Chesapeake Planning Commission PUBLIC HEARING MINUTES August 9, 2017 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 City of Chesapeake Chesapeake Planning Commission PUBLIC HEARING MINUTES August 9, 2017 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box Chesapeake, Virginia (757) Call to Order: Chairman Williams called the Chesapeake Planning Commission Public Hearing of August 9, 2017, to order at 7:00 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Gilbert led in the Pledge of Allegiance to the United States Flag. Invocation: Commissioner Amick offered the Invocation for the evening. Roll Call: Present Marty Williams, Chairman Adam Perry, Vice Chairman Hollis Ellis, Secretary Kevin Amick, Commissioner Harold Gilbert, Commissioner Stephens Johnson, Commissioner John McCormick, Commissioner George Van Laethem, Commissioner Excused John Kish, 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 Specialist II Timothy Howlett, Planning Administrator Hoa Dao, Senior Planner Mark Hobbs, Senior Planner Bill McKay, Senior Planner Benjamin Camras, Senior Planner City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Ed West, Engineer

2 Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

3 Page 3 APPROVAL OF MINUTES: Chairman Williams presented the July 12, 2017 and July 26, 2017 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the July 12, 2017 and July 26, 2017 Public Hearing were APPROVED by unanimous consent.

4 ITEMS FOR CONTINUANCE OR WITHDRAWAL: Chesapeake Planning Commission Page 4 1. PLN-USE PROJECT: TWE Chesapeake Solar Project APPLICANT: TWE Chesapeake Solar Project, LLC PROPOSAL: A conditional use permit to allow a solar energy facility on approximately 176 acres. ZONE: A-1, Agricultural District LOCATION: Between Beaver Dam Road and Head of River Road approximately one half mile northwest of the intersection of Head of River Road and Long Ridge Road TAX MAP SECTION/PARCELS: , , & BOROUGH: Butts Road PLANNING COMMISSION ACTION: WITHDRAWN, no action necessary. 2. PLN-TXT An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, Section thereof, to amend the parameters defining when a child-care establishment requires a conditional use permit as a Level II Home Occupation and to amend the standards of operation applied to all Level II Home Occupations. (Continued 90 days from the May 10, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the October 11, 2017 Public Hearing. (7-1; Van Laethem/Gilbert, Perry opposed, Kish excused) Ms. Shea stated that staff had requested a continuation to the October 11, 2017 Public Hearing.

5 Page 5 Commissioner Van Laethem moved that PLN-TXT be CONTINUED to the October 11, 2017 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-1. Vice Chairman Perry opposed. Commissioner Kish excused. Commissioner Van Laethem motioned to move PLN and PLN to the continuance section. Commissioner McCormick seconded the motion. The motion was carried by a vote of 7-2. Vice Chairman Perry and Secretary Ellis opposed. Commissioner Kish excused. 13. PLN PROJECT: Joint Juvenile Justice Center APPLICANT: City of Chesapeake DEPARTMENT: City Manager PROPOSAL: Construction of new Joint Juvenile Justice Facility to serve City of Chesapeake and Commonwealth of Virginia juvenile detention programs. ZONE: A-1, Agricultural ZONING MAP LOCATION: 920 Minuteman Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION ACTION: CONTINUED to the October 11, 2017 Public Hearing. (7-1; Van Laethem/Gilbert, Perry opposed, Kish excused) Ms. Shea stated that staff had requested a continuation to the October 11, 2017 Public Hearing. Opponent: Jeff Whedbee, 2814 Number Ten Lane, Chesapeake, Virginia, self.

6 Page 6 Commissioner Van Laethem moved that PLN be CONTINUED to the October 11, 2017 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-1. Vice Chairman Perry opposed. Commissioner Kish excused. 14. PLN PROJECT: Joint Juvenile Justice Center Public Utilities Extension APPLICANT: City of Chesapeake DEPARTMENT: City Manager PROPOSAL: Construction of public water and sewer lines to serve the proposed Joint Juvenile Justice Center. ZONE: A-1, Agricultural ZONING MAP LOCATION: Along Dominion Boulevard/Route 17 from Scenic Parkway south to Number Ten Lane and east to 920 Minuteman Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION ACTION: CONTINUED to the October 11, 2017 Public Hearing. (7-1; Van Laethem/Gilbert, Perry opposed, Kish excused) Ms. Shea stated that staff had requested a continuation to the October 11, 2017 Public Hearing. Opponent: Jeff Whedbee, 2814 Number Ten Lane, Chesapeake, Virginia, self. Commissioner Van Laethem moved that PLN be CONTINUED to the October 11, 2017 Public Hearing as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-1. Vice Chairman Perry opposed. Commissioner Kish excused.

7 Page 7 CONSENT AGENDA: 3. PLN-USE PROJECT: JP Chesapeake Holdings Medical Care Facility APPLICANT: JP Chesapeake Holdings, LLC AGENCY: Williams Mullen PROPOSAL: A conditional use permit for a medical office building and ambulatory surgery center. ZONE: Edinburgh - Planned Unit Development LOCATION: 208 Carmichael Way TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove (Continued 30 days from the July 12, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; Amick/McCormick, Kish excused) 1. The applicant/owner agrees that this conditional use permit shall be limited to a Medical Care Facility for an outpatient ambulatory surgery center consisting of one operating room dedicated to ophthalmic surgeries, such as cataract, retina, ocular plastic, vitreoretinal and other ophthalmic surgeries, and an associated procedure room. 2. The applicant/owner agrees that the building and site design for the property shall comply with the standards put forth in Section IV of the Edinburgh PUD Development Criteria, as determined by the Director of Planning or designee, prior to Final Site Plan approval. The applicant/owner further agrees that the building and site design for the property shall be subject to the architectural review process set out in Section III of the Edinburgh PUD Development Criteria. Mrs. Shaffer read PLN-USE into the record for Commission review and action.

8 Page 8 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: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent, will standby for questions. Commissioner Amick 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 8-0. Commissioner Kish excused. 4. PLN-REZ PROJECT: Ida Gardens Lots 7 & 8 APPLICANT: Gateway Construction II Inc. AGENCY: Parrish-Layne Design Group PROPOSAL: A conditional zoning reclassification of approximately 0.3 acres from M-1, Light Industrial District to R-10s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential/ 4.3 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential/less than or equal to 4 dwelling units per acre LOCATION: 809 Bells Mill Road TAX MAP SECTION/PARCELS: Portions of & BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following proffers: (8-0; Amick/McCormick, Kish excused) The applicant/owner agrees that there shall be no more than two (2) lots developed on the portions of Tax Parcels and that are subject to this rezoning, as depicted on the plans approved by the City on November 29, 2016 and entitled, Subdivision Plan of IDA Gardens 809 & 817 Bells Mill Road, for

9 Page 9 Gateway Construction II, Inc., TP & TP , Pleasant Grove Borough, Chesapeake, Virginia. 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 proffer as listed in the official agenda. Proponent: Bryan Lane, 1500 Rick Fletcher Court, Chesapeake, Virginia, representing applicant, will standby for questions. Commissioner Amick moved that PLN-REZ be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Commissioner Kish excused. 5. PLN-USE PROJECT: Plan Bee Academy APPLICANT: Plan Bee Academy AGENCY: Saunders & Ojeda P.C. PROPOSAL: A conditional use permit to expand an existing private school. ZONE: R-15s, Residential District LOCATION: 4500 Peek Trail TAX MAP SECTION/PARCEL: BOROUGH: Western Branch (This item was approved for concurrent advertising and will be heard by City Council on August 15, 2017) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (8-0; Amick/McCormick, Kish excused) 1. The applicant/owner agrees to limit student enrollment to no more than 150 students at any one time.

10 Page The applicant/owner agrees that the private school s hours of operation shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday. 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: Whitney Saunders, 705 W. Washington Street, Suffolk, Virginia, representing applicant, will standby for questions. Wendy Fitch, 4500 Peek Trail, Chesapeake, Virginia, applicant, will standby for questions. Commissioner Amick 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 8-0. Commissioner Kish excused. 6. PLN-PUDM PROJECT: Stonebridge Landing Apartments

11 Page 11 APPLICANT: Stonebridge Associates, LLC AGENCY: Retnauer Baynes Associates PROPOSAL: A modification to the Development Criteria of the Stonebridge Landing PUD to increase the allowed density for residential garden apartments from 13 dwelling units per acre to 15.9 dwelling units per acre and to increase the allowed residential density for the overall PUD from 3.5 dwelling units per acre to 3.7 dwelling units per acre. PROPOSED COMP LAND USE / DENSITY: High Density Residential with no more than15.9 dwelling units per acre EXISTING COMP LAND USE / DENSITY: High Density Residential with no more than 16 dwelling units per acre LOCATION: 4100 Prindle Court TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: APPROVAL with the revised Development Criteria date received July 31, 2017: (8-0; Amick/McCormick, Kish excused) Mrs. Shaffer read PLN-PUDM 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-PUDM be APPROVED with the revised Development Criteria date received July 31, Proponent: Thomas Retnauer, 432 Battlefield Boulevard, Chesapeake, Virginia, representing applicant, will standby for questions. Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, will standby for questions. Commissioner Amick moved that PLN-PUDM be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. The motion was carried by a vote of 8-0. Commissioner Kish excused.

12 Page PLN-SITE PROJECT: Tidewater Mack Sign APPLICANT: John C. Doub AGENCY: Kevin L. Hubbard PROPOSAL: A preliminary site plan application for the installation of a height sign. LOCATION: 301 Bulldog Drive TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: APPROVAL: (8-0; Amick/McCormick, Kish excused) Mrs. Shaffer read PLN-SITE 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-SITE be APPROVED as listed in the official agenda. Proponent: Kevin Hubbard, Greenbrier Parkway, Chesapeake, Virginia applicant, will standby for questions. Commissioner Amick moved that PLN-SITE 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 8-0. Commissioner Kish excused.

13 Page PLN-SPEX PROJECT: Great Bridge Pumpkin Patch & Little River Christmas Tree Lot APPLICANT: John Biddle PROPOSAL: A special exception to conduct an outdoor event for more than 7 days, for 3 consecutive events. ZONE: B-2, General Business District LOCATION: 900 North Battlefield Boulevard TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulation: (8-0; Amick/McCormick, Kish excused) The owner/applicant agrees that the Special Outdoor Event shall only be permitted to operate from September 12, 2017 to November 6, Mrs. Shaffer read PLN-SPEX 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-SPEX be APPROVED with the stipulations as listed in the official agenda. Commissioner Amick moved that PLN-SPEX 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 8-0. Commissioner Kish excused. REGULAR AGENDA:

14 Page PLN-REZ PROJECT: Fernwood Chase APPLICANT: Allen J. Gordon Trust and SAS Associates AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 92.1 acres from A-1, Agricultural District to R-MF-1, Multifamily Residential District (30.4 acres more or less), B-1, Neighborhood Business District (1.4 acres more or less) and C-1, Conservation District (60.3 acres more or less). PROPOSED COMP LAND USE / DENSITY: Low Density Residential/4.16 dwelling units per acre and Business/Commercial EXISTING COMP LAND USE / DENSITY: Low Density Residential/Less than 8 dwelling units per acre and Business/Commercial LOCATION: Southeast corner of the intersection of Great Bridge Boulevard and Fernwood Farms Road TAX MAP SECTION/PARCELS: , , , and BOROUGH: Washington (Continued 30 days from the July 12, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: CONTINUED to the September 13, 2017 Planning Commission Public Hearing. (7-1; Van Laethem/Ellis, Perry opposed, Kish excused) Mrs. Shaffer read PLN-REZ into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on findings contained in the staff report, planning staff recommended that PLN-REZ APPROVED with proffers. Proponent: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent, requested a 30 day continuance to address concerns from the community meeting with neighbors. Opponent: Dr. Mary Balderston, 700 Watch Island Reach, Chesapeake, Virginia, self. Dr. Balderston

15 Page 15 believes there is misrepresentation of the site categorized as low density housing due to size. Her concerns consists of overcrowding schools and flooding issues effecting the surrounding area. Ron Geyer, 712 Spice Quay, Chesapeake, Virginia, self. Mr. Geyer is Vice-President of the Homeowners Association and is concerned with the overcrowding of schools, low-density housing designation is questionable, and traffic concerns during peak traveling times. Brenda Gibson, 183 Driftwood Drive, Chesapeake, Virginia, self. Ms. Gibson opposes continuance and project. Ms. Gibson is concerned with school overcrowding, lack of parking on Fernwood Chase, and flooding concerns. David Hinshaw, 1000 Cherrytree Lane, Chesapeake, Virginia, self. Mr. Hinshaw opposes to project and continuance. He stated there are four housing areas who oppose the project due to overcrowding schools, parking limitations, emergency services limitations, and flooding issues and suggests the project be moved to another location. The Chairman called for a vote to continue the application prior to the following speakers in opposition being called: James Scott, 174 Driftwood Drive, Chesapeake, Virginia, self. George Miller, 831 Rivanna River Reach, Chesapeake, Virginia, self. Markiella Moore, 657 Fernwood Farms Road, Chesapeake, Virginia, self. Gene Moore, 221 Fernwood Farms Road, Chesapeake, Virginia, self. Karen Teehl, 629 Fernwood Farms Road, Chesapeake, Virginia, self. Theresa Tumber 312 Tarneywood Drive, Chesapeake, Virginia, self. Richard Utley. 264 Fernwood Farms Road, Chesapeake, Virginia, self. John Weinreich, 1302 Eastern Way, Chesapeake, Virginia, self. COMMISSION DISCUSSION: Chairman Williams asked Mr. Palmer to share the reasoning for the continuance request. Mr. Palmer stated that after meeting with the community, there are areas in the project that needs to be addressed and wants to ensure that the project is a collaborative effort. Commissioner Van Laethem moved that PLN-REZ be CONTINUED to the September 13, 2017 as recommended by the agent. Secretary Ellis seconded the motion. The motion was carried by a vote of 7-1. Vice Chairman Perry voted against the motion. Commissioner Kish excused.

16 Page PLN-USE PROJECT: Centerville Turnpike Solar Project APPLICANT: Centerville Pike Solar Project, LLC PROPOSAL: A conditional use permit to allow a solar energy facility on a acre parcel. ZONE: A-1, Agricultural District LOCATION: East of Centerville Turnpike at the terminus of Old Centerville Turnpike. TAX MAP SECTION/PARCEL: BOROUGH: Butts Road (Continued 90 days from the May 10, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (7-1; Johnson/Van Laethem, Perry opposed, Kish excused) 1. The applicant/owner shall construct a City Standard Commercial Entrance, CG-11A to access the site prior to issuance of a Certificate of Occupancy. The entrance shall be depicted on the final site construction plan and is subject to review and approval by the Director of Development and Permits, or designee. In addition, a closure and restoration plan shall be a required component of the final site construction plan. 2. The applicant/owner shall submit a Landscape Plan pursuant to Chesapeake Zoning Ordinance Section et seq. prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator. Said plan shall provide for the planting and maintenance of the following: 1) a modified Buffer Yard E along the entirety of the perimeter of the solar energy facility, consisting of small and medium canopy trees that are at least 6 feet in height, and shrubs that are in a minimum industry standard 3 gallon container at planting; and 2) the modified Buffer Yard E shall also include a solid evergreen buffer along the entirety of the property line adjacent to the residential properties to screen the use. The solid evergreen buffer shall include trees that are at least 8 feet in

17 Page 17 height at time of planting, and shrubs that are in a minimum industry standard 3 gallon container at time of planting; and 3) a variety of native groundcovers and other vegetation throughout the site, including those known as attractive to pollinators and a mix of two species of clover and tall fescue at a ratio of at least 70% clover and 30% fescue. All plant materials in the Landscape Plan shall be installed prior to the issuance of a Certificate of Occupancy. Further all referenced plant material shall be established within the first growing season following completion of construction activities. 3. The applicant/owner shall install and maintain a 6 foot security fence around the entire perimeter of the solar farm prior to the issuance of a Certificate of Occupancy. All required permits and approvals for the fence shall be acquired prior to the installation of the fence. 4. The Conditional Use Permit is limited to the applicant only. 5. The applicant/owner shall provide written notice to the Director of Development and Permits or designee at least 30 days in advance of the cessation or abandonment of this use. Within 180 days of the cessation or abandonment of this use, the applicant/owner shall remove all photovoltaic systems (including but not limited to inverters, modules/solar panels, solar trackers) and all other structural elements related to the photovoltaic system use. The applicant/owner shall also restore the property to its pre-use grade, as approved by the Director of Development and Permits or designee, within the referenced 180 days. 6. Prior to receiving a certificate of occupancy, an Emergency Management Plan (EMP) will be provided to the Director of Development and Permits for the solar energy facility. The goal of this EMP is to provide safety guidelines and procedures for potential emergency-related incidents during all phases of the life of the facility (construction, operation, and decommissioning). The EMP shall cover at minimum emergency communications and training, theft and vandalism, inclement weather, high voltage equipment, and fire safety and prevention. 7. The applicant/owner shall maintain insurance for the duration of the use. The applicant/owner shall provide to the City Attorney a certificate

18 Page 18 of insurance providing General Liability Insurance which shall include at least the following information: (i) the name of the insurance company, policy number and expiration date; and (ii) the coverage and limits on coverage and including the amount of deductibles or selfinsured retentions with a minimum limit of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate, combined single limit, for bodily injury (including death) or property damage and Environmental Impairment insurance with minimum limits of $1,000,000 per occurrence. The certificate of insurance shall be provided to the City Attorney prior to the issuance of a Certificate of Occupancy. 8. The applicant/owner agrees that the solar array shall be designed to withstand 120 mph wind speeds, as depicted on the approved final site plan. 9. The applicant shall only use mono-crystalline or poly-crystalline photovoltaic (PV) technology for the solar energy facility. This shall be specified in the site plan for the project. 10. The applicant/owner agrees that all construction activities shall be limited to 7 a.m. to 7 p.m. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mr. McKay 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: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent. Mr. Palmer referred to Justin McGeeney for comments. Justin McGeeney, Tradewind Energy, W. 113 th Street, Lenexa, Kansas, applicant. Mr. McGeeney described the project and informed the Commission that construction will commence in 2018 and will take 6 to 9 months to construct. The project will create 100 to 150 jobs during construction. The project will use native vegetation for landscaping to include underneath the panels. Since the last hearing, Mr. McGeeney met with the community and received three concerns that include visual impact, decommissioning of the system and impact on property values. The vegetation buffer will consist of evergreens small and medium size canopy trees, and shrubs. Decommissioning of the system is the responsibility of the property owners to restore the property. The hiring of a third party appraiser and possible impacts of solar projects, resulted with a finding of no impact on

19 Page 19 property values. One major modification was an increase setback of project from Centerville Turnpike Road. Doris Brickhouse, 1524 Centerville Turnpike South, Chesapeake, Virginia, self. Ms. Brickhouse has lived on the property for 60 years and believes this project has the least impact on neighborhood and will be a benefit to the City as well as the neighbors. Alden Cleanthes, 2528 Hanover Lane, Chesapeake, Virginia, self. Ms. Cleanthes supports the project and believes solar energy is the best choice with least impacts on the community and the environment. Judy Hinch, 424 Shorebird Lane, Chesapeake, Virginia, self. Ms. Hinch believes applicant has the best intentions in mind and supports the family wanting to continue farming and have the least impact on the environment and neighborhood. Justin Johnson, 1145 Long Ridge Road, Chesapeake, Virginia, self. Mr. Johnson supports the application as it will let farmers have a way to supplement income. He supports green technology and hopes it will support people during times of natural disasters. Harold Lehman, 1443 Fentress Airfield Road, Chesapeake, Virginia, self. Mr. Lehman stated this will help the agriculture industry in the City. Rogard Ross, 3800 Rivercrest Place, Chesapeake, Virginia, self. Mr. Ross supports application as it provides alternative energy source and believes project overall is in the best interest for the area. Opponent: Larry Crum, 925 Land Promise Road, Chesapeake, Virginia, self. Mr. Crumb is concerned about herbicides being used and the safety of water and possibly contamination of water. He is also concerned with environmental issues from the panels leaking and heat island overtop the panels. He is concerned with animal welfare, environmental welfare, and changing the character of the area. COMMISSION DISCUSSION: Commissioner Johnson asked Mr. McGeeney to address the herbicides, glares, and heat island concerns. Mr. McGeeney stated there is a variety of herbicides used within the agriculture industry; however, they would not use herbicides in the same manner and it would only be used for spot treatment as needed, thus dramatically reducing stormwater contaminants. The heat island usually is a permanent change in urban areas that usually involves asphalt and/or concrete. The panels benefit to cool down at night and airflow will not result in a heat island. Mr. McGeeney addressed glare study and worked with third

20 Page 20 party expert in the field which showed no impact on the Fentress Airfield and the Navy has agreed there are no impacts. Vice Chairman Perry does not support the plan because it does not conform to the objective in the Comprehensive Plan to support agriculture, and it does not allow the City to reach its full potential. Commissioner Van Laethem supports the project to maintain clean air and water into future. It does not impact roads, sewer, and schools. This application allows the lawful use of landowner s property. He supports staff recommendation and the increased setbacks addresses issues in the community. Commissioner Johnson moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 7-1. Vice Chairman Perry voted against the motion. Commissioner Kish excused. Commissioner McCormick provided a statement that he has a conflict of interest with the next application and excused himself from Chambers. 11. PLN-USE PROJECT: Virginia Equine Satellite Wagering Facility APPLICANT: Virginia Equine Alliance AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a computer-based gaming establishment in a 3346 square foot unit that is part of a shopping center. The applicant also seeks approval of an alternative parking surface for the parking spaces behind the building. ZONE: B-2, General Business District LOCATION: 220 Battlefield Boulevard North, Unit 228 TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued 30 days from the July 12, 2017 Planning Commission Public Hearing) PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following stipulations: (6 1 1; Johnson /Amick, Perry opposed, McCormick abstained, Kish excused)

21 Page The applicant/owner shall operate the satellite wagering facility in accordance with Chapter 29 in Title 59.1 of the Virginia Code, as amended, and the license issued by the Virginia Racing Commission in Decision No.: , dated June 7, If the applicant/owner s license to operate the satellite wagering facility is suspended or revoked, the applicant/owner shall immediately cease operations and shall provide written notice to the Zoning Administrator within five (5) days of said suspension or revocation. 2. The applicant/owner agrees that there will be no more than twelve (12) satellite wagering stations on the premises. 3. The applicant/owner agrees to provide twelve (12) employee parking spaces to the rear of the building as shown on the preliminary site plan dated July 18, 2017 prior to initiation of the use. These spaces shall have a gravel surface with wheel stops to define the spaces. 4. This conditional use permit is limited to the applicant only. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mr. McKay 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: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent. Mr. Palmer explained the application and limitations to live horseracing events. He also explained the applicate will be licensed and will maintain a license which is inspected by local and state agencies regularly. John Hannum, Executive Director of Virginia Equine Alliance, 38 Garrett Street, Warrenton, Virginia. Mr. Hannum stated that the State wanted to support and maintain the racing community and changed racing act regulations in 2015 that allows off track betting wagering facilities. The site has been inspected by the Virginia Racing Commission and the license is pending based on the approval of Planning Commission and City Council. There will be ongoing inspections of site and they will be good partners with the City. Ben Goodman, 1032 Sippel Drive, Chesapeake, Virginia, self, will standby for questions. Edward Manning, 228 North Battlefield Boulevard, Chesapeake, Virginia, applicant. Mr. Manning stated they were approached by Virginia Equine Alliance. He researched the

22 Page 22 proposal for over a year before entering the use permit application process. Jeni Manning, 3117 Pelham Street, Chesapeake, Virginia, self, will standby for questions. Rich McClenney, address not provided, in support and will standby for questions. Jimmy Jones, 3912 Plum Lane, Chesapeake, Virginia, self, in support and will standby for questions. Nancy Jones, 3912 Palm Lane, Chesapeake, Virginia, self. Ms. Jones is excited about the project and supports the Manning family. She has visited a Richmond betting establishment and was surprised by the great experience she had and would like to have the opportunity in the City. Opponent: Steve Fleming, 155 Harbor Watch Drive, Chesapeake, Virginia, self. Mr. Fleming stated he has concerns regarding the safety and traffic on Harbor Watch Drive and Sandy Point Lane. Due to an existing business who parks vehicles on both sides of Wayne Avenue and Billy Flora Way, the street is not wide enough for parking on both sides of the road and can only accomdate one car at a time entering and exiting the road onto Wayne Avenue. They have the largest private marina and have received approval for an entrance sign. COMMISSION DISCUSSION: Commissioner Van Laethem asked Mr. Manning to explain how the off track betting is handled. Mr. Manning stated it will have a traditional self-service terminal, similar to a table top game console, and will be able to place a bet. Commissioner Van Laethem asked how many terminals will be onsite and when will alcohol sales stop. Mr. Manning stated they will have 12 terminals and alcohol service will stop at 2 a.m. Commissioner Van Laethem asked what the minimum age for betting is. Mr. Fleming stated the minimum age for betting is 18 and betting will stop at approximately 11 p.m. Vice Chairman Perry asked Mr. Palmer the status of parking requirements and stipulations. Mr. Palmer stated that the new ordinance does not apply and will not be voted on until next month by City Council. Vice Chairman Perry asked Mr. Palmer if he is aware of other gambling related activities on site like poker tournaments. Mr. Palmer stated he is not aware of any other gambling on site. Secretary Ellis asked Mr. Tate if there was a parking requirement count within the strip center and how it will affect its uses. Mr. Tate stated he is not aware of any count but planning staff may have had discussions with zoning. Mr. McKay stated he spoke with Mr. John King, and it is a legally non-conforming use which is why it is stipulated for 12 additional spaces in back for employee parking to accommodate the number of terminals. Mr. Tate stated he is not aware of any issues with Wayne Avenue and he will forward the concern to Public Works.

23 Page 23 Vice Chairman Perry does not support the application as it does not meet the high standards with the surrounding community. Chairman Williams stated that this will be the only off track betting establishment in the area. Commissioner Johnson moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and an additional stipulation 4, which reads as follows: 4. This conditional use permit is limited to the applicant only. Commissioner Amick seconded the motion. The motion was carried by a vote of Vice Chairman Perry voted against the motion. Commissioner McCormick abstained. Commissioner Kish excused. Commissioner McCormick returned to the Chambers. 12. PLN-USE PROJECT: Morris Baking Classes APPLICANT: JMT Sweets LLC AGENT: Alandus Morris PROPOSAL: A conditional use permit to allow cooking classes as a Level II Home Occupation in a single family residence on a.41 acre lot. ZONE: A-1, Agricultural District LOCATION: 2 Prentiss Drive TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: APPROVAL with the following revised stipulations: (6-2; Perry/ McCormick, Van Laethem and Johnson opposed, Kish excused) 1. The applicant/owner agrees that cooking classes may only be held between the hours of 6 p.m. to 8 p.m. on Fridays, and 10 a.m. to 4 p.m. on Saturdays and Sundays.

24 Page The applicant/owner agrees that each cooking class shall be limited to no more than six (6) students in any one class. Mrs. Shaffer read PLN-USE into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE be DENIED. Proponent: Alandus Morris, 512 Prentiss Drive, Chesapeake, Virginia, representing current residence. Mr. Morris stated he has community support. There will be 4 children maximum, and only 2 maximum if children with disabilities are present. Jatoria Morris, 512 Prentiss Drive, Chesapeake, Virginia, self. Ms. Morris is speaking on behalf of her mother and requests the Commission support. The applicant runs her own business and has experience cooking and cleaning. Ivory Morris, 512 Prentiss Drive, applicant. Mrs. Morris is a behavior therapist and wants to use her skills to support children with special needs in a supportive environment to demonstrate and show the children how they can use these skills to become independent. Christopher Wantz, 533 Prentiss Drive, Chesapeake, Virginia, self. Mr. Wantz supports the applicant in the community and thinks this is good for the community, but requests stipulation number three for the buffer yard be removed due to traffic visibility concerns. COMMISSION DISCUSSION: Commissioner Johnson asked Assistant City Attorney Catherine Lindley if the discrepancy with the advertised address number as 2, and the applicant s correct address of 512 will require a continuance. Assistant City Attorney Catherine Lindley stated that although the address in the advertisement was incorrect, the tax map parcel and borough was advertised correctly and a sign was posted on the property; therefore, the notice was sufficient. Chairman Williams asked Assistant City Attorney Catherine Lindley if the grammatical error will hinder a vote. Assistant City Attorney Catherine Lindley stated based on case law, she believes the notice requirements have been meet. Vice Chairman Perry moved that PLN-USE be APPROVED with the revised stipulations of removing stipulation 3 as listed in the official agenda. Commissioner McCormick seconded the motion. The motion was carried by a vote of 6-2. Commissioners Van Laethem and Johnson voted against the motion. Commissioner Kish

25 Page 25 excused. DIRECTOR'S ITEMS: None UNFINISHED AND NEW BUSINESS: Chairman Williams asked if any Planning Commissioners objected to the cancellation of the August 26, 2017 meeting due to there being no business. There were no objections. PLANNING COMMISSION ACTION: Cancellation of the August 23, 017 meeting was APPROVED by unanimous consent. ADJOURNMENT: There being no further business to bring before the Commission, Chairman Williams declared the meeting adjourned at 8:48 p.m. Respectfully submitted, Karen E. Shaffer, AICP Recording Secretary and Assistant Planning Director KS/jj APPROVED: September 13, 2017.