Department of Planning

Post Office Box 15225 Chesapeake, Virginia 23328

(757) 382-6176 www.cityofchesapeake.net/planning

AGENDA

Chesapeake Planning Commission PUBLIC HEARING – APRIL 14, 2021

CITY COUNCIL CHAMBER – 7:00 P.M.

Due to the current COVID-19 pandemic and in order to comply with State and Federal recommendations, occupancy in the Council Chamber will be restricted to a limited number of Planning Commissioners and staff.

Option 1 – Provide comments electronically regarding an upcoming agenda item using this form and they will be shared with the Planning Commission. Comments must include your name, address, email, the application number, support or oppose, and your comments. Comments will be forwarded to the Planning Commission prior to the meeting but will not be read into the record.

Option 2 – Provide written comments via letter or email planning@cityofchesapeake.net. Written comments must include your name, address, the number of the agenda item being addressed, the project name, and your comments. Comments will be read into the record during the meeting and must be received no later than 4 p.m. on April 14, 2021.

Option 3 – Provide comments by telephone during the meeting by calling 757-520-1250 between 6 p.m. and 7 p.m. Callers will be required to provide their name, address, and the number of the agenda item being addressed. Callers will be queued to address Planning Commission when their item is heard on the agenda.

A. Call to Order

B. Pledge of Allegiance

C. Invocation

D. Roll Call

E. Approval of Minutes: March 10, 2021

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F. Public Hearing Continuance or Withdrawal Items: 1. PLN-REZ-2020-001

PROJECT: Viridian South APPLICANT: Viridian Reserve Investors, LP OWNER: D&P Real Estate, LLC AGENCY: Site Selection & Design, LLC PROPOSAL: A conditional zoning reclassification of approximately 24.5 acres from A-1, Agricultural District to R-8, Residential District (21.5 acres), and A-1, Agricultural District (3 acres). The applicant also seeks approval of an expansion of the Public Utility Franchise Area. PROPOSED COMP LAND USE / DENSITY: Low Density Residential / 2.57 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Office / Research and Low Density Residential / Less than 4 dwelling units per acre ZONING MAP LOCATION: 1272 Kegman Road TAX MAP SECTION/PARCEL: 0730000001400 PLANNING AREA: Great Bridge (Continued from the October 14, 2020, December 9, 2020, January 13, 2021, March 10, 2021 Planning Commission Public Hearing)

PLN-REZ-2020-001 has been WITHDRAWN by the applicant. No further action by the Planning Commission is necessary.

2. PLN-USE-2020-024 PROJECT: Atlantic Auto Sales APPLICANT/OWNER: Atlantic Auto Sales, LLC AGENT: Mark Ricketts, AES Consulting Engineers PROPOSAL: A conditional use permit to conduct used automobile sales, and outdoor vehicle storage. ZONE: B-2, General Business District ZONING MAP LOCATION: 1041 George Washington Highway N. TAX MAP SECTION/PARCEL: 0252003000110 PLANNING AREA: Deep Creek (Continued from the November 12, 2020, December 9, 2020 Planning, January 13, 2021, February 10, 2021, March 10, 2021 Commission Public Hearing)

Based on the agent’s request, staff recommends that PLN-USE-2020-024 be CONTINUED indefinitely.

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3. PLN-REZ-2019-018 PROJECT: Boyd Property APPLICANT/OWNER: Portsmouth Boulevard Enterprises, LLC AGENCY: Williams Mullen PROPOSAL: A zoning reclassification for 4.2 acres from O&I, Office and Institutional District, A-1, Agricultural District & R-15s, Residential District to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business / Commercial EXISTING COMP LAND USE / DENSITY: Office ZONING MAP

LOCATION: 5028 Portsmouth Boulevard TAX MAP SECTION/PARCEL: 0140000000102

PLANNING AREA: Western Branch (Continued from the March 10, 2021 Planning Commission Public Hearing)

Based on the applicant’s request, staff recommends that PLN-REZ-2019-018 be CONTINUED indefinitely.

4. PLN-USE-2021-002

PROJECT: Carolina Road Equine Boarding APPLICANTS/OWNERS: Kayla & Kyle Avestivo PROPOSAL: A conditional use permit to operate a horse boarding facility as a Level II Home Occupation and request for an alternative parking surface. ZONE: A-1, Agricultural District ZONING MAP LOCATION: 2400 Carolina Road TAX MAP PARCEL: 0880000000140 PLANNING AREA: Southern Chesapeake

Based on the applicant’s request, staff recommends that PLN-USE-2021-002 be CONTINUED to the June 9, 2021, Planning Commission Public Hearing.

G. Public Hearing Regular Items:

5. PLN-USE-2020-030 PROJECT: Cedar Energy Center APPLICANT: Cedar Energy Center, LLC OWNER: Corporate Lane 2003, LLC PROPOSAL: A conditional use permit to allow an energy storage facility on a 9.12 acre parcel, and a 14 foot fence height. ZONE: R-15, Residential District ZONING MAP LOCATION: South side of Cedar Road just west of 1793 Cedar Road TAX MAP SECTION/PARCEL: 0460000000374 PLANNING AREA: Deep Creek (Continued from the November 12, 2020, December 9, 2020, January 13, 2021, February 10, 2021 Planning Commission Public Hearing)

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Based on the findings contained in the staff report dated November 2, 2020, staff recommends that PLN-USE-2020-030 be APPROVED with the following stipulations: 1. The applicant/owner shall provide a City Standard commercial

entrance with a minimum seventy-five (75) feet of paved road adjacent to the entrance. The seventy-five (75) feet of paved surface shall be measured from the back of the entrance apron. All transportation and roadway improvements shall be constructed in compliance with Public Facilities Manual design requirements at the time of final site construction plans review, as determined by the Director of Development and Permits or designee.

2. The applicant/owner shall install and maintain a fence with design and materials substantially similar to the photographs submitted in the letter from East Point Energy, dated October 27, 2020, subject to approval by the Planning Director or designee prior to final site plan approval. The fence shall not exceed the height of fourteen (14) feet. The applicant/owner shall install and maintain a Knox lock box, which shall be subject to the review and approval of the Fire Marshal or designee, on the gate for emergency access prior to initiation of this use.

3. The applicant/owner agrees that the battery containers with platforms shall not exceed fourteen (14) feet in height.

4. The applicant/owner agrees that all battery containers shall be located at least one hundred feet (100’) from the property lines.

5. The applicant/owner agrees to provide and maintain the existing vegetation as a buffer around the perimeter of the site in the locations and dimensions shown on the Preliminary Site Plan dated October 9, 2020. If any vegetation in the buffer is damaged or removed, as determined by the Landscape Coordinator, the buffer must be augmented with evergreen trees six (6) to eight (8) feet tall planted on ten (10) foot centers in the timeframe required by the Landscape Coordinator. Such plantings shall be subject to the review and approval of the Landscape Coordinator.

6. The applicant/owner agrees to construct a sidewalk along the property line adjacent to Cedar Road. This sidewalk shall be shown on the final site construction plan. The construction of the sidewalk shall be subject to the review and approval of the Director of Development and Permits or designee, and shall be completed prior to the issuance of a certificate of occupancy.

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7. The applicant/owner shall comply with the fire and life safety conditions set forth in the agreement with the Fire Department executed on January 28, 2021, and entitled, “Cedar Energy Center, LLC, Fire Department Comments and Stipulations.” The Fire Department shall be responsible for enforcing violations of this stipulation; provided that any such violation may also constitute grounds for revocation of this conditional use permit.

8. The applicant/owner shall provide written notice to the Director of Development and Permits or, designee, at least thirty (30) days in advance of the cessation or abandonment of this use. Within twelve (12) months of the date of cessation or abandonment of this use, the applicant/owner shall decommission the site as provided for in the document entitled, “Cedar Battery Storage Project Decommissioning Plan” dated March 31, 2021, (Decommissioning Plan) on file with the Planning Department. The applicant/owner agrees to financially assure the decommissioning of the site, as required by Section 5 of the Decommissioning Plan, no later than ten (10) business days prior to requesting a building permit, in the amount specified in the decommissioning cost estimate dated March 9, 2021, on file with the Planning Department. The surety shall be subject to the review and approval of the City Attorney’s Office prior to issuance of the building permit. The security requirement shall remain in place for the life of the project and shall not be terminated until the full decommissioning of the site is complete.

6. PLN-TXT-2020-008 An Ordinance amending Article 12 of the Chesapeake Zoning Ordinance to modify off-street parking requirements for eating and drinking places within the South Norfolk Business Overlay District. (Continued from the January 13, 2021, February 10, 2021 Planning Commission Public Hearing)

Based on the findings contained in this staff report, staff recommends that PLN-TXT-2020-008, version dated March 18, 2021, be APPROVED.

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7. PLN-REZ-2018-018 PROJECT: Crestfield APPLICANT/OWNER: Elbow Properties, LLC. AGENCY: American Engineering Associates PROPOSAL: A zoning reclassification of approximately 120 acres from B-1, Neighborhood Business District, A-1, Agricultural District, and R-15s, Residential District, to R-10s, Residential District (65 acres) and A-1 Agricultural District (55 acres). PROPOSED COMP LAND USE / DENSITY: Low-Density Residential with approximately 1.25 dwelling units per acre. EXISTING COMP LAND USE / DENSITY: Low-Density Residential with less than 4 dwelling units per acre, Business/Commercial, and Conservation. ZONING MAP LOCATION: On Elbow Road, approximately 5,600 feet east from the intersection of Elbow Road and Centerville Turnpike North. TAX MAP SECTION/PARCEL: 0390000000383 PLANNING AREA: Greenbrier (Continued from the March 10, 2021 Planning Commission Public Hearing)

Based on the findings contained in this staff report, staff recommends that PLN-REZ-2018-018 be DENIED. However, if Planning Commission decides to approve this rezoning, the following proffers are provided for consideration: 1. a. Number and Configuration of Lots: The applicant/owner agrees

that residential development on the subject property shall be limited to 150 single-family detached residential lots as depicted on the General Development Plan (“GDP”) dated January 21, 2021 prepared by American Engineering Associates, as determined by the Director of Planning or designee. The applicant/owner agrees that development of the Property shall be in substantial conformance with the GDP provided, however, that reasonable adjustments due to final engineering data may be made at the time of final site plan review in accordance with Section 16-204 of the Zoning Ordinance. 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 Department of Development and Permits.

b. Applicability of Proffers Approved in R(C)-95-08: The applicant/owner submits this application as a carve-out from a prior rezoning approval. The 150 lots proposed in this rezoning shall, in addition to the additional and new proffers set forth herein, count towards the applicable total lot/unit limits above which park and roadway improvements are required as set forth in proffer numbers 2 and 13 in R(C)-95-08. Nothing in this application impacts the applicable limits therein.

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2. Design Standards: The applicant/owner agrees to record private covenants and restrictions that would create a Property Owner’s Association, which shall maintain all common areas, and an Architectural Review Board which would adopt Architectural Design Standards required for residential construction within the development. The Design Standards at a minimum shall include items (a) through (h) listed below and shall be reviewed and approved by the Planning Director or her designee prior to approval of the first subdivision plat. The private covenants and restrictions shall include the Design Standards and shall be recorded prior to or concurrently with the first subdivision plat. The applicant/owner further agrees that at the time of application for a Building Permit, the applicant for the building permit shall provide evidence of Architectural Review Board approval to the Department of Development and Permits. The enforcement of said Architectural requirements shall be the sole responsibility of the Property Owner’s Association.

a. The applicant/owner agrees that the architectural design of

the residential structures shall be substantially similar, as determined by the Planning Director or designee, to the architectural renderings titled, “Conceptual Architectural Renderings, Single Family Detached Homes,” dated January 7, 2021.

b. The applicant/owner agrees that the materials to be used on the front, sides and rear of all residential structures shall consist of brick, masonry (stone) cement-based siding or high quality (thickness not less than 0.044”) vinyl siding or substantially similar material, as determined by the Director of Planning, or designee.

c. The applicant/owner agrees to offer a minimum of four (4) elevations for sale within the subdivision.

d. The applicant/owner agrees that only architectural style shingles shall be permitted, and 3-tab shingles shall be prohibited.

e. The applicant/owner agrees that all residential dwellings must have a crawl space or raised/elevated slab. For purposes of this proffer, a “raised/elevated slab” shall mean that the interior floor elevation of the dwelling is not less than 8” higher than the outside ground elevation at the exterior wall of the dwelling. Concrete block shall be finished with brick, stone or stucco, paint or stain and exposed block skirts shall not be permitted.

f. The applicant/owner agrees that each residential dwelling shall be provided with a minimum 1.5 car garage.

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g. The applicant/owner agrees that one-story dwellings shall have a minimum of eighteen hundred (1,800) square feet of heated living space, and two-story dwellings shall have a minimum of twenty-two hundred (2,200) square feet of heated living space.

h. The minimum depth of all front porches shall be 5’. 3. Roadway Dedications, Reservations and Improvements:

a. The applicant/owner agrees to dedicate 11.36 acres of land in fee simple for the City of Chesapeake’s proposed project to widen Elbow Road, including land for pavements, shoulders, medians, storm drainage and stormwater management improvements and other appurtenances typical of a road widening project as depicted on the exhibit entitled, “Right of Way Dedication, Elbow Road” and dated January 21, 2021, on file with the Planning Department. The applicant/owner acknowledges that, at the time of his making this proffer, the City’s plan for said widening improvements are estimated to be 30% complete. Recognizing that the right of way and easement needs may change as the design of the project progresses, the applicant/owner agrees further to dedicate right of way in fee simple and to dedicate easements of various types, with the aggregate area of said right of way and easements not to exceed a total of 15 acres, as determined necessary by the Director of Development and Permits or designee. All dedications referenced herein shall be subject to the review and approval of the Director of Development and Permits or designee and shall be recorded not later than the earlier of either of the following two events:

i. within 60 days after receipt of the City’s request for the

dedications and the deeds and acquisition (“the Acquisition Instruments”) necessary to accomplish the dedications, or

ii. the issuance of a certificate of occupancy for any dwelling unit on the property.

All dedications referenced in this proffer shall be made without cost to the City, other than the City’s cost of preparing the Acquisition Instruments.

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b. The applicant/owner, recognizing the traffic impacts generated by the proposed Crestfield development, particularly on the intersection of Elbow Road and Centerville Turnpike, agrees to make a voluntary cash contribution to the City of Chesapeake for capital improvements to public road facilities to mitigate the impacts of this development. The amount of the voluntary cash contribution shall be a lump sum of five hundred thousand dollars ($500,000.00). The applicant/owner agrees to make the proffered cash contribution prior to the recordation of the 76th lot in the Crestfield community. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake’s “lock box”, also known as the General Fund Reserve for future capital needs and shall be subject to City Council approval prior to appropriation and use for capital improvements as permitted by the Chesapeake Proffer policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash contributions may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be allocated as follows: Roads $500,000.00.

c. The applicant/owner agrees to construct a drive aisle (the

Park Access Drive), whose physical configuration shall be the same as that of a RW-50 as set forth in the City’s Public Facilities Manual, off of the westernmost public road connecting to Elbow Road as depicted on the aforementioned GDP. The applicant/owner agrees further that the alignment of the Park Access Drive shall extend 100’ into the existing, 20-acre City-owned park site (Tax Parcel 0390000000381) (the City Park), on an alignment designed for possible future conversion to a public street and extension by others to tie into Teton Court within the subdivision being developed by others on the Dillon property, as determined by the Director of Development & Permits or designee. The Park Access Drive shall provide access to the park for the public and residents of this development; provided that the Park Access Drive shall not be used as a public street right-of-way unless and until the City, in its sole discretion, approves and dedicates the Park Access Drive as a public right-of-way. The design, construction and completion of the Park Access Drive shall be subject to the review and approval of the Director of Development and Permits and the Director of Parks, Recreation and Tourism, or their designee(s), and shall be accomplished prior to the recordation of the 76th lot in the Crestfield community.

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4. Schools: The applicant/owner agrees to make a voluntary cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be one thousand five hundred ninety-one dollars ($1,591.00) for Chesapeake Public Schools per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each dwelling unit or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake’s “lock box”, also known as the General Fund Reserve for future capital needs and shall be subject to City Council approval prior to appropriation and use for capital improvements as permitted by the Chesapeake Proffer policy, the Chesapeake Zoning Ordinance and the Code of Virginia. The cash contributions may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be allocated as follows: Schools $1,591.00 per dwelling unit.

5. Street Typical Sections: The applicant/owner agrees that the two

streets denoted on the Conceptual Plan as “60’ R/W” shall conform to the “RW-60” typical section as set forth in the Chesapeake Public Facilities Manual, Volume II (the PFM). All other streets shall conform to the “RW-50” as set forth in the PFM. Provided, however that, in both the RW-60 and RW-50, the sidewalk shall be shifted outward by 4.5’ to provide a 9’ space (the Verge) between the back of curb and the sidewalk, which space shall be planted with canopy trees with no less than 2 trees per 100 linear feet of Verge. All trees within the Verge shall be subject to the review and approval of the City’s Landscape Coordinator at time of planting. All said trees in every section or phase of the Crestfield Community shall be installed prior to the acceptance of the streets in such section or phase into the City’s system for maintenance and operation; provided, however that the Director of Development & Permits or designee may grant time extensions to promote survival of the trees. The applicant/owner shall record a Sidewalk Easement which shall encompass those portions of sidewalks lying outside of the right of way lines to the City. Said easement shall be shown on and dedicated by the subdivision plat(s) for the Crestfield Community. The resulting configuration shall be as depicted on the GDP and as approved by the Director of Development & Permits or designee.

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8. PLN-TXT-2020-010 An ordinance amending Appendix A of the City Code, entitled “Zoning,” Article 16, Section 16-105 to modify requirements regarding maintenance of posted signs and to amend procedures related to the failure to properly post and maintain a sign. (Continued from the March 10, 2021 Planning Commission Public Hearing)

Based on the findings contained in this staff report, staff recommends that PLN-TXT-2020-010, version dated March 12, 2021, be APPROVED.

9. PLN-REZ-2020-027 PROJECT: Chariot Motors Used Auto APPLICANT: Chariot Enterprize LLC OWNER: Butternut, LLC PROPOSAL: A zoning reclassification of 0.24 acres from B-1,

Neighborhood Business District, to B-5, Urban Business District, for a used auto dealership.

PROPOSED COMP LAND USE: Business / Commercial EXISTING COMP LAND USE: Business / Commercial ZONING MAP LOCATION: 4013 Indian River Road TAX MAP PARCEL: 0201001001251 PLANNING AREA: Indian River Based on the findings contained in this staff report, staff recommends that

PLN-REZ-2020-027 be DENIED. 10. PLN-USE-2020-045

PROJECT: Chariot Motors Used Auto APPLICANT: Chariot Enterprize LLC OWNER: Butternut, LLC PROPOSAL: A conditional use permit to operate a used auto dealership. ZONE: B-1, Neighborhood Business District ZONING MAP LOCATION: 4013 Indian River Road TAX MAP PARCEL: 0201001001251 PLANNING AREA: Indian River Based on the findings contained in this staff report, staff recommends that PLN-USE-2020-045 be DENIED. However, if Planning Commission decides to approve this conditional use permit, the following stipulations are provided for consideration: 1. The hours of operation shall be limited to 10:00 a.m. to 6:00 p.m.

Monday through Saturday. 2. The owner/applicant shall not store more than ten (10) vehicles for

sale on the site. Vehicles for sale shall be limited to operable vehicles as defined by the City Code and shall only be stored in the sales vehicle storage area as depicted on the site plan dated March 10, 2021, on file with the Planning Department.

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3. The existing entrance along Indian River Road shall be permanently closed, as depicted on the site plan dated March 10, 2021, prior to initiation of this conditional use.

4. The owner/applicant shall submit a landscape plan meeting the

requirements of Section 19-600 et seq. of the Chesapeake Zoning Ordinance, which shall be reviewed by and subject to the approval of the City’s Landscape Coordinator prior to the issuance of a certificate of occupancy. All landscaping shall be installed within 90 days of City Council approval and shall be maintained for the duration of the use.

5. A backflow preventer is to be installed on all water systems before

any takeoffs are made and in accordance with the manufacturer's recommendations, the International Plumbing Code requirements, and Department of Public Utilities policy. The backflow preventer must meet National Standard NSF 61 (lead free). The backflow preventer is to be installed, tested by a DPOR certified technician, and documentation received by Public Utilities within 90 days of the date of approval of this conditional use permit.

6. No repair or maintenance of any vehicles shall occur on the property at any time.

7. No outdoor storage of any vehicle parts, tires, or any other automotive accessories shall be permitted.

8. No vehicles shall be brought on to the site until all site improvements are completed and a certificate of occupancy is issued.

11. PLN-PUDM-2021-001

PROJECT: Dominion Commerce Park APPLICANT / OWNER: Dominion Boulevard LLC AGENCY: Williams Mullen PROPOSAL: A Planned Unit Development (PUD) Modification to change section 5.E (east-west connection road) of the Dominion Commerce Park development criteria. PROPOSED COMP LAND USE: Industrial / Logistics EXISTING COMP LAND USE: Dominion Boulevard Corridor District ZONING MAP LOCATION: Scenic Parkway south of Dominion Boulevard TAX MAP PARCELS: 0581003000230 and 0581003000060 PLANNING AREA: Southern Chesapeake Based on the findings contained in this staff report, staff recommends that PLN-PUDM-2021-001 be APPROVED with the Development Criteria, dated February 23, 2021.

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12. PLN-USE-2019-043 PROJECT: Chesapeake Solar Energy Facility APPLICANT: Chesapeake Solar Project, LLC OWNERS: Charles Bernard Curling & Ellen Rene Trustees, John Cottingham & Anita Wright, Luther I Curling Trustee, Allen Ray Wright, David S Salmons, Lucy Catherine Curling Munden, Con S & Carol Elaine Curling AGENCY: Troutman Sanders LLP PROPOSAL: A conditional use permit to construct a solar energy facility with a substation on 944.17 acres, a twelve foot fence height, and height exception of 75 feet. ZONE: A-1, Agricultural District, and M-1, Light Industrial District ZONING MAP LOCATION: Shillelagh Road (south of Shillelagh Estates) TAX MAP PARCELS: 0580000000830, 0580000000031, 0580000000840, 0580000000030, 0710000000044, 0580000000820, 0580000000040, 0580000000850 PLANNING AREA: Great Bridge and Southern Chesapeake Based on the findings contained in this staff report, staff recommends that PLN-USE-2019-043 be DENIED. However, if Planning Commission decides to approve this conditional use permit, the following stipulations are provided for consideration: 1. The owner/applicant agrees to reserve, for acquisition by the City as

future public right-of-way, at no cost to the City, that portion of the

subject property depicted as “Future Pleasant Grove Parkway 140’

ROW Reservation” on the City’s current 2050 Master Transportation

Plan, for the ultimate construction of the Pleasant Grove Parkway.

The reservation shall be shown and recorded on a plat, and a deed

of reservation shall be recorded simultaneously in such form as

approved by the City Attorney’s Office. Furthermore, the

applicant/owner agrees to own and maintain the reservation area

until it is acquired by the City. Any structures placed within the

reservation area shall be removed, at the applicant/owner’s sole

expense, within one hundred and eighty (180) days of the City’s

acquisition of the right-of-way. In addition, during the one hundred

eighty day removal period, the applicant/owner shall install and

maintain a 25’ planting strip, as indicated in Stipulation 13, adjacent

to the reservation area shown on the plan entitled, “EXHIBIT A –

Overall Site Plan” and dated February 25, 2021, on file with the

Planning Department. All plantings shall be subject to the review and

approval of the City’s Landscape Coordinator and shall be

maintained for the duration of the use.

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2. Applicant/owner shall address and mitigate impacts generated by the construction activity associated with this conditional use as set forth on Exhibit B, entitled, “Road Impact Mitigation Plan” and dated February 25, 2021. The Director of Development and Permits or their designee shall be responsible for enforcing violations of this stipulation; provided that any such violation may also constitute grounds for revocation of this conditional use permit.

3. Applicant/owner agrees to limit construction traffic on Shillelagh

Road from its intersection with Ward Road to the site entrance as depicted on EXHIBIT E, entitled, “Haul Routes” and dated February 3, 2021, as determined by the Director of Development and Permits or designee. No construction traffic will be permitted on Shillelagh Road south of the project limits, unless approved in writing by the Director of Development and Permits or their designee after calculation of additional road maintenance requirements.

4. The applicant/owner agrees to dedicate drainage and public utility

easements along the ditches on the north and east sides of the

proposed project as generally shown on the plan entitled, “EXHIBIT

A – Overall Site Plan” and dated February 25, 2021; however, that

reasonable adjustments due to final engineering data may be made

at the time of final site plan review. These easements shall be subject

to the review and approval of the Directors of Development and

Permits and Public Utilities or their designees and shall be recorded

on forms acceptable to the City Attorney’s Office prior to final site

plan approval.

5. The owner/applicant agrees to record, at no cost to the City, a 25’

wide public utility easement along the west side of Shillelagh Road as depicted on the exhibit entitled, “EXHIBIT A – Overall Site Plan” and dated February 25, 2021, on file with the Planning Department. The easements shall be subject to the review and approval of the Director of Public Utilities or designee and shall be recorded on forms acceptable to the City Attorney’s Office prior to final site plan approval.

6. The applicant/owner shall notify the Zoning Administrator in writing

within thirty (30) days of a change in ownership of the proposed solar facility. The notification shall include the name, address, and contact information for the new owner and designee in the Commonwealth of Virginia. In addition, the applicant/owner shall provide written proof that the new owner entity has been advised of and agreed in writing to comply with all of the stipulations associated with the Conditional Use Permit. Said written proof shall be subject to the review and approval of the City Attorney, or designee.

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7. The applicant/owner shall construct City Standard Commercial Entrances, CG-11A, at each access point to the site prior to issuance of a Certificate of Occupancy. The entrances shall be depicted on the final site construction plan, which is subject to the review and approval of the Director of Development and Permits, or designee.

8. The applicant/owner shall provide emergency access, including but

not limited to include unobstructed access utilizing fire lane marking in accordance with the PFM, Appendix 19, and a Knox Corporation key box or padlock for emergency access via the locked gate, prior to the issuance of a Certificate of Occupancy. The required emergency access and sufficiency of said access shall be subject to the review and approval of the City’s Fire Marshal.

9. The applicant/owner shall comply with the Decommissioning Plan dated February 26, 2021, on file with the Planning Department.

10. Prior to receiving a Certificate of Occupancy, the applicant/owner

shall provide an Emergency Management Plan (EMP) to the City of Chesapeake for the utility solar energy facility. The EMP shall be subject to the review and approval of the Fire Chief or designee. The goal of this EMP is to provide safety guidelines and procedures for potential emergency-related incidents during all phases of the life of the facility (construction, operation, and decommissioning). The EMP must cover, at a minimum, emergency communications and training, theft and vandalism, inclement weather, high voltage equipment, and fire safety and prevention.

11. The applicant/owner shall install and maintain a security fence to

enclose the utility solar energy facility, exclusive of landscaping, prior to the issuance of a Certificate of Occupancy for the use. Said fence shall be no more than twelve (12) feet in height. Furthermore, the applicant/owner shall obtain all required permits and approvals from the Department of Development and Permits prior to the installation of the security fence.

12. Notwithstanding what is depicted on the preliminary site plan entitled

“EXHIBIT A – Overall Site Plan” and dated February 25, 2021, the applicant/owner shall maintain a minimum setback for the use of one hundred and fifty (150) feet from all exterior property lines and a minimum of three hundred (300) feet if abutting a residentially zoned or use property. The setbacks imposed in this stipulation shall not apply to fencing, berms, and/or landscape buffers.

13. The proposed substation(s) shall maintain a minimum setback of one

thousand (1000) feet from any residential dwelling unit or a minimum of five hundred (500) feet to the closest property line, whichever is greater.

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14. The applicant/owner shall submit a Landscape Plan pursuant to the Chesapeake Zoning Ordinance prior to final construction plan approval. Said plan shall consist of the following, where neccessary: (1) a modified Buffer Yard D, consisting of five (5) small trees, twenty-five (25) shrubs, and a solid row of evergreen trees that are at least eight (8) feet in height at the time of planting for every 100 linear feet. Said Landscape Plan will be in substantial conformance with plan entitled, “EXHIBIT C - Landscape Concept Plan”, dated November 30, 2020, with necessary adjustments as required by Stipulation 11 and planting schematic entitled “EXHIBIT D - Planting Schematic” and dated November 25, 2020, as determined by the City’s Landscape Coordinator. Plant materials shall be subject to the review and approval of the City’s Landscape Coordinator and shall be installed prior to the issuance of the Certificate of Occupancy.

15. If existing trees indicated in “EXHIBIT C - Landscape Concept Plan”, dated November 30, 2020, are removed such that a complete landscape buffer does not provide an opaque screen of the project, as determined by the City’s Landscape Coordinator in writing, then the applicant/owner shall install and maintain a 25’ planting strip as indicated in Stipulation 13 within ninety (90) days of the date of such determination. Planting shall be subject to the review and approval of the City’s Landscape Coordinator.

16. Pursuant to the adopted City of Chesapeake Solar Energy Policy dated June 27, 2019, the applicant/owner agrees to achieve the minimum score necessary for the site to be Certified VA Pollinator-Smart according to the most current version of the Virginia Pollinator-Smart/Bird Habitat Scorecard, subject to the review and approval of the City’s Landscape Coordinator. Virginia Pollinator-Smart criteria shall be met prior to issuance of the Certificate of Occupancy.

17. The applicant/owner shall plant and maintain vegetative groundcover amid and surrounding the solar arrays. This groundcover shall consist of native species of warm season grasses and pollinator plants to benefit birds, bees, and other insects and support local agricultural production by providing essential flora for pollinators vital to local crop production. Said plant materials shall be subject to the review and approval of the City’s Landscape Coordinator and shall be planted prior to the issuance of the Certificate of Occupancy.

18. The applicant/owner shall manage the vegetation on-site without the

use of herbicides unless the treatment is approved by the City’s Landscape Coordinator.

19. The applicant/owner shall obtain a valid Run-Off Control Permit from

the Department of Public Utilities prior to the approval of construction plans.

Chesapeake Planning Commission April 14, 2021 Public Hearing Agenda

Page 17

20. The applicant/owner agrees that the proposed use shall utilize 4.4 MVA ABB PVS980 inverters or an alternative solar panel inverter approved by the Navy and in compliance with the Navy’s Electromagnetic Interference (EMI) assessment.

21. The applicant/owner shall ensure that the proposed utility solar

energy facility will only use mono-crystalline, poly-crystalline photovoltaic, or thin-film (PV) technology.

22. The applicant/owner shall ensure that the solar arrays are designed

to withstand 120 mph wind speeds. The height of the solar panel arrays shall not exceed the height of the row of evergreen trees referenced in Stipulation 13 or ten (10) feet in height at maximum tilt.

23. The applicant/owner shall maintain insurance for the duration of the

use. The applicant/owner shall provide to the City Attorney, or designee, a Certificate of Insurance providing General Liability Insurance which shall include, at a minimum, the following information: (i) the name of the insurance company, policy number and expiration date; and (ii) the coverage and limits on coverage and including the amount of deductibles or self-insured retentions with a minimum limit of Ten Million Dollars ($10,000,000) per occurrence and Twenty Million Dollars ($20,000,000) aggregate, combined single limit, for bodily injury (including death) or property damage and Environmental Impairment insurance with minimum limits of Ten Million Dollars ($10,000,000) per occurrence. The Certificate of Insurance shall be provided to the City Attorney, or designee, prior to the issuance of a Certificate of Occupancy for the use.

24. In light of and for so long as tax exemptions are afforded to solar

facilities in Virginia and in an effort to promote and preserve agricultural lands, the applicant/owner offers and the City accepts an annual contribution, as provided below, to the City of Chesapeake’s Open Space and Agricultural Preservation Program or to such similar program as approved by the Director of Planning or designee. The first contribution shall be paid prior to the issuance of a Certificate of Occupancy for this use and each annual contribution shall be paid every twelve (12) months thereafter, until the project is decommissioned pursuant to the decommissioning agreement, in accordance with the following schedule: a. Year 1-10: $45,000 b. Year 11-20: $55,000 c. Year 21-30: $60,000 d. Year 31+: $65,000

H. Business Items:

1. Planning Director Items

2. Unfinished and New Business

Chesapeake Planning Commission April 14, 2021 Public Hearing Agenda Page 18

I. Adjournment

The Chesapeake Zoning Ordinance, Chesapeake Comprehensive Plan, Chesapeake Land Use Plan, Chesapeake tax map book, plats, and maps of the aforementioned properties, documents and proposed text amendments, as described, are available for inspection in the Planning Department, on the second floor in the City Hall building, Chesapeake Civic Center during regular municipal hours. The agenda is also available for viewing on the City’s Planning Commission webpage, www.cityofchesapeake.net/PC, with links to view the applications, proposed text amendments and the staff recommendations when available.

This meeting will be televised live on WCTV-48 (Cox Cable channel 48 and Verizon Cable channel 43) and re-televised Wednesday, April 14, 2021 at 11:00 p.m. If the meeting concludes after 11:00 p.m. it will air as soon as technically possible after the conclusion of the live meeting. It will air again on the following Wednesdays, at 7:00 p.m., Thursdays at 1:00 p.m., and on Sunday at 9:00 a.m. until the next scheduled Planning Commission Meeting on May 12, 2021. All interested parties are invited to attend the public hearing.

Those members of the public interested in attending the public hearing should be advised that, for reasons the Planning Commission deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed above will be exactly followed during the public hearing. Also, due to advertising deadlines, items that have been continued from previous Planning Commission meetings may not appear on this agenda. For further information, contact the Planning Department at 382-6176.

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