; TO ADD A DEFINITION OF ANIMAL UNITS AND STABLES; TO ADD A TABLE DETAILING THE NUMBER OF ANIMAL UNITS THAT ARE PERMITTED BASED ON THE ACREAGE OF THE LOT IN THE RE-1 DISTRICT; AND SIMPLIFY THE REGULATIONS REGARDING ACCESSORY STRUCTURES IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. (Continued 90 days from the October 11, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL OF VERSION January 3, (9-0; Williams/Sweeney) Mrs. Shaffer read PLN-TXT into the record for Commission review and action. Staff Presentation: Mr. Harbin stated that based on findings contained in the staff report, planning staff recommended that PLN-TXT version dated January 3, 2018 be APPROVED. Proponent: Richard Brooks, 1319 Head of River Road, Chesapeake, Virginia, representing the Chesapeake Small Farms Coalition. Jennifer Barnes, 1319 Head of River Road, Chesapeake, Virginia, representing Chesapeake Small Farms Coalition. Ms. Barnes stated that she supports the text amendment. She request that the residential chickens be removed from the agriculture ordinance and moved to residential section of the City s Ordinance. Also, she would like the development section of the ordinance for A-1 to be reviewed, including the parking of

11 RV s. Chesapeake Planning Commission Page 11 Opposition: Steve Haugen, 1145 Benefit Road, Chesapeake, Virginia, self. Mr. Hagen breeds cattle and would like the issues Ms. Barnes presented to be considered for clarification. COMMISSION DISCUSSION: Commissioner Steiner asked Mr. Harbin to clarify the A-1 and RE-1 districts that are a concern for Ms. Barnes. Mr. Harbin stated that when new A-1 lots under 10 acres are subdivided the setbacks and lot size are in accordance with RE-1 development standards. After development of the lot, the use must adhere to the A-1 Table of Permitted and Conditional uses. Commissioner Williams asked Ms. Barnes if this was her understanding after hearing the clarification. Ms. Barnes stated that her understanding that if you are zoned A-1, then you will be held to residential standards. As an example, in the A-1 district you are allowed an RV; however, in the residential districts you are not able to have an RV on the property. Commissioner Williams asked Assistant City Attorney Catherine Lindley to clarify the developmental standards. Ms. Lindley stated that developmental standards involve dimensional limitations, such as lot size and setbacks. The residential A-1 lots under 10 acres are subject to RE-1 development standards which is in the current ordinance and the proposed ordinance maintains that requirement. Further, the initiating resolution was intended to clarify and correct conflicting provisions, which includes amendments to the use tables but not development standards. Removing the requirement regarding development standards does not involve a clarification or correction and is, most likely, outside of the scope of the Initiating Resolution. In response to the question regarding residential chickens, Article 14 details requirements related to accessory structures in all zoning districts, not just A-1. A-1 lots are not subject to the 6 or fewer female chickens rule. Chickens are considered livestock on A-1 lots and they are not restricted in number. Chickens are also permitted livestock on RE-1 lots provided that the permitted animal units are not exceeded. Chickens are permitted in other residential districts provided that there are 6 or fewer female chickens. Finally, the statement that RVs are not allowed on residential A-1 lots under acres is incorrect. RVs are allowed on said properties provided that the RV is shielded from view by a carport or other enclosure and/or parked behind the front line of the house. Commissioner Williams asked Assistant City Attorney Catherine Lindley if the initiating resolution has been fulfilled and if the developmental standards are within the scope of the initiating resolution. Ms. Lindley stated that the initiating resolution has been fulfilled and removing the developmental standards requirement exceeds the bounds of the Initiating Resolution and should not be considered by the Commission as part of this ordinance amendment. Commissioner Gerloff stated that it appears that there is a deficiency in the developmental standards and asked Assistant City Attorney Catherine Lindley how the Commission can

12 Page 12 address the issue. Ms. Lindley stated that the Planning Commission has a policy addressing this issue. The policy provides several options, one of which is for the Commission to pass a motion asking City Council to initiate a resolution. Ms. Lindley suggested that the policy be added to next month s pre-meeting. Chairman Perry stated that he is in agreement with Mr. Gerloff that further work is needed; however, he supports the positive process with this text amendment. Vice Chairman Ellis stated that there are RE-1 and A-1 inconsistencies in the rural overlay. Commissioner Williams moved that PLN-TXT version dated January 3, 2018 be APPROVED as recommended by staff. Commissioner Sweeney seconded the motion. The motion was carried by a vote of PLN-USE PROJECT: Autobell Carwash APPLICANT: Pavilion Development Company OWNER: CBL & Associates Management, Inc. AGENCY: CEI Engineering Associates, Inc. PROPOSAL: A conditional use permit to operate an automobile cleaning services facility. ZONE: PUD, Greenbrier LOCATION: At the northwest corner of Eden Way N and River Birch Run N TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued 30 days from the December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulation: (9-0; Williams/McCormick) The applicant/owner agrees that the conditional use permit approval is limited to a car wash, to include exterior and interior vehicle cleaning, and will not include any form of automotive repair. Mrs. Shaffer read PLN-USE into the record for Commission review and action.

13 Staff Presentation: Chesapeake Planning Commission Page 13 Mr. Dao stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE be APPROVED with the stipulation as listed in the official agenda. Proponent: Jeff Smith, CEI Engineering, 3108 SW Regency Parkway, Suite 2, Bentonville, Arkansas, representing Pavilion Development Company. Mr. Smith explained the applications, landscape details and the improvements to the applications from the previous Public Hearing and will standby for questions. George Shield, Pavilion Development, 5605 Carnegie Blvd, Suite 110, Charlotte, North Carolina, representing AutoBell and will standby for questions. Mr. Shield explained that he has spoken to Development and Permits, Planning staff, and Commissioners and addressed all concerns mentioned with the application. Douglas Modny, CBL Properties, 1401 Greenbrier Parkway, Chesapeake, Virginia, representing Greenbrier Mall. Mr. Modny supports both applications and is does not foresee any traffic concerns with each application. Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, speaks in favor of the projects. Mr. Palmer provided a handout that has been reviewed by staff and shows the circulation on the site does work. COMMISSION DISCUSSION: Vice Chairman Ellis asked Mr. Modny if he is aware that Ring Road is his responsibility and not the City s regarding the entrance configuration. Mr. Modny stated that he is aware of his responsibility and has no issues regarding the entrance configuration. Commissioner Williams stated that he was previously concerned with the car wash poststaging area, delivery times, and traffic flow, but after speaking with the application representatives he now supports the application. Commissioner Gerloff asked how it will be determined that the finishing stalls for Autobell remain unoccupied by Firestone because it is prime parking for Firestone showroom. Mr. Smith stated that there will be an agreement between Autobell and Firestone to keep those parking stalls available for the Autobell. Commissioner Williams moved that PLN-USE be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Secretary McCormick seconded the motion. The motion was carried by a vote of 9-0.

14 Page PLN-USE PROJECT: Firestone Complete Auto Care APPLICANT: Pavilion Development Company OWNER: CBL & Associates Management, Inc. AGENCY: CEI Engineering Associates, Inc. PROPOSAL: A conditional use permit to operate an automobile repair services facility. ZONE: PUD, Greenbrier LOCATION: At the northwest corner of Eden Way N and River Birch Run N TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued 30 days from the December 13, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (9-0; Williams/McCormick) 1. The proposed motor vehicle repair facility shall comply with all provisions of Section of the Chesapeake Zoning Ordinance for the duration of the use. 2. The applicant/owner agrees that no work of any kind shall be performed on vehicles, vehicle tires or displays outside of the building. 3. The applicant/owner agrees to install and maintain a row of evergreen trees that are a minimum of six (6) foot tall along the property s frontage on River Birch Run North. The applicant/owner will also install a fifteen (15) foot landscape Buffer Yard D and a curvilinear three (3) foot berm along the entire eastern property line abutting River Birch Run North and a Buffer Yard F landscaping along Eden Way North, as illustrated on the revised landscape plan, dated November 21, All plant and buffer materials in this stipulation shall be subject to the review and approval of the City s Landscape Coordinator and shall be installed prior to the issuance of a certificate of occupancy. 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.

15 Proponent: Chesapeake Planning Commission Page 15 Jeff Smith, CEI Engineering 3108 SW Regency Parkway, Suite 2, Bentonville, Arkansas, representing Pavilion Development Company. Mr. Smith explained the details and improvements to the application and will standby for questions. George Shield, Pavilion Development, 5605 Carnegie Blvd, Suite 110, Charlotte, North Carolina, representing Firestone and will standby for questions. Douglas Modny, CBL Properties, 1401 Greenbrier Parkway, Chesapeake, Virginia, representing Greenbrier Mall. Mr. Modny supports both applications. Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, speaks in favor of the projects. Mr. Palmer stated that the handout has been reviewed by staff and it shows the circulation on the site does work. COMMISSION DISCUSSION: This item was heard with PLN-USE See item above for minutes. Commissioner Williams moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 9 0.

16 DIRECTOR'S ITEMS: Chesapeake Planning Commission Page 16 None UNFINISHED AND NEW BUSINESS: Chairman Perry asked if any Planning Commissioners objected to the cancellation of the January 24, 2018 meeting due to there being no business. There were no objections. PLANNING COMMISSION ACTION: Cancellation of the January 24, 017 meeting was APPROVED by unanimous consent. ADJOURNMENT: There being no further business to bring before the Commission, Chairman Perry declared the meeting adjourned at 8:00 p.m. Respectfully submitted, Karen E. Shaffer, AICP Recording Secretary and Assistant Planning Director KS/jj APPROVED: February 14, 2018.

Chesapeake Planning Commission PUBLIC HEARING MINUTES September 13, 2017 CITY COUNCIL CHAMBER - 7:00 P.M.

City of Chesapeake Chesapeake Planning Commission PUBLIC HEARING MINUTES September 13, 2017 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757)