City of Chesapeake Chesapeake Planning Commission PUBLIC HEARING MINUTES September 13, 2017 CITY COUNCIL CHAMBER - 7:00 P.M. Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 Call to Order: Chairman Williams called the Chesapeake Planning Commission Public Hearing of September 13, 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: Commissioner Perry 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 George Van Laethem, Commissioner Excused John McCormick, Commissioner Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Recording Secretary and Assistant Planning Director Jennifer Joseph, Assistant to the Recording Secretary and Office Specialist Timothy Howlett, Planning Administrator Hoa Dao, Senior Planner Bill McKay, Senior Planner Alexis Baker, Senior Planner City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Ed West, Engineer Department of Development and Permits Present Jay Tate, PE, Development and Permits Director
Page 2 APPROVAL OF MINUTES: Chairman Williams presented the August 9, 2017 Public Hearing minutes into the record for Commission action. PLANNING COMMISSION ACTION: MINUTES for the August 9, 2017 Public Hearing were APPROVED by unanimous consent.
ITEMS FOR CONTINUANCE OR WITHDRAWAL: Chesapeake Planning Commission Page 3 1. PLN-REZ-2016-014 PROJECT: Fernwood Chase APPLICANT: Allen J. Gordon Trust and SAS Associates AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of approximately 92.1 acres from A-1, Agricultural District to R-MF-1, Multifamily Residential District (30.4 acres more or less), B-1, Neighborhood Business District (1.4 acres more or less) and C-1, Conservation District (60.3 acres more or less). PROPOSED COMP LAND USE / DENSITY: Low Density Residential/4.16 dwelling units per acre and Business/Commercial EXISTING COMP LAND USE / DENSITY: Low Density Residential/Less than 8 dwelling units per acre and Business/Commercial LOCATION: Southeast corner of the intersection of Great Bridge Boulevard and Fernwood Farms Road TAX MAP SECTION/PARCELS: 0360000000990, 0360000000980, 0360000001000, and 0360000000981 BOROUGH: Washington (Continued 30 days from the August 9, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the October 11, 2017, Public Hearing. (6-1; Van Laethem/Johnson, Williams opposed, McCormick excused) Ms. Shea stated that the applicant had requested a continuation to the October 11, 2017, Public Hearing. Staff had no objection to the request. Proponent: Grady Palmer, 999 Waterside Drive, Norfolk, Virginia, agent. Mr. Palmer stated that due to application revisions and proffers being submitted, he requested a 30-day continuance. Opposition: David Hinshaw, 1000 Cherrytree Lane, Chesapeake, Virginia. Mr. Hinshaw is opposed to the continuance. The additional time will not address the community s concerns regarding traffic, drainage, and school impacts.
Page 4 George Miller, 831 Rivanna River Reach, Chesapeake, Virginia, Riverwalk HOA President for Kings Ford. Mr. Miller is opposed to continuance. The continuance will not address the community s concerns regarding flooding, and the lack of a wide enough buffer. Other concerns consists of traffic, schools, and density. Bonnie Perry, 855, Rivanna River Reach, Chesapeake, Virginia. Ms. Perry is opposed to the project and continuance. She is concerned about flooding and wildlife impacts. Traffic with the possibility of commercial component on Great Bridge Boulevard is also a concern. Jason Roadcap, 631 Fernwood Farms Road, Chesapeake, Virginia. Mr. Roadcap is opposed to the continuance and project. He is concerned about environmental and wildlife impacts. Sarah Schick, 814 Shenandoah River Road, Chesapeake, Virginia. Ms. Schick is opposed to the project and continuance. She is concerned with drainage impacts on Fernwood Farms Road and would like to see an environmental assessment and drainage plan. James Scott, 174 Driftwood Drive, Chesapeake, Virginia. Mr. Scott is opposed to the project and continuance. He is concerned with flooding and flood insurance cost increase. John Weinreich, 1302 Eastern Way, Chesapeake, Virginia, Dominion Lakes HOA President. Mr. Weinreich is opposed to the project and continuance. The developer has not met with the Dominion Lakes Home Owners Association and they have concerns with the project. COMMISSION DISCUSSION: Commissioner Williams does not support the continuance and prefers to have the application disposed of tonight. He does not see how any changes would improve the application. Commissioner Van Laethem moved that PLN-REZ-2017-014 be CONTINUED to the October 11, 2017, Public Hearing as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 6-1. Chairman Williams opposed. Commissioner McCormick excused.
Page 5 2. PLN-REZ-2017-003 PROJECT: CRMC Hanbury Road APPLICANT: Chesapeake Hospital Authority, dba Chesapeake Regional Medical Center PROPOSAL: A conventional 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: 0600000002300, 0602003000004 BOROUGH: Pleasant Grove (Continued 60 days from the July 12, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the November 8, 2017, Public Hearing. (6-1; Van Laethem/Johnson, Williams opposed, McCormick excused) Ms. Shea stated that the applicant had requested a continuation to the November 8, 2017, Public Hearing. Staff had no objection to the request. Proponent: Pete Burkhimer, 448 Viking Drive, Virginia Beach, Virginia, will standby for questions. Commissioner Van Laethem moved that PLN-REZ-2017-003 be CONTINUED to the November 8, 2017, Public Hearing as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 6-1. Chairman Williams opposed. Commissioner McCormick excused.
Page 6 3. PLN-USE-2017-005 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: 0600000002300, 0602003000004 BOROUGH: Pleasant Grove (Continued 60 days from the July 12, 2017 Planning Commission Public Hearing) PLANNING COMMISSION ACTION: CONTINUED to the November 8, 2017, Public Hearing. (6-1; Van Laethem/Johnson, Williams opposed, McCormick excused) Ms. Shea stated that the applicant had requested a continuation to the November 8, 2017, Public Hearing. Staff had no objection to the request. Proponent: Pete Burkhimer, 448 Viking Drive, Virginia Beach, Virginia, will standby for questions. Commissioner Van Laethem moved that PLN-USE-2017-005 be CONTINUED to the November 8, 2017, Public Hearing as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 6-1. Chairman Williams opposed. Commissioner McCormick excused.
Page 7 CONSENT AGENDA: 5. PLN-USE-2017-032 PROJECT: CHKD Hours Extension APPLICANT: Children s Hospital of the King s Daughters, Inc. AGENT: R.J. Nutter II, Esq. PROPOSAL: A conditional use permit to allow an existing Medical Care Facility to extend their hours of operation. ZONE: PUD, Planned Unit Development LOCATION: 817 Volvo Parkway TAX MAP SECTION/PARCEL: 0373002000442 BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: APPROVED with the following stipulation: (7-0; Ellis/Gilbert, McCormick excused) The owner/applicant agrees that the hours during which patients will be received at the facility will be the following: Monday through Sunday 8:00 a.m. to 11:00 p.m. Mrs. Shaffer read PLN-USE-2017-032 into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE-2017-032 be APPROVED with the stipulation as listed in the official agenda. Proponent: Robert Beaman, 222 Central Park Avenue, Suite 2000, Virginia Beach, Virginia, representing applicant, will standby for questions. Commissioner Ellis moved that PLN-USE-2017-032 be APPROVED with the stipulation as listed in the official agenda and as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-0. Commissioner McCormick excused.
Page 8 6. PLN-TXT-2017-007 An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 15, Section 15-108, to amend the provisions referencing nonconforming structures to allow for structures for which no permit is required to comply with state law changes enacted by the 2017 session of the General Assembly. PLANNING COMMISSION RECOMMENDATION: APPROVED, version dated July 27, 2017: (7-0; Ellis/Gilbert, McCormick excused) Mrs. Shaffer read PLN-TXT-2017-007 into the record for Commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings listed in the staff report, planning staff recommended that PLN-TXT-2017-007, version dated July 27, 2017 be APPROVED as listed in the official agenda. Commissioner Ellis moved that PLN-TXT-2017-007, version dated July 27, 2017, be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-0. Commissioner McCormick excused REGULAR AGENDA: 4. PLN-USE-2017-020 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: 0335001000740 BOROUGH: Deep Creek
Page 9 PLANNING COMMISSION RECOMMENDATION: CONTINUED to the November 8, 2017 Public Hearing: (7-0; Van Laethem/Gilbert, McCormick excused) Mrs. Shaffer read PLN-USE-2017-020 into the record for Commission review and action. Staff Presentation: Mr. Dao stated that based on the findings in the staff report, planning staff recommended that PLN-USE-2017-020 be APPROVED with stipulations as listed in the official agenda. Commissioner Van Laethem moved that PLN-USE-2017-020 be CONTINUED to the November 8, 2017 Public Hearing. Commissioner Gilbert seconded the motion. The motion was carried by a vote of 7-0. Commissioner McCormick excused. 7. PLN-TXT-2017-004 An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 14, Section 14-1000 thereof, to allow a one-foot setback for freestanding book exchanges, said setback to be measured from the interior of the sidewalk or if no sidewalk exists, from the edge of pavement of the adjacent street, provided that any required right-of-way permit is issued by the City and that the supporting posts are not permanently installed with concrete; and that no portion of the structure overhangs the sidewalk or the paved street; and further to clarify that freestanding book exchanges installed on municipal public property by other than a public entity shall require a license agreement from the City. PLANNING COMMISSION RECOMMENDATION: DENIED, based on the findings of staffs report. (7-0; Kish/Van Laethem, McCormick excused) Mrs. Shaffer read PLN-TXT-2017-004 into the record for Commission review and action.
Page 10 Staff Presentation: Mrs. Baker stated that based on findings contained in the staff report, planning staff recommended that PLN-TXT-2017-004 version dated August 3, 2017 be DENIED. COMMISSION DISCUSSION: Commissioner Kish asked Ms. Baker if freestanding book exchanges would be permitted under the existing ordinance. Ms. Baker stated that the current code allows freestanding book exchanges with a five foot setback from the public right-of-way. Commissioner Kish stated that allowing a one-foot setback from the sidewalk could introduce danger to those using the sidewalk and cannot support the text amendment. Commissioner Kish moved that PLN-TXT-2017-004 version dated August 3, 2017 be DENIED as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 7-0. Commissioner McCormick excused. DIRECTOR'S ITEMS: None UNFINISHED AND NEW BUSINESS: Chairman Williams asked if any Planning Commissioners objected to the cancellation of the September 27, 2017 meeting due to there being no business. There were no objections. PLANNING COMMISSION ACTION: Cancellation of the September 27, 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 7:34 p.m. Respectfully submitted, Karen E. Shaffer, AICP Recording Secretary and Assistant Planning Director KS/jj
APPROVED: October 11, 2017. Chesapeake Planning Commission Page 11