Chesapeake Planning Commission PUBLIC HEARING MINUTES November 8, 2017 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 PUBLIC HEARING MINUTES November 8, 2017 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Williams called the Public Hearing of November 8, 2017, to order at 7:00 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Van Laethem led in the Pledge of Allegiance to the United States Flag. Invocation: Secretary Ellis offered the Invocation for the evening. Roll Call: Present Marty Williams, Chairman Adam Perry, Vice Chairman Hollis Ellis, Secretary Harold Gilbert, Commissioner Stephens Johnson, Commissioner John Kish, Commissioner John McCormick, Commissioner George Van Laethem, Commissioner Department of Planning Staff Present Jaleh Shea, 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 Catherine Lindley, Assistant City Attorney Office of the City Manager James Baker, City Manager Department of Development and Permits Present Jay Tate, PE, Development and Permits Director Department of Public Utilities Staff Present David Jurgens, Public Utilities Director Ed West, Engineer

2 Page 2 APPROVAL OF MINUTES: Chairman Williams presented the October 11, 2017 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the October 11, 2017 Public Hearing were APPROVED by unanimous consent. ITEMS FOR WITHDRAWAL: 1. PLN-SPEX PROJECT: Chubby s Pumpkin Festival and Christmas Tree Lot APPLICANT: Charles Mapes AGENCY: Williams Mullen PROPOSAL: A special exception to conduct an outdoor event for more than 7 days. ZONE: B-3, Highway Business District LOCATION: 1325 Battlefield Boulevard South TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLN-SPEX has been WITHDRAWN by the applicant. No further action by the Planning Commission is necessary: PLANNING COMMISSION ACTION: WITHDRAWN, no action necessary. Ms. Shea stated that the applicant had requested the application be withdrawn and that no action was necessary. No further action necessary; application withdrawn.

3 Page 3 CONSENT AGENDA: 2. PLN-REZ PROJECT: Creeks Edge North at Norfolk Highlands APPLICANT: Dearden Management Group. LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 1.04 acres from B-1, Neighborhood Business District, to R-MF-1 Multi-Family District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 6 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 1620 Rokeby Avenue TAX MAP SECTION/PARCEL: BOROUGH: Washington (Continued 30 days from the October 11, 2017 Planning Commission Public Hearing) APPROVAL with the following proffers: (8-0; Van Laethem/Johnson) On-Site Proffers: The following on-site proffers address impacts that are specifically and uniquely attributable to a proposed new development, which contains a proposed new residential development: 1. The subject zoning will generally adhere to the conceptual site plan included in the submittal titled Creeks Edge Highlands by GeoStat Land Surveys, 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 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 dated August 8, 2017 may be necessary to accommodate environmental engineering, architectural, topographical, 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

4 Page 4 Department of Development and Permits and shall supersede any previously filed conceptual site plan. 2. The applicant/owner agrees that the proposed development shall contain no more than four (4) single-family residential detached condominium units. The dwelling units shall be offered for sale. 3. The applicant/owner agrees that the proposed development shall be consistent with the plan entitled Creeks Edge North at Norfolk Highlands dated August 8, 2017 by GeoStat Land Surveys. All residential units shall be detached condominiums with at least three (3) bedrooms consistent with the elevations dated October 25, 2017 as determined by the Planning Director of designee. 4. Prior to the issuance of the first certificate of occupancy on the property subject to this rezoning, the applicant/owner agrees that a condominium association will be established to own and maintain all private common areas, fencing, landscape buffers and storm water management facilities associated with the subject property. Furthermore, the condominium association shall adopt and be responsible for the enforcement of the architectural guidelines set out in these proffers. Prior to the issuance of the first certificate of occupancy, proof of recordation and a copy of the condominium declaration shall be provided to the Zoning Administrator. 5. The applicant/owner agrees that each residential dwelling unit shall have a minimum of a 1-car garage and at least two parking spaces in each driveway. 6. The applicant/owner agrees that each residential dwelling unit shall be at least sixteen (16) inches above the finished grade surrounding each unit. 7. The applicant/owner agrees that siding on each residential dwelling unit shall be horizontal vinyl siding with accents in the gables. The roofing material will be three (3) tab composition shingles, except that the shed roof areas over the garage on the units may be accented with metal accent roofing. 8. The applicant/owner agrees that the subject units will have rear courtyard fencing as depicted on the Conceptual Site Plan dated August 8, 2017 included in the Creeks Edge North at Norfolk Highlands by GeoStat Land Surveys. In addition to the required landscape buffer, the subject property will be landscaped with Native Wax Myrtles and accented with Crepe Myrtle trees prior to the issuance of a certificate of occupancy for each unit pursuant to a landscape plan that is subject to the review and approval by the Landscape Coordinator. 9. Pursuant to the Conceptual Site Plan included in the submittal titled Creeks Edge North at Norfolk Highlands by GeoStat Land Surveys, the applicant/owner shall record a non-ingress/egress easement along the property s entire frontages on Rokeby Avenue and McNeal Avenue,

5 Page 5 except in the locations where driveways are proposed, as depicted on the referenced Conceptual Site Plan. The non-ingress/egress easement shall be recorded prior to or contemporaneously with the approval of the final site plan for the development. 10. Pursuant to the Conceptual Site Plan dated August 8, 2017 included in the submittal titled Creeks Edge North at Norfolk Highlands by GeoStat Land Surveys, a sidewalk and curb and gutter, per PFM standards, will be established along the subject property s frontage on McNeal Avenue outside of the CBPA buffer prior to the issuance of a certificate of occupancy. Mr. Howlett read PLN-REZ into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-REZ be APPROVED with the proffers as listed in the official agenda. Proponent: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent and will standby for questions. Commissioner Van Laethem moved that PLN-REZ be APPROVED with proffers as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of PLN-STCL PROJECT: Portion of Kegman Road Street Closure APPLICANT: Wetherington Homes, Inc. AGENT: ShepelleWatkinsWhite Consulting & Law PLLC PROPOSAL: A street closure petition to close an 8,532 square foot portion of Kegman Road. ZONE: R-15s, Residential District LOCATION: Northwest of the intersection of Kegman Road and Kegman Road West TAX MAP SECTION/PARCEL: N/A BOROUGH: Pleasant Grove (Continued 30 days from the October 11, 2017 Planning Commission Public Hearing)

6 Page 6 APPROVAL with the following stipulations: (8-0; Van Laethem/Johnson) 1. The petitioner agrees to pay the City of Chesapeake through the Planning Department the sum of $17,500.00, as determined by the City, within ten (10) calendar days of the final approval of the closure of the subject street, alley, easement, or public right-of-way by the Chesapeake City Council. Failure to remit this fee in a timely manner shall render the public right-of-way/street closure null and void. 2. The City of Chesapeake agrees to record the duly adopted ordinance of the Chesapeake City Council in the Chesapeake Circuit Court Clerk s Office upon timely receipt of the aforesaid payment, which will form basis for the title to the subject property in favor of the adjoining property owner. 3. The petitioner agrees to abide by any other conditions imposed by City Council in the vacation of the public right-of-way/street. 4. The City reserves a twenty five (25) foot wide water/sewer easement centered over the existing water main and a ten (10) foot drainage easement. An exhibit on file with the Planning Department entitled, Exhibit A and dated May 12, 2017 depicts the drainage easement and includes a note regarding the water/sewer easement. The drainage easement and water/sewer easement shall be shown on the final resubdivision plat and the location and sufficiency of both shall be subject to the review and approval of the City. The water/sewer easement shall also be recorded by easement agreement, on forms acceptable to the City Attorney, prior to the recordation of the resubdivision plat. Mr. Howlett read PLN-STCL into the record for Commission review and action. Mr. Howlett stated that based on the findings listed in the staff report, planning staff recommended that PLN-STCL be APPROVED with the stipulations as listed in the official agenda. Proponent: Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, agent and will standby for questions.

7 Page 7 Commissioner Van Laethem moved that PLN-STCL be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of PLN-REZ PROJECT: Lane Automotive Repair Center APPLICANT: Lane Donald E Trustee AGENT: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately.3 acres from R-6, Residential District to B-2, General Business District for an automotive repair facility. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Medium Density Residential/less than or equal to 16 du/acre LOCATION: 2007 Atlantic Avenue TAX MAP SECTION/PARCEL: BOROUGH: South Norfolk APPROVAL with the following proffer: (8-0; Van Laethem/Johnson) The applicant/owner agrees that the use of the property shall be limited to SIC 75 motor vehicle repair and services within the existing building and parking lot. Mr. Howlett read PLN-REZ into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-REZ be APPROVED with proffer as listed in the official agenda. Proponent: Grady Palmer, 999 Waterside Drive, Suite 1700, Norfolk, Virginia, agent and will standby for questions. Commissioner Van Laethem moved that PLN-REZ be APPROVED with the proffer as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8-0.

8 Page 8 5. PLN-USE PROJECT: Lane Automotive Repair Center APPLICANT: Lane Donald E Trustee AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow an automotive repair facility on a.3 acre parcel. ZONE: R-6, Residential District LOCATION: 2007 Atlantic Avenue TAX MAP SECTION/PARCEL: BOROUGH: South Norfolk APPROVAL with the following stipulations: (8-0; Van Laethem/Johnson) 1. The applicant/owner agrees that the use of the property shall be limited to SIC 75 motor vehicle repair and services. The applicant/owner further agrees that all such use shall occur within the existing building and parking configuration as depicted on the exhibit entitled, Condition Use Permit Exhibit for 2007 Atlantic Avenue and dated October 24, The applicant/owner agrees to vacate all interior lot lines and stripe the parking lot in accordance with Zoning Ordinance and Fire Department requirements prior to issuance of a certificate of occupancy. 3. The applicant/owner agrees to acquire a fence permit for the existing outdoor vehicle storage area fence and existing corner lot fence adjacent to Hemple Street from the Zoning Department prior to the issuance of a certificate of occupancy. The applicant/owner shall also install opaque screening on the existing fence around the outdoor vehicle storage area prior to the issuance of a certificate of occupancy. Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. Proponent: Grady Palmer, 999 Waterside Drive, Suite 1700, Norfolk, Virginia, agent and will standby for questions.

9 Page 9 William Garrettt, 4016 Scotfield Drive, Chesapeake, Virginia, self. Mr. Garrett supports the project because it will bring needed jobs to the City. Commissioner Van Laethem moved that PLN-USE be APPROVED with stipulations as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of PLN-USE PROJECT: Firestone Complete Auto Care APPLICANT: Pavilion Development Company OWNER: Chesapeake Development of Hampton Roads, Inc. AGENCY: CEI Engineering Associates, Inc. PROPOSAL: A conditional use permit to operate an automobile repair services facility. ZONE: PUD, Dominion Commons East LOCATION: At the southeast corner of Grassfield Parkway and Landers Drive. TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek APPROVAL with the following stipulations: (8-0; Van Laethem/Johnson) 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 fifteen (15) foot landscape Buffer D and a curvilinear three (3) foot berm along the entire width of the building on the proposed property line to the east. Said Buffer D and berm 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. 4. The applicant/owner agrees that Landers Drive shall not be used as an access point for the proposed use until legal documentation allowing such use is recorded in the land records of the Clerk of the Circuit Court for Chesapeake and submitted to and approved by the City s Attorney s office.

10 Page The applicant/owner agrees that the proposed use shall not occupy any building or operate in any manner until the property subject to this conditional use permit is lawfully subdivided to allow such use and adequate levels of service, including but not limited to road access, water and sewer service, are available; as determined by the Director of Development and Permits or designee. Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. Proponent: Todd Carr, Pavilion Development Co., 5605 Carnegie Boulevard, Charlotte, North Caroline, applicant and will standby for questions. Jeff Smith, CEI Engineering, Inc., 3108 SW regency Parkway, Suite 2, Bentonville, Arkansas will standby for questions. Commissioner Van Laethem moved that PLN-USE be APPROVED with stipulations as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of PLN-USE PROJECT: Autobell Carwash APPLICANT: Pavilion Development Company OWNER: Chesapeake Development of Hampton Roads, Inc. AGENCY: CEI Engineering Associates, Inc. PROPOSAL: A conditional use permit to operate an automobile cleaning services facility. ZONE: PUD, Dominion Commons East LOCATION: At the southeast corner of Grassfield Parkway and Landers Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek APPROVAL with the following stipulations: (8-0; Van Laethem/Johnson)

11 Page The applicant/owner agrees that the conditional use permit approval will be limited to a car wash, to include exterior and interior vehicle cleaning, and will not include any form of automotive repair. 2. The applicant/owner agrees to install and maintain a fifteen (15) foot landscape Buffer D and a curvilinear three (3) foot berm along the entire width of the building on the proposed property line to the east. Said Buffer D and berm 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. 3. The applicant/owner agrees that Landers Drive shall not be used as an access point for the proposed use until legal documentation allowing such use is recorded in the land records of the Clerk of the Circuit Court for Chesapeake and submitted to and approved by the City s Attorney s office. 4. The applicant/owner agrees that the proposed use shall not occupy any building or operate in any manner until the property subject to this conditional use permit is lawfully subdivided to allow such use and adequate levels of service, including but not limited to road access, water and sewer service, are available; as determined by the Director of Development and Permits or designee. Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. Proponent: Todd Carr, Pavilion Development Co., 5605 Carnegie Boulevard, Charlotte, North Caroline, applicant and will standby for questions. Jeff Smith, CEI Engineering, Inc., 3108 SW Regency Parkway, suite 2, Bentonville, Arkansas will standby for questions. Commissioner Van Laethem moved that PLN-USE be APPROVED with stipulations as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8-0.

12 Page PLN-USE PROJECT: Christ Apostolic Church APPLICANT: Christ Apostolic Church WOSEM, Inc. OWNER: Paul J Hughes AGENT: Leslie R. Riddle PROPOSAL: A conditional use permit proposal for a church. EXISTING COMP LAND USE: Business/Commercial LOCATION: 4013 Indian River Road TAX MAP SECTION/PARCEL: BOROUGH: Washington APPROVAL with the following stipulations: (8-0; Van Laehtem/Johnson) 1. Except for the childcare provided during Sunday church services, the proposed use shall not provide child daycare services. 2. The owner/applicant shall meet with the City s Landscape Coordinator on-site 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. Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. Howlett stated that based on the findings in the staff report, planning staff recommended that PLN-USE be APPROVED with stipulations as listed in the official agenda. Proponent: Robert Riddle, Riddle Associates Inc., 530 Woodlake Circle, Suite 100, Chesapeake, Virginia, agent and will standby for questions. Aboyeji Michael Adeleke, 4013 Indian River Road, Chesapeake, Virginia, applicant and will standby for questions. Opposition: William Garrettt, 4016 Scotfield Drive, Chesapeake, Virginia, self. Mr. Garrett opposes the project and believes the project will be better suited in a residential area, so businesses can utilize the proposed location to bring jobs to the City.

13 Page 13 Commissioner Van Laethem moved that PLN-USE be APPROVED with stipulations as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of REGULAR AGENDA: 9. PLN-REZ PROJECT: CRMC Hanbury Road APPLICANT: Chesapeake Hospital Authority, dba Chesapeake Regional Medical Center PROPOSAL: A conditional zoning reclassification of approximately 1.44 acres from B-1, Neighborhood Business District (1.16 acres) and R-10s, Residential District (.28 acre) to O&I, Office and Institutional District for a medical care facility and medical offices. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial and Low Density Residential/less than 4 du/acre LOCATION: 1034 Battlefield Boulevard South TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (Continued 60 days from the September 13, 2017 Planning Commission Public Hearing) APPROVAL with the following proffers: Van Laethem, Kish and Williams opposed) (5-3; Perry/McCormick, 1. The applicant/owner agrees to dedicate one-half of the ultimate 4-lane right-of-way (or 25, if approved by the Director of Development and Permits) along the property s frontage with Hanbury Road in accordance with the 2050 Master Transportation Plan. The alignment and sufficiency of the dedication shall be subject to the review and approval of the Director of Development and Permits or designee. This dedication shall be recorded or filed for recording prior to approval of a final site construction plan. 2. The applicant/owner acknowledges and understands that Hanbury Road will likely become a divided roadway and further acknowledges and understands how that will affect the property subject to this rezoning. If and when the divided roadway is established on Hanbury Road, the site ingress/egress will be limited to a, "right-in, right-out" condition, unless a median break location happens to coincide with the

14 Page 14 location of an entrance to the site. The applicant/owner acknowledges and understands the impacts of this condition and agrees that no claim of damages or compensation will be sought. Mr. Howlett read PLN-REZ into the record for Commission review and action. Mr. McKay 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: Pete Burkhimer, Jr., 448 Viking Drive, Suite 170, Virginia Beach, Virginia, agent. Mr. Burkhimer stated there will be some modifications on the parcel to accommodate more parking and some adjustments to improve business entrances. Walter Culpepper, 736 Battlefield Boulevard N, Chesapeake, Virginia, applicant. Mr. Culpepper explained the expansion services alongside partnership with Bayview and Hanbury Family Medicine which will serve as a Now Care/Urgent Care Center. Jim Hartz. 725 Volvo Parkway, Chesapeake, Virginia, representing Now Care Urgent Care Center. Mr. Hartz stated the facility is for walk-in leads and collaborate with the hospital and residents in the community. He supports the applications and is available for questions. Opponent: Mr. Garrett, 4026 Scotfield Drive, Chesapeake, Virginia, self. Mr. Garrett opposes the project due to traffic concerns. Commission Discussion: Commissioner Kish asked for clarification on the existing stipulations provided. Mr. Culpepper stated that at this time, it will be unnecessary to do MRI, CT, and bone densitometry, and only seeking for urgent care items at this time. Commissioner Kish asked if he would be okay with a modification to the stipulations. Mr. Culpepper said yes. Commissioner Van Laethem asked for clarification on hours of operations. Mr. Culpepper stated 7AM-11PM, 7 day a week. Commissioner Van Laethem asked that since in a residential area can the hours be modified. Mr. Hartz stated that he will support modification to hours of operation to 8AM-8PM. Secretary Ellis asked Mr. Burkhimer to clarify Mr. Garrett points. Mr. Burkhimer stated there is an understanding between the applicant and the City that there are possible changes which could result in a right in and right out of the area, but this should not be a deciding factor.

15 Page 15 Commissioner Kish motioned to approve PLN-REZ with proffers as recommended by staff and PLN-USE with stipulations as recommended my staff with amendments to stipulation 1 and 3; Stipulation 1: The use permit shall be limited to a Medical Care Facility consisting of an Urgent Care Center and Specialized Facilities, including laboratories, ultrasonography, and radiography typically associated with the operation of an Urgent Care Center; Stipulation 3: Hours of operation shall be limited to 8 AM to 8 PM. Commissioner Gilbert seconded the motion. Vice Chairman Perry asked Mr. Hartz to describe mammography use and what the use of a room entails. Mr. Hartz stated that mammography is used for cancer screening and detection in women and the room would require a piece of equipment with lead lining. Chairman Williams asked if the applicant would be able to operate with the changes to stipulations. Mr. Hartz stated yes. Vice Chairman Perry would like to offer a substitute motion to approve the applications as listed in the official agenda. Commissioner McCormick seconded the motion. Vice Chairman Perry stated that he does not feel that services should not be restricted should the applicant deem they are necessary in the future. Commissioner Kish stated that the modification of the use permit was requested by the applicant and the applicant has no intention to doing these services, so to allow them would not serve the applicant s purpose. Vice Chairman Perry stated if the applicant deemed it necessary in the future, they would have to come back. He feels this is unnecessary because the Planning Commission can approve the full application now. Commissioner Kish stated as a typical rule, the Commission works with the applicant and not add additional items. Vice Chairman Perry asked Mr. Burkhimer to clarify the specifications. Mr. Burkhimer stated they have been in negotiations since February and during discussion, the scope of the services have changed. They are also trying to be respectful of other parties and of the need for the City to be consistent in their approach to support changes to the application. Commissioner McCormick asked Assistant City Attorney Catherine Lindley if an application is for a conditional use permit with medical facilities, does it require that the specifics types of services be provided. Ms. Lindley stated yes, the scope of the medical services should be narrow since they are broadly defined om the Zoning Ordinance. Commissioner Van Laethem stated he is voting against both applications for land use reasons; transportation is incapable to handle the use, there is a viable economic use, and the use should not be in a residential area.

16 Page 16 Vice Chairman Perry restated the substitute motion and clarified that motion included revisions stipulation 3 for the hours of operation to be from 8 AM to 8 PM. Commissioner Kish asked Vice Chairman Perry if item 4 remained. Vice Chairman Perry said yes. Vice Chairman Perry 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 5-3. Commissioners Van Laethem, Kish, and Williams voted against the motion. 10. PLN-USE PROJECT: CRMC Hanbury Road APPLICANT: Chesapeake Hospital Authority, dba Chesapeake Regional Medical Center PROPOSAL: A conditional use permit to allow a Medical Care Facility including the following items: Urgent Care Center and Specialized Facilities, including Computed Tomography, or CT, Magnetic Resonance Imaging, or MRI, as well as ultrasonography, bone densitometry, mammography and other radiography on a 1.44 acre parcel. ZONE: R-10s, Residential District and B-1, Neighborhood Business District LOCATION: 1034 Battlefield Boulevard South TAX MAP SECTION/PARCEL: , BOROUGH: Pleasant Grove (Continued 60 days from the September 13, 2017 Planning Commission Public Hearing) APPROVAL with the following stipulations and amended Stipulation 3: (5-3; Perry/McCormick, Van Laethem, Kish and Williams opposed) 1. This use permit shall be limited to a Medical Care Facility consisting of an Urgent Care Center and Specialized Facilities, including Computed Tomography ( CT ), Magnetic Resonance Imaging ( MRI ), ultrasonography, bone densitometry, mammography and other radiography. 2. The applicant/owner shall provide a dumpster on site, which shall be located and screened in accordance with Section of the Zoning Ordinance. The dumpster location shall be shown on the final site plan and shall be provided prior to issuance of a certificate of occupancy. 3. Hours of operation shall be limited to 8 am to 8 pm.

17 Page 17 Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. McKay stated that based on the findings in the staff report, planning staff recommended that PLN-USE be APPROVED with the stipulations as listed in the official agenda. This item was heard with PLN-REZ See above for Commission discussion and action. Vice Chairman Perry moved that PLN-USE be APPROVED with stipulations as recommended by staff and amended Stipulation 3. Commissioner McCormick seconded the motion. The motion was carried by a vote of 5-3. Commissioners Van Laethem, Kish and Williams voted against the motion. 11. 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 to the January 10, 2018 Public Hearing. (8-0; Van Laethem/Ellis) Mr. Howlett read PLN-REZ into the record for Commission review and action. Mr. McKay stated that based on the findings in the staff report, planning staff recommended that PLN-REZ be APPROVED with the proffers as listed in the official agenda.

18 Page 18 Proponent: John Reese, 1116 Bells Mill Road, Chesapeake, Virginia, applicant. Mr. Reese stated that they would like to return property to original intended use consistent with surrounding properties. Opponent: William Garrett, 4026 Scotfield Drive, Chesapeake, Virginia, self. Mr. Garret stated that Chesapeake needs more jobs and less residential areas. Markiella Moore, 657 Fernwood Farms Road, Chesapeake, Virginia, self. Ms. Moore is concerned with flooding issues and the impact on the Crestwood Watershed. Ms. Moore stated that the last study was completed in 1987 and suggested there be another study. Commission Discussion: Secretary Ellis asked Mr. Reese how he plans to lay out the site for this small parcel. Mr. Reese stated that they are in the process of hiring an engineer to work on the layout. He also stated that they will design multiple buildings. Secretary Ellis asked staff on the required parking. Mr. McKay stated that he does not have the parking requirements at this time since there is no site plan. Commissioner Van Laethem asked Mr. Reese to discuss drainage issues and impervious surface area. Mr. Reese stated that he is adjacent to a BMP and part of the property was purchased by the City. The impervious area will be a small percentage of what is there. Mr. Reese stated that there was an outfall from the cul-de-sac. Commissioner Kish stated that he would like more information and a site plan before voting on the application. Secretary Ellis mentioned receiving a note from staff stating parking will be 24 units. Commissioner Johnson asked Mr. Reese how long it would take to prepare a site plan. Mr. Reese stated he needed 60 days. Commissioner Van Laethem moved to continue the application for 60 days. Secretary Ellis seconded the motion. Commissioner Van Laethem moved that PLN-REZ be CONTINUED to the January 10, 2018 Public Hearing. Secretary Ellis seconded the motion. The motion was carried by a vote of 8-0.

19 Page PLN PROJECT: Joint Juvenile Justice Center Public Utilities Extension APPLICANT: City of Chesapeake DEPARTMENT: City Manager PROPOSAL: Extension of public utilities to serve the proposed Joint Juvenile Justice Center ZONE: A-1 Agricultural 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 (Continued 30 days from the October 11, 2017 Planning Commission Public Hearing) DENIAL. (8-0; Van Laethem/McCormick) Mr. Howlett read PLN into the record for Commission review and action. Mr. Camras stated that based on findings contained in the staff report, planning staff recommended that PLN be APPROVED. Proponent: Mr. Jurgens, 306 Cedar Road, Chesapeake, Virginia, applicant. Mr. Jurgens stated that the primary reason for this application is not due to the Joint Juvenile Justice Center, but it is to provide this area of the city with public water. Opponent: Paul Balgavy, 605 Trumpet Court, Chesapeake, Virginia, self. Mr. Balgavy opposes application and will standby for questions. Deborah Corbett, 1400 West Road, Chesapeake, Virginia, self. Ms. Corbett does not support the project if the adjoined project is not approved. Aimee Barham, 604 Trumpet Court, Chesapeake, Virginia, self. Ms. Barham does not support the application because the adjoining project has been denied. William Garrettt, 4026 Scotfield Drive, Chesapeake, Virginia, self. Mr. Garrett opposes the project.

20 Page 20 Jo Anne Gallant, 714 Creekwood Drive, Chesapeake, Virginia, self. Ms. Gallant is opposed to the project and concerned of the potential cost of the pipeline. Ken Jones, 455 East Lake Circle, Chesapeake, Virginia, self. Mr. Jones opposes the project. Williams Jones Jr, 796 Shillelagh Road, Chesapeake, Virginia, self. Mr. Jones opposes the project. Ron Keller, 2819 Number Ten Lane, Chesapeake, Virginia, self. Mr. Keller opposes the project. Tommy McMillan, 625 Trumpet Court, Chesapeake, Virginia, self. Mr. McMillan opposes the project and is concerned with current utility drainage issues. Mitch MacWilliams, 2620 Number Ten Lane, Chesapeake, Virginia, self. Mr. MacWilliams opposes project due to overdevelopment and crowded schools Brandon Whedbee, 913 George Washington Highway South, Chesapeake, Virginia, self. Mr. Whedbee opposes the project as no supporting documentation has been given to state why the pipline is needed. Jason Whedbee, 917 George Washington Highway South, Chesapeake, Virginia, self. Mr. Whedbee opposes the project. Jeff Whedbee, 2814 Number Ten Lane, Chesapeake, Virginia, self. Mr. Whedbee opposes the project and the driving force is driven by the developers. It seems premature to start a 35 year plan now and does not see the area remaining agriculture. Ciara Whedbee, 921 George Washington Highway South, Chesapeake, Virginia, self. Ms. Whedbee does not support the project. Kyle Whedbee, 921 George Washington Highway South, Chesapeake, Virginia, self. Mr. Whedbee opposes the project. Beverly Whedbee, 2824 Number Ten Lane, Chesapeake, Virginia, self. Ms. Whedbee opposes the project. Lee Whedbee, 2824 Number Ten Lane, Chesapeake, Virginia, self. Mr. Whedbee stated he opposes the project. Gene Waters, 360 Clearfield Avenue, Chesapeake, Virginia, self. Mr. Waters does not support the project.

21 Page 21 COMMISSION DISCUSSION: Chairman Williams asked Mr. Jurgens if there were any significant differences since last month. Mr. Jurgens stated that the primary reason for the pipeline is it would be the first leg of the 36 inch pipe installation for a looping system. Commissioner McCormick asked Mr. Jurgens if the Joint Juvenile Justice Center is not approved, would the City install the pipeline. Mr. Jurgens stated that that the pipeline would be developed in the area when the first development is approved. Commissioner McCormick asked Mr. Jurgens if the City would not install the pipeline unless there is a development. Mr. Jurgens stated correct. Vice Chairman Perry asked Ms. Shea to clarify the status about the Joint Juvenile Justice Center application. Ms. Shea stated the applicant or City Council can appeal the decision of the Commission, and the application has been appealed. Vice Chairman Perry asked if the application was still being considered. Assistant City Attorney Catherine Lindley stated that the applicant can appeal the Commission s decision 10 days after the hearing, and it has been appealed. City Council can pull it up to be considered at the City Council s discretion. Commissioner Kish asked Mr. Whedbee about the borrow pit and status. Mr. Whedbee stated that the parcel, , has a burrow pit that may expanded through the course of development, and the borrow pit permit will expire at the end of December. Secretary Ellis asked Mr. Jurgens to clarify if the project is being listed as an unfunded fund on the capital improvement plan or is it in the six year plan. Mr. Jurgens stated it is not listed on the five year plan, but it is listed as an unfunded project following the five year plan. Secretary Ellis asked what is the likelihood to receive funding for the water plan. Mr. Jurgens stated that the water line will needed to be completed because the water line is a physical but separate function and will be need to be completed in order to supply Chesapeake clean drinking water. Commissioner Johnson asked Mr. Jurgens that if they approved the project, can it proceed without delay. Mr. Jurgens stated yes. Commissioner Gilbert stated if this utility extension is needed, why is was it tied to the Joint Juvenile Justice Center application. Mr. Jurgens stated it was named in conjunction with the application because of the size of the pipe and the City does not want to have to come back and replace later. Commissioner Van Laethem motioned to deny the application. Commissioner McCormick seconded the motion. Commissioner McCormick opposes to the application. Commissioner Johnson opposes the project. Secretary Ellis stated that he opposes the project as well.

22 Page 22 Chairman Williams opposes the project as it is tied to the Joint Juvenile Justice Center. Commissioner Van Laethem moved that PLN be DENIED. Commissioner McCormick seconded the motion. The motion was carried by a vote of PLN-USE PROJECT: Conner Cozy Care APPLICANTS: Fredirick and Truly Conner AGENTS: Harvetta Lassiter and Vivian Carter PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-15s, Residential District LOCATION: 3408 Foxfield Drive TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek (Continued 60 days from the September 13, 2017 Planning Commission Public Hearing) CONTINUED to the December 13, 2017 Public Hearing. (6-2; McCormick/Van Laethem, Perry and Ellis opposed) Mr. Howlett read PLN-USE into the record for Commission review and action. 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: Truly Conner, 3408 Foxfield Drive, Chesapeake, Virginia, applicant and available for questions. COMMISSION DISCUSSION: Commissioner McCormick asked Mr. Shea the status of the text amendment being considered at City Council. Ms. Shea stated it will be considered at the November 21, 2017 City Council meeting.

23 Page 23 Commissioner McCormick asked Ms. Conner how a continuance would impact her business. Ms. Conner stated there has been continuances since May and does not understand how the amendment will affect her. Commissioner McCormick explained the amendment. Ms. Conner asked if the text amendment would affect her having 12 children. Assistant City Attorney Catherine Lindley explained to Ms. Conner how the text amendment will affect her. Commissioner Kish asked Assistant City Attorney Catherine Lindley if a daycare has 12 children could they continue the existing use. Ms. Lindley stated that a preexisting day care providers could continue with 12 children as long as they do not discontinue the use for two years. Chairman Williams asked Ms. Conner if she has a business in her current location. Ms. Conner stated she does not have an existing business at home. Commissioner McCormick moved that PLN-USE be CONTINUED to December 13, 2017 Public Hearing. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 6-2. Commissioners Perry, and Ellis voted against the motion. 14. PLN-USE PROJECT: Inquiring Minds After School Program APPLICANT: Laura Louise Williams PROPOSAL: A conditional use permit to allow an afterschool program for elementary aged children as a Level II Home Occupation in a single family residence on a.77 acre lot. ZONE: R-15s, Residential District LOCATION: 5404 Royal Tern Court TAX MAP SECTION/PARCEL: BOROUGH: Western Branch Continued to the December 13, 2017 Public Hearing. (6-2; McCormick/Gilbert, Kish and Perry opposed) Mr. Howlett read PLN-USE into the record for Commission review and action. Mr. McKay stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE APPROVED with the stipulations as listed in the official agenda.

24 Page 24 Proponent: Laura Williams, 5404 Royal Tern Court, Chesapeake, Virginia, applicant. Ms. Williams loves working with children and would like to open a Level II After School Program. COMMISSION DISCUSSION: Commissioner Van Laethem asked staff if this is an after school program or is it classified as a day care. Mr. McKay stated that the Zoning Department classified it as a day care since the Zoning Ordinances does not have any other classification as a school. Commissioner Van Laethem asked Mr. McKay if the point system and rules apply to this application. Mr. McKay stated yes, the point system applies, and she is well within range to handle 12 children. Commissioner Van Laethem asked Ms. Williams if she fully understood the limitations that binds her to what is in the stipulations and how the children will arrive. Ms. Williams stated that she understood and she could meet the children at the bus stop if required. Commissioner McCormick moved that PLN-USE be CONTINUED to the December 13, 2017 Public Hearing. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 6-2. Commissioners Kish and Perry voted against the motion. 15. PLN-USE PROJECT: Styron Kennels & Ironworks APPLICANT: Stephen and Amber Styron AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A conditional use permit for a private residential dog kennel and a Level II Home Occupation to make decorative ironworks. ZONE: A-1, Agricultural District LOCATION: 1908 Long Ridge Road TAX MAP SECTION/PARCEL: BOROUGH: Butts Road APPROVAL with the following stipulations: (8-0; Van Laethem/Johnson) 1. The owner/applicant agree that no more than six (6) dogs over the age of four (4) months shall be permitted on the property. 2. The owner/applicant agree that all dogs shall be kept inside a fully

25 Page 25 enclosed building between the hours of 9:00 p.m. and 7:00 a.m. 3. The owner/applicant agree that the Level II Home Occupation shall occupy the ground floor of the detached garage, not to exceed 600 square feet. The owner/applicant further agrees that all production activities and material storage will only occur inside the detached garage. 4. The owner/applicant agree that customer visits to the Level II Home Occupation shall not to exceed one (1) customer at a time, and that such visits shall be limited to Monday through Saturday from 8:00 a.m. to 6:00 p.m. 5. The owner/applicant agree that no employees associated with the Level II Home Occupation will be permitted on the property. Mr. Howlett read PLN-USE into the record for Commission review and action. 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. Proponent: Shepelle Watkins-White, 870 Greenbrier Circle, Suite 4058, Chesapeake, Virginia, agent. Ms. Watkins-White stated that they are trying to work from home to take care of family and the kennel application is need for their personal dogs. Jason Styron, 1908 Long Ridge Road, Chesapeake, Virginia, applicant and will stand by for questions. Larry Sharp, 1912 Long Ridge Road, Chesapeake, Virginia, self. Mr. Sharp is a neighbor and supports application. Michelle Sharp, 1912 Long Ridge Road, Chesapeake, Virginia, self. Ms. Sharp is the closest neighbor and will be the only ones effected by the application and fully supports the application. COMMISSION DISCUSSION: Commissioner Van Laethem asked if Mr. Styron if he understands the stipulations listed in the application. Mr. Styron stated yes. Commissioner Van Laethem moved that PLN-USE be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8-0.

26 Page PLN-SUBV PROJECT: Savage Subdivision Variance APPLICANTS: Andrew Savage and Irene Moore OWNERS: Andrew Savage and Irene Moore AGENT: Andrew Savage PROPOSAL: A request to appeal the decision of the Director of Development and Permits in denying the applicant s request to be exempted from improvements along Bells Mill Road for the existing lots associated with subdivision application DEV-SUB ZONE: R-10s, Residential District LOCATIONS: 1080 and 1084 Bells Mill Road TAX MAP SECTION/PARCELS: and BOROUGH: Pleasant Grove APPROVAL, Option 1, an appeal of the Director of Development and Permits decision and waive subdivision improvements on both Parcels B and C. (8-0; Kish/Gilbert) Mr. Howlett read PLN-SUBV into the record for Commission review and action. Mr. Dao stated that based on the findings listed in the staff report, planning staff recommended that PLN-SUBV be DENIED as listed in the official agenda. Proponent: Brian Layne, 1500 Rick Fletcher Court, Chesapeake, Virginia, self. Mr. Layne stated that the applicant would like to build a home, using an existing driveway. Andrew Savage, 1084 Bells Mill Road, Chesapeake, Virginia, applicant. Mr. Savage asked Commission to approve his application as he is trying to provide for his family and take care of them. Irene Moore, 1080 Bells Mill Road, Chesapeake, Virginia, self. Ms. Moore agrees with Mr. Savage s comments. COMMISSION DISCUSSION: Commissioner Kish asked Mr. Savage what will be the cost of the house being built. Mr. Savage stated approximately $290,000. Commissioner Kish asked what is the current city assessment is on the two houses. Mr. Savage his house is approximately $200,000. Commissioner Kish asked Mr. Savage what the cost for curb and pavement would be. Mr. Savage stated it could be $120,000 or more.

27 Page 27 Chairman Williams asked Mr. Savage about the flooding in the area. Mr. Savage stated he is out of the flood zone and no flooding in the area has occurred since He asked a neighbor and she said it has not flooded since the 1960 s. Commissioner Van Laethem asked Mr. Tate to explain his administrative review action. Mr. Tate stated that City added additional stipulations and staff has been very generous with some stipulations. Commissioner Kish asked Mr. Tate to address the curb and gutter inconsistencies on Bells Mills Road. Mr. Tate stated it is a City Code requirement to install curb and gutter if there is curb and gutter in the vicinity of 500 feet. Commissioner Kish asked Mr. Tate to explain why the new curb and gutter done in sections does not match existing curb and gutter. Mr. Tate stated that with smaller sections, it is harder to match; however, small adjustments can more cost effective. Secretary Ellis asked Mr. Tate if approved what the department would require, such as ditch and shoulder improvements. Mr. Tate stated that some type of drainage system for the lots would be required. Commissioner Kish moved that PLN-SUBV be APPROVED with Option 1, approve the applicant s appeal of the Director of Development and Permits decision and waive subdivision improvements on both Parcels B and C. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 8-0. DIRECTOR'S ITEMS: None UNFINISHED AND NEW BUSINESS: Chairman Williams asked if any Planning Commissioners objected to the cancellation of the November 22, 2017 meeting due to there being no business. There were no objections. PLANNING COMMISSION ACTION: Cancellation of the November 22, 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 10:01 p.m.