City of Chesapeake PUBLIC HEARING MINUTES February 8, 2012 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX (757) 382-6406 Call to Order: Chairman Johnson called the Public Hearing of February 8, 2012, to order at 7:00 p.m. in the City Council Chambers. Invocation: Commissioner Gerloff offered the Invocation for the evening. Pledge of Allegiance: Officer Ron Curry, Chesapeake Police, led in the Pledge of Allegiance to the United States Flag. Roll Call: Present Stephens L. Johnson, Chairman John A. Kish, Vice-Chairman Joshua C. Gerloff, Secretary Gregory A. Bell, Commissioner Dr. Sandi B. Hutchinson, Commissioner George R. Van Laethem, Commissioner David J. Whitted, Commissioner Absent Karen Papasodora-Cochrane, Commissioner William C. Small, Commissioner Department of Planning Staff Present Brent R. Nielson, Planning Director Karen E. Shaffer, Assistant Planning Director Beverly R. Hanson, Recording Secretary and Office Coordinator Timothy M. Howlett, Planning Administrator Jennifer S. White, Planner Mark A. Hobbs, Planner City Attorney Staff Present Grady Palmer, Assistant City Attorney Department of Public Utilities Staff Present Keith Slicer, Engineer Department of Development and Permits Present Jay Tate, PE, Development and Permits Director
Page 2 APPROVAL OF MINUTES: Mrs. Hanson presented the January 11, 2012 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the January 11, 2012 Public Hearing were APPROVED. (7-0; Whitted/Bell, Papasodora-Cochrane and Small excused) Commissioner Whitted moved that the MINUTES for the January 11, 2012 Public Hearing be APPROVED. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora- Cochrane and Small were excused. ITEMS FOR CONTINUANCE OR WITHDRAWAL: R(C)-11-11 PROJECT: Western Branch Reserve APPLICANT: Western Branch Reserve Land, LLC AGENCY: Site Improvement Associates, Inc. PROPOSAL: A conditional zoning reclassification of 25.83 acres from R-10s, Residential District, to R-MF-1, Multifamily Residential District to allow 157 single family detached condominiums. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: North side of Bruce Road approximately 350 feet east of Taylor Road TAX MAP SECTION/PARCEL: 0090000001073 BOROUGH: Western Branch (Continued from the December 14, 2011 Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the May 9, 2012 Public Hearing. (7-0; Whitted/Bell, Papasodora-Cochrane and Small excused) Mr. Nielson stated that the applicant had requested a continuation to the May 9, 2012 Public Hearing, to allow additional time to address neighboring
Page 3 citizens who were in opposition to the application. Staff had no objection to the request. Commissioner Whitted moved that R(C)-11-11 be CONTINUED to the May 9, 2012 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora-Cochrane and Small were excused. TA-Z-11-08 An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 12, Section 12-722 thereof, to adopt the 2012 amendments to The Historic and Cultural Preservation Overlay District Design Guidelines for the South Norfolk Historic District to include provisions clarifying the process and standards for requesting a substitute roofing material based on an economic hardship. PLANNING COMMISSION ACTION: CONTINUED to the April 11, 2012 Public Hearing. (7-0; Whitted/Bell, Papasodora-Cochrane and Small excused) Mr. Nielson stated that the staff had requested a continuation to the April 11, 2012 Public Hearing, to allow additional time to complete the ordinance and to allow for the necessary review by other stakeholders such as the Board of Historic and Architectural Review. Commissioner Whitted moved that TA-Z-11-08 be CONTINUED to the April 11, 2012 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora-Cochrane and Small were excused.
Page 4 UP-11-23 PROJECT: VICO Construction Debris Solid Waste Facility APPLICANT: Vico Construction Corp & Catapano Viola Corp, ET ALS AGENCY: Hassell and Folkes, PC PROPOSAL: A conditional use permit to allow a solid waste management facility for construction debris on 14.5 acres. ZONE: M-1, Light Industrial District LOCATION: Terminus of Enterprise Circle SIC CODE: 495 TAX MAP SECTION/PARCELS: portions of 0240000000527, 0240000000500, 0230000001740 and 0230000001734 PLANNING AREA: Deep Creek PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2012 Public Hearing. (7-0; Whitted/Bell, Papasodora-Cochrane and Small excused) Mr. Nielson stated that the applicant had requested a continuation to the March 14, 2012 Public Hearing, to allow additional time to revise the application based on recently discovered knowledge that there was a residence within 1000 feet of the proposed concrete crushing operation. Staff had no objection to the request. Commissioner Whitted moved that UP-11-23 be CONTINUED to the March 14, 2012 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora-Cochrane and Small were excused. UP-11-27 PROJECT: Used Tire Express APPLICANT: Tire Express of North America T/A Used Tire Express AGENCY: Outland, Gray, O Keef & Hubbard PROPOSAL: A conditional use permit application to allow the retail sale and installation of new and used tires on automobiles. ZONE: B-2, General Business District LOCATION: 437 Battlefield Boulevard, North SIC CODE: 7539 TAX MAP SECTION/PARCEL: 0482001000520 PLANNING AREA: Greenbrier
Page 5 PLANNING COMMISSION ACTION: CONTINUED to the March 14, 2012 Public Hearing. (7-0; Whitted/Bell, Papasodora-Cochrane and Small excused) Mr. Nielson stated that the applicant had requested a continuation to the March 14, 2012 Public Hearing, to allow time to address additional comments from the Zoning Administrator. Staff had no objection to the request. Commissioner Whitted moved that UP-11-27 be CONTINUED to the March 14, 2012 Public Hearing as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora-Cochrane and Small were excused. CONSENT AGENDA: UP-11-21 PROJECT: Peebles Golf Cars APPLICANT: KLBL South, Inc. AGENCY: Riddle and Associates Inc. PROPOSAL: A conditional use permit for the sales, service, and rentals of golf cars and related products and to exceed the area used for outside storage and display of merchandise required under Section 7-402.E.2.c. ZONE: B-3, Highway Business District LOCATION: 1122 South Military Highway SIC CODES: 5551, 5552, 5556, 5557, 7359 TAX MAP SECTION/PARCEL: 0206001002530 BOROUGH: Washington (Continued from the January 11, 2012 Public Hearing) (This item was approved for concurrent advertising and will be heard by City Council on February 21, 2012) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-11-21 be APPROVED with the following stipulations: (7-0; Van Laethem/Bell, Papasodora-Cochrane and Small excused) 1. The owner/applicant shall re-establish the roadside drainage swale and roadway shoulder along the Weber Avenue frontage as shown on the Kasan Sales plan by removing excess gravel and grading to continue up to and
Page 6 match grade at the adjacent parcel 1924 Weber Avenue, tax map number 0206001002691. The applicant/owner shall complete these efforts, request an inspection and receive acceptance of the restorations by the Department of Developments and Permits, Engineering Division, before requesting a final certificate of occupancy for the subject property. 2. The applicant/owner agrees to install the landscape plan prepared by the Environmental Coordinator date stamped January 9, 2012. All required landscaping improvements shall be installed prior to a certificate of occupancy. 3. The applicant/owner shall subdivide the existing billboard located on the property onto its own lot in accordance with Section 14-706.C.1 of the Zoning Ordinance no later than June 30, 2012 or before the issuance of a final certificate of occupancy whichever occurs last. 4. The areas for outdoor storage and display are limited to those areas indicated on the site plan, stamp dated December 15, 2011. 5. The applicant/owner agrees to relocate the chain link fence encroaching upon tax parcel 0206001002690 onto their property (approximately 10 feet from the property line). With the relocation of the fence, the applicant/owner agrees to remove any extraneous trees and other vegetation adjacent to tax parcel 0206001002690. The landscaping adjacent to tax parcel 0206001002690 shall be installed at the top of the bank and along the south side of the fence. All the above shall be completed prior to a certificate of occupancy. Mrs. Hanson read UP-11-21 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-11-21 be APPROVED with the stipulations as listed in the official agenda. Proponent: Bert Zatac, 4824 Lookesview Road, Lynchburg, Virginia, appeared before the Commission on behalf of UP-11-21 representing the applicant.
Page 7 Commissioner Van Laethem moved that UP-11-21 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Papasodora-Cochrane were excused. UP-11-26 PROJECT: American Family RV APPLICANT: American Family RV AGENCY: Pinnacle Group Engineering, Inc. PROPOSAL: A conditional use permit to operate a recreational vehicle dealership on approximately 3 acres. ZONE: B-2, General Business SIC CODE: 556 LOCATION: 1115 Battlefield Boulevard, South TAX MAP SECTION/PARCEL: 0600000001568 PLANNING AREA: Great Bridge (This item was approved for concurrent advertising and will be heard by City Council on February 21, 2012) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-11-26 be APPROVED with the following stipulation: (7-0; Van Laethem/Bell, Papasodora-Cochrane and Small excused) The applicant/owner agrees to maintain the existing buildings in substantial conformance with the architectural elevations dated May 25, 2004, submitted with application UP-04-25 approved by City Council on June 15, 2004, and with all previously approved site plans and building plans. Any revisions to previously approved plans shall demonstrate compliance with the requirements of Traffic Corridor Overlay District (TCOD) as determined by the Director of Planning or designee. Mrs. Hanson read UP-11-26 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-11-26 be APPROVED with the stipulation as listed in the official agenda.
Page 8 Commissioner Van Laethem moved that UP-11-26 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Papasodora-Cochrane were excused. UP-11-28 PROJECT: Tisha s Little Stars Daycare APPLICANT: Artisha Sheppard PROPOSAL: A conditional use permit to operate a child daycare facility within an existing church. ZONE: R-8s, Residential District SIC CODE: 8351 LOCATION: 1119 Lindale Drive TAX MAP SECTION/PARCEL: 0271008000001 PLANNING AREA: Rivercrest PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that UP-11-28 be APPROVED with the following stipulation: (7-0; Van Laethem/Bell, Papasodora-Cochrane and Small excused) Waiting vehicles shall be stored on private property clear of driveways and circulation paths so that traffic back-up does not interfere with movement on adjacent streets. Mrs. Hanson read UP-11-28 into the record for Commission review and action. Staff Presentation: Mrs. Hanson stated that based on sound planning practices, Planning staff recommended UP-11-28 be APPROVED with the stipulation as listed in the official agenda. Commissioner Van Laethem moved that UP-11-28 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7-0. Commissioners Papasodora-Cochrane and Small were excused.
Page 9 REGULAR AGENDA: R(C)-11-10 PROJECT: Rivers Edge on the Intracoastal APPLICANT: David Dow, LLC AGENCY: Hoggard-Eure Associates, PC PROPOSAL: A conditional zoning reclassification of approximately 3.8 acres from M-1, Light Industrial District to R-10, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 100 Fernwood Farms Road TAX MAP SECTION/PARCEL: 0363002000001 PLANNING AREA: Rivercrest PLANNING COMMISSION RECOMMENDATION: CONTINUED to the April 11, 2012 Public Hearing. (7-0; Whitted/Van Laethem, Papasodora-Cochrane and Small excused) Mrs. Hanson read R(C)-11-10 into the record for Commission review and action. Staff Presentation: Mr. Hobbs stated that based on sound planning practices, Planning staff recommended R(C)-11-10 be APPROVED with the proffers as listed in the official agenda. Proponent: Sean Marsden, P.E., Agent, Hoggard-Eure Associates, 901 Port Centre Parkway, Portsmouth, Virginia, appeared before the Commission on behalf of R(C)-11-10 representing the applicant. David Dow, LLC, 700 Port Centre Parkway, Portsmouth, Virginia, appeared before the Commission on behalf of R(C)-11-10 representing himself. Opponent: Gene A. Moore, 221 Fernwood Farms Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-11-10 representing Fernwood Farms Civic League. The citizen who spoke in opposition was concerned with flooding issues and stated it wasn t compatible with the surrounding neighborhood.
Page 10 COMMISSION DISCUSSION: Commissioner Whitted stated he would support a continuance so that the developer could meet with the surrounding home owners and civic league to further discuss this application. Commissioner Whitted moved that R(C)-11-10 be CONTINUED to April 11, 2012. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 7-0. Commissioners Small and Papasodora-Cochrane were excused. TA-Z-11-05 An Ordinance amending Appendix A of the Chesapeake City Code, entitled Zoning, Article 14, Section 14-706, to establish criteria and associated permitting requirements for the use of light-emitting diode (LED) displays on outdoor advertising signs. (Continued from the January 11, 2012 Public Hearing) PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that TA-Z-11-05 be DENIED. (4-3; Van Laethem/Kish, Bell, Johnson, and Whitted opposed, Papasodora-Cochrane and Small excused) Mrs. Hanson read TA-Z-11-05 into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the finding that the proposed amendments are inconsistent with the purpose and intent of the sign ordinance and would increase the degree of nonconformity of outdoor advertising signs, Planning staff recommended TA-Z-11-05 be DENIED as listed in the official agenda. Proponent: Doug Lister, 5547 E. Virginia Beach Boulevard, Virginia Beach, Virginia, appeared before the Commission on behalf of TA-Z-11-05 representing Adams Outdoor Advertising. Stephanie Romine, 999 Waterside Drive, Norfolk, Virginia, appeared before the Commission on behalf of TA-Z-11-05 representing Adams Outdoor Advertising.
Page 11 Commissioner Bell moved that TA-Z-11-05 be APPROVED version dated January 30, 2012 with amendments and as recommended in the staff report. Commissioner Johnson seconded the motion. The motion failed by a vote of 3-4. Commissioners Van Laethem, Kish, Gerloff, and Hutchinson voted against the motion. Commissioners Small and Papasodora-Cochrane were excused. Commissioner Van Laethem moved that TA-Z-11-05 be DENIED as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 4-3. Commissioners Whitted, Johnson, and Bell voted against the motion. Commissioners Small and Papasodora-Cochrane were excused. DIRECTOR'S ITEMS: None UNFINISHED AND NEW BUSINESS: Motion to cancel the February 22, 2012 Public Hearing. APPROVED. (7-0; Kish/Gerloff, Papasodora-Cochrane and Small excused) Commissioner Gerloff announced that the Special Projects Committee would be meeting on February 28 th at 12:00 p.m. in the Planning Department conference room. ADJOURNMENT: There being no further business to bring before the Commission, Chairman Johnson declared the meeting adjourned at 8:35 p.m. Respectfully submitted, Beverly R. Hanson Recording Secretary BRH APPROVED March 14, 2012. (6-0-2; Van Laethem/Whitted, Kish excused, Small, and Papasodora-Cochrane abstained)