City Council Work Session A Regular Work Session of the Chesapeake City Council was held January 16, 2018 at 4:30 p.m., in the City Hall Building, 306 Cedar Road. Present: Absent: Council Member Lonnie E. Craig Council Member Roland J. Davis, Jr. Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Mayor Richard Rick West Vice Mayor John de Triquet (excused) Present from Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Laura A. Fitzpatrick, City Clerk Sandy Madison, Director of Planning Jaleh Shea, Administrative Assistant III Nicole Benson and other staff members. The following topics were discussed during the Work Session: 1. Upcoming Agenda Items 2. Regional Broadband Initiative and Mainframe Modernization Project The Work Session adjourned at 5:45 p.m. /cs
Regular City Council Meeting A Regular Meeting of the Chesapeake City Council was called to order by Mayor Richard Rick W. West on at 6:30 p.m. in the City Hall Building, 306 Cedar Road. INVOCATION: Council Member Suzy H. Kelly PLEDGE OF ALLEGIANCE: Council Member Suzy H. Kelly ROLL CALL BY CLERK OF COUNCIL: Present: Council Member Lonnie E. Craig Absent: Council Member Roland J. Davis, Jr. Vice Mayor John de Triquet Council Member Robert C. Ike, Jr. Council Member Suzy H. Kelly Council Member Dwight M. Parker Council Member S. Z. Debbie Ritter Council Member Ella P. Ward Mayor Richard Rick W. West None Present from the Administration: City Manager James Baker, City Attorney Jan Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Laura Fitzpatrick, Deputy City Manager Robert Geis, City Clerk Sandy Madison, Assistant City Attorney Catherine Lindley, Planning Director Jaleh Shea and other staff members. APPROVAL OF MINUTES Mayor West stated there were no minutes submitted for approval. APPLICANTS, AGENTS, & CITIZENS COMMENTS ON PLANNING PUBLIC HEARING ITEMS City Clerk Madison identified the following speaker prior to the presentation of the Public Hearing Items: Victoria Nicholls, 1124 Mill Lake Quarter, representing self, spoke on Public Hearing Items (C), (D), (E), (F) and (G). COUNCIL S CONSIDERATION OF THE PLANNING PUBLIC HEARING ITEMS A. PLN-TXT-2016-007 CZO: Sign Regulations An Ordinance amending Appendix A of the City Code, Entitled Zoning, Article 3, Section 3-403; Article 6, Section 6-2206; Article 7, Sections 7-512 and 7-513; Article 10, Section 10-402 and 10-452; Article 11, Sections 11-803 and 11-1114; Article 12, Sections 12-605, 12-606, and 12-708; Article 13, Sections 13-605 and 13-1402; Article 14, Sections 14-104, 14-206 and 14-700 through 14-710; Article 16, Section 16-105; Article 19, Section 19-403; Article 20, Section 20-202 and enacting Article 14, Section 14-703.1, to amend the provisions referencing signs to be in compliance with constitutional requirements and to amend other sections to update references to maintain consistency. Staff and the Planning Commission recommended approval of version dated January 24, 2017. PLN-TXT-2016-007 PHASE 2 An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, entitled Accessory Uses and Structures, Sections 14-703, 14-703.1, 14-705, 14-706,
14-707 and 14-708; to delete content-based sign names and replace with content-neutral names to comply with constitutional requirements. City Clerk Madison presented the item. Planning Director Shea presented the staff recommendation and clarified the upcoming schedule of the future phases of the sign ordinance. Council Member Ritter, on a motion seconded by Council Member Ike, moved to continue PLN-TXT-2016-007, Phase 2, to January 23, 2018, Phase 3 to February 20, 2018 and Phase 4 to the March 20, 2018 City Council meetings. On the motion to continue PLN-TXT-2016-007, Phase 2, to January 23, 2018, Phase 3 to February 20, 2018 and Phase 4 to the March 20, 2018 City Council meetings, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Parker, Ritter, Ward and West. Voting no: None B. PLN-TXT-2017-001 Day Care Level II Home Occupation An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, Section 14-302 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 from the November 21, 2017 City Council meeting) Staff and the Planning Commission recommended approval of version dated September 26, 2017. City Clerk Madison presented the item and stated alternate version dated November 21, 2017 had been submitted. Ms. Madison identified the following speaker in support of Public Hearing Item (B): Marvin Teachey, 3205 Meadowbrooke Lane, representing the Silverwood Community League. Planning Director Shea presented the staff recommendation and requested a continuance to the February 20, 2018 City Council meeting. Mayor West asked Planning Director Shea the purpose of the continuance request; Ms. Shea explained that due to inclement weather, the Chesapeake Youth Committee requested additional time in order to prepare and submit their recommendation. Council Member Ike, on a motion seconded by Council Member Kelly, moved to deny PLN-TXT-2017-001. Council Member Ike offered comments in support of the motion. Council Member Kelly offered a substitute motion to approve PLN-TXT-2017-001, as presented. Mayor West called for a second; the substitute motion was not seconded. Council Member Ritter, on a substitute motion seconded by Council Member Davis, moved to continue PLN-TXT-2017-001 to the February 20, 2018 City Council meeting. Council Member Ritter offered comments in support of the continuance request; she called for a review of the text amendment process and the notification process of future planning items to the citizens of Chesapeake. Council Member Davis offered comments in support of the continuance request. 2
Council Member Kelly stated this was a land use policy issue and questioned if this type of business was appropriate for residential neighborhoods. Mayor West asked City Attorney Proctor the purpose of the Chesapeake Youth Committee; Ms. Proctor stated the focus of the Chesapeake Youth Committee was to improve community services in order to the support the positive development of the youth in Chesapeake. There was no additional discussion. On the substitute motion to continue PLN-TXT-2017-001 to the February 20, 2018 City Council meeting, voting yes: Council Members Davis, Parker, Ritter, Ward and West. Voting no: Vice Mayor de Triquet and Council Members Craig, Ike and Kelly C. PLN-REZ-2017-033 Coleman Farms Proffer Reconsideration APPLICANT: Bribra Acquisitions Corp AGENT: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A revision to the proffers for R(C)-07-34 to remove the limit on the number of units that can be rented in Coleman Farms, a 216 unit condominium community on 18.1 acres zoned R-MF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential/ 11.9 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Medium Density Residential/ 11.9 dwelling units per acre LOCATION: East of the southern terminus of Miller Avenue TAX MAP SECTION/PARCEL: 0200000000060 BOROUGH: Washington Staff and the Planning Commission recommended approval with the following proffers: 1. The owner / applicant agrees that the total number of residential units resulting from this application shall not exceed (216) two hundred sixteen. 2. a. In consideration of providing 216 affordable multi-family dwelling units to the City of Chesapeake, the applicant / owner agrees to make a cash contribution to the City of Chesapeake for the construction or expansion for the public school facilities, including but not limited to, land acquisition for additional classroom space, in the school planning district in which the subject property is located. The amount of the cash contribution shall be $3,811.44 per residential dwelling unit shown on the approved final site plan. The cash contribution shall be paid to the City at the time of building permit issuance for each residential structure. The cash contribution shall be deposited into the City of Chesapeake s school lock box, also known as the General Fund Reserve for School Capital Construction Costs, for the affected school district and shall be subject to City Council approval prior to appropriation. b. The applicant / owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public libraries, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair of buildings and appurtenances; and acquisition of capital assets necessary to the operation of public libraries. The amount of voluntary cash contribution shall be $701.45 per residential dwelling unit. The applicant / owner agrees to make the proffered cash contribution at the time of building permit issuance for each residential structure. c. The applicant / owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public emergency service facilities, including but not limited to, land acquisition; design, construction, expansion, renovation, and repair 3
of buildings and appurtenances; and acquisition of capital assets necessary to the provision of emergency fire and medical services to the citizens of Chesapeake. The amount of the voluntary cash contribution shall be $474.77 per residential dwelling unit. The applicant / owner agrees to make the proffered cash contribution at the time of building permit issuance for each residential structure. 3. a. The owner / applicant agrees that it shall record a (5) foot vehicular non-ingress / egress easement along its northern, southern and western boundaries as generally shown on the rezoning exhibit dated April 11, 2008. Such easement shall not preclude emergency response and / or City Vehicles from utilizing the gated access at Miller Avenue as also shown on the rezoning exhibit dated April 11, 2008 and shall be recorded by plat in the Office of the Clerk of the Court prior to final site plan approval. b. The owner / applicant agrees that it shall provide two points of unrestricted access and one point of restricted access to the subject property in accordance with a Public Works approved access management plan prior to the first Certificate of Occupancy for a residential unit resulting from this application. c. The owner / applicant further agrees that it shall obtain sufficient easement rights from the adjacent Eastwyck Village apartment complex for ingress / egress to College Park Boulevard prior to final site plan approval. 4. a. The owner / applicant agrees that the residential improvements resulting from this application shall be substantially similar in appearance to the exhibits dated December 27, 2007 as approved by the Director of Planning or designee. b. The owner / applicant agrees that the primary materials to be used on the front, sides and rear of all residential structures shall consist of brick, masonry (stone), Nailite, beaded lap, or substantially similar material, with the exception that accents, gables, bay windows, and other design or ornamental features may consist of EIFS, wood materials or cement based materials. Such material shall be presented to and accepted by the Planning Director or Designee prior to final construction plans approval. 5. a. The owner / applicant agrees that the residential units resulting from this development after initial construction shall be condominiums for sale. b. The owner / applicant agrees that it shall include as a term of its Declaration of Condominium Association Bylaws that the number of units that may be offered by any future owner for rental shall not exceed thirty-five percent (35%) of the total number of units at any given time, except such limitation shall not apply to dwelling units subject to U.S. Department of Veteran s Affairs financing, and that any amendment to such provision shall require a 67% majority vote by the owners of the units. Prior to the issuance of the first certificate of occupancy for any dwelling unit, the owner / applicant agrees to submit to the Zoning Administrator a copy of Condominium Documents approved by the Virginia Common Interest Community Board Condominium Documents incorporating this Proffer 5.a. ` 6. The owner / applicant agrees to establish a 15 ft. modified buffer type C adjacent to the Virginia Power easement as generally shown on the rezoning exhibit dated April 11, 2008. Sidewalks shall be permitted within said buffer and berming/ fencing shall not be required. 4
7. The owner / applicant agrees to establish a 25 ft. modified buffer type C where it shares a common boundary with those residential properties which front on Miller Avenue. Existing vegetation within said buffer shall be preserved where practical and improved with vinyl privacy fence with and overall height of 6 ft. at the property line as generally shown on the rezoning exhibit dated April 11, 2008. City Clerk Madison presented the item and identified the following speakers in support of Public Hearing Item (C): Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, representing Bribra Acquisitions Corporation. Brad Waitzer, 242 Mustang Trail, Suite 1, Virginia Beach, representing Bribra Acquisitions Corporation. City Clerk Madison identified the following speaker on Public Hearing Item (C): Rogard Ross, 3800 Rivercrest Place, representing Friends of Indian River. Planning Director Shea presented the staff recommendation. Council Member Parker offered a motion for approval with proffers, as presented. Mayor West asked for a second; the motion was not seconded. Discussion ensued between Council Member Kelly and staff regarding the existing zoning if no action was taken tonight by Council. Council Member Ritter requested a Work Session on February 13, 2018 to further review the proffer reconsideration. Council Member Ritter, on a motion seconded by Council Member Ward, moved to continue PLN-REZ-2017-033 to the February 20, 2018 City Council meeting. On the motion to continue PLN-REZ-2017-033 to the February 20, 2018 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Parker, Ritter, Ward and West. Voting no: Council Member Kelly D. PLN-USE-2017-020 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: 0335001000740 BOROUGH: Deep Creek Staff and the Planning Commission recommended approval with the following stipulations: 1. The applicants/owners agree that the family day home shall not provide care for more than twelve (12) children at any one time, excluding the provider s own children and those who reside in the home. 2. The family day home shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and State law. 3. The applicants/owners agree that the family day home hours of operation shall be between 6:00 A.M. to 6:00 P.M., Monday through Friday. 4. The applicants/owners agree that the outdoor playtimes for the family day home shall be between the hours of 9:30 A.M. to 11:00 A.M., and 3:30 P.M. to 4:30 P.M., with no more than six (6) children outside at one time. 5
5. The applicants/owners shall maintain the existing six-foot privacy fence around the perimeter of the rear yard. 6. This conditional use permit is limited to the applicant only. 7. The family day home shall have no more than one (1) additional employee/volunteer, not residing in the residence. City Clerk Madison presented the item and identified the following speakers in support of Public Hearing Item (D): Truly Conner, 3408 Foxfield Drive, representing Conner s Cozy Care. Fred Conner, 3408 Foxfield Drive, representing Conner s Cozy Care. Laura Williams, 5404 Royal Tern Court, representing self. Planning Director Shea presented the staff recommendation. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of PLN-USE-2017-020, with stipulations, as presented. City Attorney Proctor, at the request of Mayor West, clarified the process for City Council to amend the conditional use permit stipulations. Mayor West requested Ms. Conner to return to the podium to answer questions from Council Members. Discussion ensued between Council Members and Ms. Conner on amending the number of children in the day home; Mayor West explained the proposed change in policy to Ms. Conner. Council Member Ward asked Ms. Conner if she would agree to amend stipulation #1 to limit the number of children from twelve to eight, excluding the provider s own children and those who reside in the home; Ms. Conner agreed to amend stipulation #1. Council Member Parker, as the second on the motion, agreed to amend stipulation #1. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of PLN-USE-2017-020, with stipulations and amended stipulation #1 to limit the number of children to eight, exluding the provider s own children and those who reside in the home. There was no additional discussion. On the motion to approve PLN-USE-2017-020, with stipulations and amended stipulation #1 to limit the number of children to eight, exluding the provider s own children and those who reside in the home, voting yes: Council Members Craig, Parker, Ritter and Ward. Voting no: Mayor West and Council Members Davis, de Triquet, Ike and Kelly The motion to approve failed. E. PLN-USE-2017-037 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: 0221004000260 BOROUGH: Western Branch 6
Staff and the Planning Commission recommended approval with the following stipulations: 1. The applicant/owners agree that the after school program will be limited to no more than twelve (12) children. 2. The applicant/owners agree that the hours of operation shall be limited to 2:20 p.m. to 6:00 p.m. Monday through Friday, only during the Chesapeake public school s calendar year. 3. The after school program shall operate in accordance with the requirements of the Chesapeake City Code, Zoning Ordinance and state law. 4. The applicant/owner shall maintain the existing six-foot and four and a halffoot privacy fences around the perimeter of the rear yard. 5. This conditional use permit is limited to the applicants only. 6. The family day home shall have no more than one (1) additional employee/volunteer, not residing in the residence. City Clerk Madison presented the item and identified the following speaker in support of Public Hearing Item (E): Laura Williams, 5404 Royal Tern Court, representing Inquiring Minds After School Program. Planning Director Shea presented the staff recommendation. Council Member Ritter, on a motion seconded by Council Member Davis, moved approval of PLN-USE-2017-037, with stipulations, as presented. Council Member Davis voiced his opposition to the motion. Council Member Davis, on a substitute motion, seconded by Council Member Parker, moved to continue PLN-USE-2017-037 to the February 20, 2018 City Council meeting. City Manager Baker reassured Council Member Ward that the Level II policy had been created and would be on the February 20, 2018 City Council agenda. Council Member Ritter offered comments. Council Member Ike stated, in all fairness, PLN-USE-2017-020, Conner Cozy Care, should have been continued to the February 20, 2018; Mayor West and Council Member Craig concurred. Discussion ensued between Council Members and staff on the protocol of changing the Council action taken on PLN-USE-2017-020, Conner Cozy Care. On the motion to approve PLN-USE-2017-037, with stipulations, as presented, voting yes: Council Members Craig, Davis, de Triquet, Parker, Ritter, Ward and West. Voting no: Council Members Ike and Kelly F. #18-O-001 PLN-STCL-2017-005 Commerce Ave & Holly Ave Street Closure APPLICANT: CenturyLink Communications AGENT: Williams Mullen PROPOSAL: A street closure petition to close an 11,359 square foot portion of Commerce Avenue and a 5,690 square foot portion of Holly Avenue. ZONE: O & I, Office & Institutional District LOCATION: North and west of the intersection of Commerce Avenue and Holly Avenue TAX MAP SECTION/PARCEL: 1340000010071 BOROUGH: South Norfolk 7
Staff and the Planning Commission recommended approval with the following stipulations: 1. The petitioner agrees to pay the City of Chesapeake through the Planning Department the sum of $25,000.00, 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 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 street. 4. The petitioner agrees to vacate all interior lot lines between properties they own adjacent to both closed rights-of-way leaving only one parcel under their ownership. Further, the applicant/owner shall remove three (3) feet of the existing 8 sewer at the intersection of Holly and Commerce. Also, the petitioner shall install a SS-13 mainline cleanout box inside the remaining right-of-way at the intersection of Holly and Commerce, and abandon the sewer located in the right-of-way closed by this application. All of the requirements of this condition shall be subject to the review and approval of the Director of Public Utilities or designee and shall be completed prior to issuance of a certificate of occupancy on the property. 5. The petitioner agrees to dedicate public drainage easements within the area subject to this street closure, as deemed necessary by the Director of Development and Permits or designee. All such dedications shall made on forms acceptable to the City Attorney and shall be recorded prior to final site plan approval for any new construction. City Clerk Madison presented the item and identified the following speaker in support of Public Hearing Item (F): Grady Palmer, 999 Waterside Drive, representing CenturyLink Communications. Planning Director Shea presented the staff recommendation. Council Member Ritter, on a motion seconded by Council Member Ward, moved approval of PLN-STCL-2017-005, with stipulations, as presented. On the motion to approve PLN-STCL-2017-005, with stipulations, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Parker, Ritter, Ward and West. Voting no: None G. #18-O-002 PLN-TXT-2017-010 Computer-Based Gaming Establishments An Ordinance Amending Appendix A of the City Code, Entitled "Zoning," Article 3, Section 3-403; Article 7, Section 7-602; and Article 8, Section 8-602; to delete the definition of computer-based gaming establishments and to eliminate computerbased gaming as a conditional use in the B-2, General Business District; M-1, Light Industrial District; and M-2, General Industrial District. Staff and the Planning Commission recommended approval with version dated 8
November 30, 2017. City Clerk Madison presented the item and identified the following speakers in support of Public Hearing Item (G): Rogard Ross, 3800 Rivercrest Place, representing Friends of Indian River. Sharon Komenda, 3800 Rivercrest Place, representing self. Council Member Ward, on a motion seconded by Council Member Parker, moved approval of PLN-TXT-2017-010 version dated November 30, 2017, as presented. Council Member Ward offered comments of appreciation to Mr. Ross for his participation in the community. There was no additional discussion. On the motion to approve PLN-TXT-2017-010 version dated November 30, 2017, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Parker, Ritter, Ward and West. Voting no: None UNFINISHED BUSINESS Mayor West asked City Council Members for any Unfinished Business; there was none. NEW BUSINESS Mayor West recognized Council Member Davis. Council Member Davis, on a motion seconded by Council Member Ward, moved to suspend the City Council Rules of Order and Procedure to allow the reconsideration of PLN-USE-2017-020, Conner Cozy Care. On the motion to suspend the City Council Rules of Order and Procedure to allow the reconsideration of PLN-USE-2017-020, Conner Cozy Care, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Parker, Ritter, Ward and West. Voting no: None Council Member Davis, on a motion seconded by Council Member Ward, moved approval of the reconsideration of PLN-USE-2017-020, Conner Cozy Care, at the February 20, 2018 City Council meeting. On the motion to approve the reconsideration of PLN-USE-2017-020, Conner Cozy Care, at the February 20, 2018 City Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Parker, Ritter, Ward and West. Voting no: None Mayor West asked City Council Members for any additional New Business; there was none. BENEDICTION Council Member Ward offered the benediction. 9