Docket Item "A" R(C)-12-01 Seagate Terminals

CITY COUNCIL PACKAGE FOR SEPTEMBER 18, 2012

Page 1 – 2 Application Summary 3 – 5 Planning Commission Minutes 6 – 13 Proffer Statement

14 – 19 Staff Reports: June 25, 2012 20 – 31 June 5, 2012 32 Fiscal Impact Analysis 33 Site Plan 34 Aerial 35 GIS Parcel Exhibit

1 APPLICATION SUMMARY

R(C)-12-01 Seagate Terminals

LOCATION: Western terminus of Jefferson Street

PROPOSAL: A conditional zoning reclassification of 23.32 acres from PUD, Planned Unit Development to M-2, General Industrial District.

SUBMITTED: 1-9-12 ACKNOWLEDGED BY COUNCIL: 3-13-12

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATES: 3-14-12, 5-9-12, 6-19-12, 7-11-12

RECOMMENDATION: APPROVAL with proffers

VOTE: 6 - 2

CITY COUNCIL

HEARING DATE: 8-21-12

ACTION: CONTINUED to September 18, 2012

VOTE: 6 – 3 (Ritter/Ward, Craig, Ike and de Triquet opposed)

ATTACHMENTS

Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(C)-12-01 Seagate Terminals

APPLICANT/ OWNER: Seagate Terminals, LLC Attn: Kevin Glover PO Box 546 Savannah, GA 31402 123-4567 kglover@dulanyind.com Members: Seagate Handling, Inc.

Kevin Glover, President

AGENCY: Engineering Services, Inc. Attn: Mr. Walton P. Burkhimer, Jr., PE 3351 Stoneshore Road Virginia Beach, VA 23452 468-6800

3 Chesapeake Planning Commission

DRAFT July 11, 2012 Public Hearing Minutes

R(C)-12-01 PROJECT: Seagate Terminals APPLICANT: Seagate Terminals, LLC AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of 23.32 acres from PUD, Planned Unit Development to M-2, General Industrial District. PROPOSED COMP LAND USE / DENSITY: Water Related Industry EXISTING COMP LAND USE / DENSITY: Poindexter Street Strategic Development Plan LOCATION: 120 Jefferson Street TAX MAP SECTION/PARCEL: 1320000000020 BOROUGH: South Norfolk (Continued from the June 13, 2012 Public Hearing)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-12-01 be APPROVED with the following proffers. (6-2; Perry/Small, Bell and Hutchinson opposed, Papasodora-Cochrane excused)

1. The applicant/owner agrees that shipping containers, as defined in the Chesapeake Zoning Ordinance, shall not be stacked more than one container high on the property.

2. The applicant/owner agrees that no chemical or material which is listed on the “List of Highly Hazardous Chemicals, Toxics and Reactives (Mandatory)”, which is Appendix A to §1910.119 of the Code of Federal Regulations (CFR), Part Number 1910, Part Title “Occupational Safety and Health Standards,” Subpart H, Subpart Title “Hazardous Materials,” as published in the Federal Register (57 FR 7847, March 4, 1992 amended 76 FR 80738,December 27, 2011), shall be received, handled or stored on the property in any amount. Furthermore, the applicant/owner agrees that no application shall be filed with the City of Chesapeake for any land use that includes any chemical, toxic or reactive listed in Appendix A as referenced in the previous sentence.

Mrs. Hanson read R(C)-12-01 into the record for Commission review and action.

Staff Presentation:

Mr. McKay stated that based on sound planning practices, Planning staff recommended R(C)-12-01 be APPROVED with the stipulations as listed in the official agenda.

4 Chesapeake Planning Commission

DRAFT July 11, 2012 Public Hearing Minutes Proponent:

Walton P. “Pete” Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Kevin Glover, President, 1750 E. President Street, Savannah, Georgia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Handling, Inc. and Seagate Terminals.

Edwin W. King, Jr., Edwin W. King, Jr. P.C., 2 East Bryan Street, Suite 1203, Savannah, Georgia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Anthony M. Thiel, Attorney, Wilcox & Savage, P.C., Wells Fargo Center, 440 Monticello Avenue, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Cannon Moss, President, Norfolk & Portsmouth Belt Line, 1340 Truxton Street, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Clifford Bocchicchio, Environmental Manager, Roanoke Cement, 1151 Azalea Garden Road, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Mark Stein, Environmental Manager, Kerneos, 1316 Priority Lane Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Douglas Higginbotham, President, Tidewater Global, LLC, 802 West Lake Circle, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

David Host, Chairman & CEO, T. Parker Host, 500 Plume Street East, Suite 600, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-12-01 representing Seagate Terminals.

Opponent:

Robert Briggs, 924 Kinglet Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-12-01 representing South Norfolk Civic League.

Burnie Mansfield, 1144 Virginia Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-12-01 representing himself.

Tammi Amick, 1528 Chesapeake Avenue, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-12-01 representing South Norfolk Revitalization Commission.

5 Chesapeake Planning Commission

DRAFT July 11, 2012 Public Hearing Minutes Those who spoke in opposition were concerned about what was going to be stored on the property and how it would be stored. They wanted protection for the surrounding area and requested a stipulation or proffer be added stating any materials that they handled would be stored in a container or inside a building. They did not want anything stored outside. It was also mentioned that chemicals would be exposed and it could be a safety issue and stated this was not the right location for this project.

COMMISSION DISCUSSION:

Chairman Johnson wanted to hear more information about the term “dual rail” and questioned why the railroad would not support residential development on this site. The President of the Belt Line stated that there were six big railroads in the United States. He said that two are on the eastern half of the United States, on the Mississippi River. He went on to say most companies only had one or the other but they interchanged with both of the big ones, the NS and CSX. The applicant would have a competitive edge having access to both railroads.

He also stated that they were not in support of residential development for this property because they did not support or allow road crossings on the tracks. He said it would be a liability for the railroad and there would be safety issues involved. Traffic would be blocked in or out and for long periods of time if allowed.

COMMISSION VOTE:

Commissioner Perry moved that R(C)-12-01 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Small seconded the motion. The motion was carried by a vote of 6 - 2. Commissioners Hutchinson and Bell voted against the motion. Commissioner Papasodora-Cochrane was excused.

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Seagate Terminals R(C)-12-01 APPLICANT: Seagate Terminals, LLC AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of 23.32 acres from PUD, Planned Unit Development to M-2, General Industrial District. PROPOSED COMP LAND USE / DENSITY: Water Related Industry EXISTING COMP LAND USE / DENSITY: Poindexter Street Strategic Development Plan LOCATION: Western terminus of Jefferson Street TAX MAP SECTION/PARCEL: 1320000000020 BOROUGH: South Norfolk