Chesapeake Planning Commission€¦ · 8/7/2015 · PROJECT: Little Lambs Christian Education...

Department of Planning

Post Office Box 15225 Chesapeake, Virginia 23328

(757) 382-6176 FAX (757) 382-6406

Chesapeake Planning Commission PUBLIC HEARING MINUTES – JULY 8, 2015

CITY COUNCIL CHAMBER - 7:00 P.M.

Call to Order: Chairman Kish called the Chesapeake Planning Commission Public Hearing of July 8, 2015, to order at 7:00 p.m. in the City Council Chambers.

Invocation: Commissioner Morris offered the Invocation for the evening.

Pledge of Allegiance: Commissioner Ellis led in the Pledge of Allegiance to the United States Flag.

Roll Call: Present John Kish, Chairman

Marty Williams, Vice-Chairman Jason Morris, Secretary

Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner

Stephens Johnson, Commissioner Adam Perry, Commissioner

George Van Laethem, Commissioner

Absent William Small, Commissioner

Department of Planning Staff Present

Jaleh Shea, Planning Director Karen Shaffer, Assistant Planning Director

Beverly Hanson, Recording Secretary and Office Coordinator Timothy Howlett, Planning Administrator

Mark Hobbs, Senior Planner Darryl Griffin, Senior Planner

City Attorney Staff Present

Catherine Lindley, Assistant City Attorney

Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

City of Chesapeake

Chesapeake Planning Commission July 8, 2015 Public Hearing Minutes

Page 2

APPROVAL OF MINUTES:

Mrs. Hanson presented the June 10, 2015 Public Hearing minutes into the record for Commission action.

PLANNING COMMISSION ACTION:

MINUTES for the June 10, 2015 Public Hearing were APPROVED.

ITEMS FOR CONTINUANCE OR WITHDRAWAL:

R(C)-14-20 PROJECT: The Enclave at Edinburgh APPLICANT: Oceanside Building, LLC AGENCY: Pinnacle Group Engineering, Inc. PROPOSAL: A conditional zoning reclassification of approximately 25.8± acres from A-1, Agricultural District (24.8± acres) and B-1, Neighborhood Business District (1± acre), to R-MF-1, Residential Multi-Family District (23.8± acres) and B-2, General Business District (2± acres). PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with 4.78 dwelling units per acre proposed and Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 1902 Battlefield Boulevard South TAX MAP SECTION/PARCELS: 0850000000570, 0850000000216, 0850000000580 BOROUGH: Pleasant Grove


CONTINUED to the August 12, 2015 Public Hearing. (8-0; Van Laethem/Williams, Small excused)

Ms. Shea stated that the staff had requested a continuation to the August 12, 2015 Public Hearing, to allow time to review additional proffers and comments.


Page 3

COMMISSION VOTE:

Commissioner Van Laethem moved that R(C)-14-20 be CONTINUED to the August 12, 2015 Public Hearing as recommended by staff. Commissioner Williams seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

R(C)-14-26 PROJECT: Pine Grove West Rezoning APPLICANT: Jolliff Road Properties, LLC AGENCY: Hoggard-Eure Associates, PC PROPOSAL: A conditional zoning reclassification of 11.51± acres from A-1, Agricultural District (10.71± acres) and R-15s, Residential District (0.80± acres) to R-TH-1, Townhouse Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential with something less than 8.42 dwelling units per acre EXISTING COMP LAND USE: Office LOCATION: 5052 & 5064 Portsmouth Boulevard TAX MAP SECTION/PARCELS: 0140000000103, portion of 0140000000070 BOROUGH: Western Branch (Continued from the June 10, 2015 Public Hearing)


CONTINUED to the August 12, 2015 Public Hearing. (8-0; Van Laethem/Williams, Small excused)

Ms. Shea stated that the staff had requested a continuation to the August 12, 2015 Public Hearing, to allow additional time to address outstanding issues with the applicant’s proffers.

COMMISSION VOTE:

Commissioner Van Laethem moved that R(C)-14-26 be CONTINUED to the August 12, 2015 Public Hearing as recommended by staff. Commissioner Williams seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

CP-15-01 Resolution amending the Policies, Land Use Plan and Master Transportation Plan of the 2035 Comprehensive Plan to adopt the Dominion Boulevard Corridor Study and Economic Development Strategic Plan.


Page 4


CONTINUED to the October 14, 2015 Public Hearing. (8-0; Van Laethem/Williams, Small excused)

Ms. Shea stated that the staff had requested a continuation to the October 14, 2015 Public Hearing, to allow additional time to review the Draft Plan and to provide recommendations to City Council.

COMMISSION VOTE:

Commissioner Van Laethem moved that CP-15-01 be CONTINUED to the October 14, 2015 Public Hearing as recommended by staff. Commissioner Williams seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

CONSENT AGENDA:

UP-14-36 PROJECT: Simms Metal APPLICANT: SMM Southeast LLC AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional use permit to operate a solid waste management facility for scrap metal processing and recycling. ZONE: M-2, General Industrial District LOCATION: 4300 Buell Street TAX MAP SECTION/PARCEL: 1570000001680 BOROUGH: South Norfolk

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-14-36 be APPROVED with the requested setback reductions and the following stipulations: (8-0; Williams/Johnson, Small excused)

1. The applicant/owner agrees that conditional use permit approval shall be limited to scrap metal processing and recycling. This conditional use permit does not allow the processing and recycling of any other materials unless those materials are associated with and incidental to scrap metal processing.


Page 5

2. The applicant/owner acknowledges that this conditional use permit is contingent on City Council’s approval of the reduction of certain setbacks required by the Solid Waste Management Ordinance, Sections 62-92.(1)-(2), as requested by the applicant, Simms Metal Setback Request, dated April 22, 2015, amended June 29, 2015. The applicant/owner agrees to comply with all requirements and conditions of the setback reductions.

3. The applicant shall obtain all required federal, state and local permits prior to the issuance of a Certificate of Occupancy.

Mrs. Hanson read UP-14-36 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP-14-36 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Williams moved that UP-14-36 be APPROVED with the requested setback reductions and with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

UP-15-19 PROJECT: Robbins Nursery APPLICANT: Robbins Nursery & Landscaping Services, Inc. AGENCY: Basnight, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A conditional use permit to operate a solid waste management facility for the grinding and processing of trees, wood and soil products. ZONE: A-1, Agricultural District LOCATION: 1055 Bedford Street TAX MAP SECTION/PARCELS: 0620000000140, 0620000000160, 0620000000161 BOROUGH: Butts Road (Continued from the June 10, 2015 Public Hearing)


Planning Commission recommends that UP-15-19 be APPROVED with the following stipulations: (8-0; Williams/Johnson, Small excused)


Page 6

1. The applicant/owner agrees that conditional use permit approval for a solid waste management facility is limited to the processing of trees, wood and soil materials only and shall not include the active composting of any organic materials.

2. The applicant/owner agrees to design and construct a City Standard commercial entrance (CG-11) on Bedford Street to access the site. The entrance design shall be submitted for review and approval with the final site construction plans in accordance with City procedures. The entrance will be constructed and accepted by the City prior to issuance of a Certificate of Occupancy.

3. The applicant/owner agrees to limit the hours of operation to Monday – Saturday, 7:00 am to 7:00 pm.


Staff Presentation:

Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that UP-15-19 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Williams moved that UP-15-19 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

TA-Z-15-02 An Ordinance amending Appendix A of the City Code, entitled “Zoning,” Article 13, Sections 13-601(d) and 13-602(b)(8) thereof, to allow communication small cells as a permitted use if certain conditions are met. (Continued from the June 10, 2015 Public Hearing)


Planning Commission recommends that TA-Z-15-02, version dated June 25, 2015, be APPROVED. (8-0; Williams/Johnson, Small excused)

Mrs. Hanson read TA-Z-15-02 into the record for Commission review and action.


Page 7

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that TA-Z-15-02 version dated June 25, 2015 be APPROVED.

COMMISSION VOTE:

Commissioner Williams moved that TA-Z-15-02 version dated June 25, 2015 be APPROVED as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

REGULAR AGENDA:

Commissioner Williams made a motion to re-order the Regular Agenda so that item 8, UP-15-29 (Little Lambs Christian Education Center) could be heard first. Commissioner Perry seconded the motion. The motion was carried by a vote of 8-0. Commissioner Small was excused.

UP-15-29 PROJECT: Little Lambs Christian Education Center APPLICANT: St. Paul’s United Methodist Church PROPOSAL: A conditional use permit for the operation of a preschool and day care facility within an existing church. ZONE: AC, Assembly Center District LOCATION: 437 Providence Road TAX MAP SECTION/PARCEL: 0200000000271 BOROUGH: Washington


Planning Commission recommends that UP-15-29 be APPROVED with the following stipulations: (6-2; Williams/Ellis, Van Laethem, Kish opposed, Small excused)

1. The applicant/owner shall provide Development and Permits, Code Enforcement with two (2) complete sets of architectural sealed and signed plans for review and approval prior to the issuance of a new zoning permit/certificate of occupancy for the preschool and daycare facility.

2. A maximum total not to exceed 175 children between the ages of 2 through 17 years old shall be enrolled in the preschool and daycare facility at any one time. Additionally, a maximum not to exceed 75 full-


Page 8

time children between the ages of 2 and 5 years old shall attend the preschool/day care facility between the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday. In addition, a maximum not to exceed 100 part-time children shall attend the after school program between the hours of 2:00 p.m. to 6:00 p.m. Monday through Friday while public schools are in session. When public schools are not in session, the 100 part-time children may attend summer programs between the hours of 6:00 a.m. to 6:00 p.m. Monday through Friday.

3. The preschool and daycare facility’s hours of operation shall be from 6:00 a.m. to 6:00 p.m., Monday through Friday.


Staff Presentation:

Mr. Griffin stated that based on the findings listed in the staff report, Planning staff recommended that UP-15-29 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION DISCUSSION:

Commissioner Williams said that the original application stated that the applicant wanted the ages of the daycare children to range from 2 to 17 years of age. Commissioner Williams stated that under staff’s recommendation it said to 2 to 18 years of age. He wanted to go back to what the original application had stated with the age ranging from 2 to 17. He said that an 18 year old was not considered a child and did not need daycare and said that child care had to be under the age of 18.

Commissioner Morris asked the applicant if the proposed change would negatively impact his operation. The applicant replied that it would not affect his operation.

Commissioner Van Laethem was concerned about a child turning 18 years old within the school year, who perhaps would still need this type of arrangement. He was in favor of changing the age back to 18.

Commissioner Hutchinson was concerned that if a child started in the program at the age of 17 and then turned 18 what would happen. The applicant stated that if the child was already in the program and turned 18, the child would remain in the after school program. The applicant would not allow a child to enroll if they were 18 years of age at the time of enrollment.

COMMISSION VOTE:

Commissioner Williams moved that UP-15-29 be APPROVED with the stipulations as listed in the official agenda and changing the maximum age limit from 18 to 17 years old. Commissioner Ellis seconded the motion. The motion was carried by a vote of 6 - 2.


Page 9

Commissioners Van Laethem and Kish voted against the motion. Commissioner Small was excused.

UP-14-35 PROJECT: Ballentine Road Borrow Pit APPLICANT: E.V. Williams Construction Company AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit for the excavation of a borrow pit on a 160± acre portion of a site totaling 318.7± acres. ZONE: A-1, Agricultural District LOCATION: 128 Ballentine Road, the portion located on the south side of Ballentine Road TAX MAP SECTION/PARCEL: portion of 0970000000620 BOROUGH: Butts Road (Continued from the April 8, 2015 Public Hearing)


Planning Commission recommends that UP-14-35 be DENIED. (8-0; Morris/Hutchinson, Small excused)


Staff Presentation:

Mr. Griffin stated that based on the findings listed in the staff report, Planning staff recommended that UP-14-35 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

James R. Bradford, Hassell & Folkes, PC, 325 Volvo Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of UP-14-35 representing the applicant.

Opponent:

Clyde Harrell, 3052 Delia Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing himself.

John Tholander, 2740 Battlefield Boulevard South, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing himself.

Frank Guthrie, 2340 Battlefield Boulevard South, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing himself.


Page 10

Robin Alexander, 325 Hickory Woods Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing herself.

Martin Rose, 3048 Delia Drive, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing himself.

Beth Banks, 324 Hickory Woods Court, Chesapeake, Virginia, appeared before the Commission in opposition to UP-14-35 representing herself.

Those who spoke in opposition were concerned about the traffic impact and said it was not in the best interest of the citizens. They stated they also had noise concerns, that it was not environmentally friendly, and that their quality of life would be destroyed.


Commissioner Ellis asked the Director of Development and Permits about the traffic study that had been submitted by the applicant. Mr. Tate stated that unlike a Rezoning where you have a Level of Service Traffic Analysis requirement there was no such requirement for Use Permits. He said that did not mean that the department did not consider the traffic impact, it just meant that a formal analysis was not required. He said his department did not require an additional analysis but when they looked at the number of traffic on Battlefield Boulevard he said there was 400± vehicles traveling both directions in the peak hour, a small number of additional traffic on Battlefield Boulevard and would not create a significant impact.

Staff answered a question that a citizen had concerning a statement that the applicant had made in a letter dated April 2, 2015, which described the project description. He said the applicant had written a formal request to City Council requesting an additional 3 years to operate the permit beyond the 7 year time frame and questioned how long would the pit be open, 4 years or 10 years. Staff replied that by City Code, the applicant could only request 7 years, however, they had requested an extension for an additional 3 years, which would amount to the 10 years in question. He said that after the 10 years was up, the Conditional Use Permit would expire unless the applicant requested another extension.

Commissioner Morris stated that there was a finding in staff’s report that recognized that this subject site could be re-used in a manner that was more consistent with the TCOD principals and wondered where this project would fit into the future TCOD Conceptual Plan. He asked staff if their finding was more that this application “could” fit or did this application put us closer to achieving what had been laid out. Staff said it “could” fit in and the Planning Director added that that the location of this borrow pit was adjacent to the future target areas of the TCOD Corridor and that it was in an area that had been targeted for future development. Commissioner Morris stated that he did not know if a borrow pit was the best use for this land.

The City Attorney’s Office wanted to clarify for the citizen who asked about when the borrow pit application would expire. She explained the City Code said that the Use Permit for the Borrow Pit would expire upon completion of excavation and restoration activities or


Page 11

upon 7 years, whichever came first. However, she said the applicant could request a different time frame from City Council if they choose.

Commissioner Morris thought it was a good project but had a level of discomfort due to traffic concerns and was prepared to make a motion for denial.

Commissioner Van Laethem stated he would support the motion for denial and added that it was incompatible with the surrounding area.

Chairman Kish also agreed that the City already had a traffic problem on Battlefield Boulevard and agreed with the citizens that this would impact their quality of life in a negative manner. He said that Battlefield Boulevard was a gateway entrance into Chesapeake and that it projected the rural character which was what the citizens wanted. He said he would not be able to support this application

COMMISSION VOTE:

Commissioner Morris moved that UP-14-35 be DENIED based on the traffic impact. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

UP-14-25 PROJECT: Robbins Nursery Parking Lot APPLICANT: Robbins Nursery & Landscaping Service, Inc. AGENCY: Basnight, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A conditional use permit for truck parking and storage. ZONE: A-1, Agricultural District LOCATION: 1013 Bedford Street TAX MAP SECTION/PARCELS: 0620000000211, 0620000000160 BOROUGH: Butts Road (Continued from the June 10, 2015 Public Hearing)


Planning Commission recommends that UP-14-25 be APPROVED with the following stipulations including the added stipulation #4: (7-1; Van Laethem/Johnson, Kish opposed, Small excused)

1. The applicant/owner shall construct a city standard commercial entrance (CG-11) on Bedford Street to access the subject property. The commercial entrance shall be shown on the Final Site Plan which is subject to the review and approval of the Director of the Department of Development and Permits or designee. Once approved, the entrance shall be constructed and accepted by the city prior to the issuance of a Certificate of Occupancy.


Page 12

2. The owners (Herbert & Laura Wenger) of tax parcel # 0620000000160, shall convey an access easement to the benefit of the owners (Advantage 4, LLC) of tax parcel # 0620000000211 prior to Final Site Plan approval.

3. The applicant/owner shall plant evergreen plant material, along the entire north side of the parking lot facing Bedford Street and along the entire east side of the parking lot. Plants shall be a minimum 6’-8’ in height at time of installation, reach a minimum height at maturity of 20’ and planted on 10’ centers. All such plantings shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the issuance of a Certificate of Occupancy.

4. The applicant/owner shall not repair, service, or perform automotive work with the exception of minor routine repairs on any motor vehicles on the site subject to this use permit.


Staff Presentation:

Mr. Hobbs stated that based on the findings listed in the staff report, Planning staff recommended that UP-14-25 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

James A. Leftwich, Jr., Basnight, Kinser, Leftwich & Nuckolls, PC, 308 Cedar Lakes Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-14-25 representing the applicant.


Commissioner Van Laethem asked the Agent if the parking and storage of vehicles would only be done on the gravel area. The Agent confirmed that the parking of vehicles would be done on the gravel area. Commission Van Laethem said vehicles tend to leak fluids and that he did not find any planned environmental protection against this in the application. He also said the application did not mention the maintenance of vehicles and stated this site was not designed to have maintenance or repairs done on vehicles. Commissioner Van Laethem said he was prepared to make a motion and would be adding a stipulation which would read as follows: “The applicant/owner shall not repair, service, or perform automotive work, with the exception of minor routine repairs, on any motor vehicles on the site subject to this Use Permit.”


Page 13

Commissioner Perry asked the City Attorney if there was a legal interpretation between a minor and major repair. The City Attorney’s Office stated there was not a definition and that the Zoning Administrator would be charged to make that decision.

Chairman Kish asked the Planning Director if this additional stipulation would be enforceable. The Planning Director stated that she felt it would be best answered by the City Attorney’s Office. The City Attorney said she felt confident that the Zoning Administrator would be able to interpret the added stipulation.

Commissioner Perry stated he would not be able to support the additional stipulation and was prepared to make a substitute motion without the added stipulation.

COMMISSION VOTE:

Commissioner Van Laethem moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and included the additional stipulation #4. Commissioner Johnson seconded the motion.

Commissioner Perry moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Morris seconded the motion. The motion failed by a tie vote of 4 - 4. Commissioners Williams, Van Laethem, Hutchinson, and Johnson voted against the motion. Commissioner Small was excused.

Commissioner Van Laethem moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and included the additional stipulation #4. Commissioner Johnson seconded the motion. The motion was carried by a vote of 7 - 1. Commissioner Kish voted against the motion. Commissioner Small was excused.

R(C)-14-13 PROJECT: Newman Commercial Property APPLICANT: Guy A. Newman AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning reclassification of 12.98± acres from A-1, Agricultural District to B-2, General Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: West side of Battlefield Boulevard South, adjacent to Border Station TAX MAP SECTION/PARCEL: 1190000000450 BOROUGH: Pleasant Grove


Planning Commission recommends that R(C)-14-13 be APPROVED with the following proffers: (8-0; Williams/Ellis, Small excused)


Page 14

1. The applicant/owner shall provide a minimum tree canopy of 20% for the developed portion of this site excluding buffer requirements prior to the issuance of any certificate of occupancy on the property subject to this rezoning (the “Property”) which shall be subject to the review and approval of the Director of Development and Permits or designee.

2. The applicant/owner shall establish a reforestation zone adjacent to the Battlefield Boulevard right-of-way fronting this property as depicted on the exhibit entitled, “Exhibit To Indicate Right of Way Dedication and Easements to Accompany R(C)-14-13 Newman Commercial Property” prepared by Horton & Dodd, P.C. dated June 15, 2015. The trees for the reforestation shall be a minimum of 6 – 8 feet at planting, shall follow the Reforestation Guidelines as specified in the Chesapeake Zoning Ordinance and shall be installed prior to the issuance of any certificate of occupancy on the Property. The applicant/owner shall plant trees in groups within the 30’ width and length of the frontage on Battlefield Boulevard in a natural manner at an equivalent density of 3 rows of trees planted an average of 12’ on center. Multiple species of native trees shall be incorporated in the reforestation zone and groupings of trees shall be staggered and not aligned as a means of approximating natural conditions indigenous to the wooded areas near this site. The trees may be pruned-up as they grow to enhance the development and to allow for visibility from the right-of-way. The adequacy of the location and planting of the reforestation zone shall be subject to the review and approval of the Director of Development and Permits or designee.

3. The applicant/owner shall install a 15’ wide landscape buffer along the common property line between this site and the existing residential use to the north of this site subject to the review and approval of the Director of Development and Permits or designee. This buffer shall be installed prior to the issuance of any certificate of occupancy on the Property and shall include a 3’ to 4’ high bermed area, undulating with breaks and non-uniform varying heights so as to have a natural appearance. Trees within this berm shall be planted in groupings and consist of a mixture of an average of 3 large trees and 2 small trees per each 100 linear feet. Evergreen shrubs shall be placed along this bermed area between tree groupings. The buffer will be relocated to the south side of the entrance road shown on the “Exhibit to Accompany R(C)-14-13, Newman Commercial Property”, dated June 15, 2015, due to the requirement for the access road to align with the 70’ break in the existing 1’ non-ingress/egress easement to Battlefield Boulevard at Neck Road as shown in MB 131, Pg 37.

4. The applicant/owner shall install the storm water BMP, subject to the review and approval of the Director of Public Works or designee, into the design as a roadway buffer as depicted on the site conceptual


Page 15

drawing entitled “Exhibit to Accompany R(C)-14-13, Newman Commercial Property” prepared by Horton & Dodd, P.C., dated June 15, 2015 on file in the offices of the City of Chesapeake Planning Department prior to the issuance of any certificate of occupancy on the Property. The applicant/owner shall also install landscaping, similar to that for the reforestation zone as determined by the Director of Development and Permits or designee, around the perimeter of the storm water BMP prior to the issuance of any certificate of occupancy on the Property. Further, the applicant/owner shall install a pedestrian pathway with benches at periodic intervals along the west side of the storm water BMP with the pedestrian pathway connecting to the pedestrian walkways that circulate to the building entranceways and parking lot, all of which shall be subject to the review and approval of the Director of Development and Permits or designee.

5. The applicant/owner agrees that the building or buildings for this site shall be oriented toward the front of the site, to the satisfaction of the Zoning Administrator, and that all parking spaces shall be located behind the front line of any building on the property subject to this rezoning.

6. The applicant/owner agrees that all truck loading areas and trash collection containers shall be shielded from view from Battlefield Boulevard by use of landscaping and physical screening utilizing the same materials as that of the principal building structure, all of which shall be subject to the review and approval of the Director of Development and Permits or designee.

7. The applicant/owner agrees that all utilities serving any building or other use on the property subject to this rezoning shall be installed underground.

8. The applicant/owner agrees that all internal pedestrian ways within the parking areas or otherwise located on the property subject to this rezoning shall be distinguished from the roads/driving surfaces through the use of materials differing in texture and/or color from the roads/driving surfaces (i.e. pavers, brick, stamped concrete/asphalt, etc.).

9. The applicant/owner agrees that the number of parking spaces on the property subject to this rezoning shall not exceed more than 5% those required by the City of Chesapeake parking requirements for the uses within the buildings as determined by the Zoning Administrator.

10. The applicant/owner agrees that the Property shall conform to the following building design elements, all of which shall be subject to the review and approval of the Director of Planning or designee:


Page 16

a. The following architectural themes or styles be incorporated into the design of commercial buildings located on this site:

(1). Southern Colonial: Building materials shall be brick, stucco, wood or composite cementitious shingle, clapboard or board and batten. Building elements shall include brick or stucco chimneys; brick, stucco or wooden arcades and colonnades; painted wood or painted metal posts, spindles, or balusters; stoops and exterior stairs; wooden or composite material decks, and canvas covered awnings and canopies. Roofs shall be gabled, hipped, or a combination with a slope that is proportional to the horizontal length of the building. Flat roofs are permitted on buildings if concealed from view by parapets or sloped roofs of the character described above. Dormers and other special rooftop elements are encouraged. Walls shall be brick, stucco or concrete. Fences shall be wood picket, wrought iron or painted metal.

(2). Southern Plantation or French Colonial: Building materials shall be primarily stucco, wood or composite cementitious shingle, clapboard or board and batten. Building elements shall include painted wood or metal colonettes; painted wood or painted metal posts, spindles, or balusters; stucco or brick columns. Roofs shall be hipped with a slope that is proportional to the horizontal length of the building. Flat roofs are permitted on buildings if concealed from view by parapets or sloped roofs of the character described above. Cupolas, dormers and other special rooftop elements are encouraged. Walls shall be brick, stucco or concrete. Fences shall be wood split rail, wrought iron or painted metal.

b. The side or rear of a building located adjacent to and visible from a public street shall be designed so as to possess as much detail as the primary façade oriented toward another public street. Visual interest shall be provided through window and door details, varied rooflines, consistent textures and color, and similar considerations.

c. There shall be a variety of materials, colors and exterior treatments. Materials used on structures shall be long-lasting, attractive and high quality. Building materials shall be brick, stucco, wood or cementitious shingle, clapboard or board and batten. Smooth-faced concrete block, smooth-faced tilt-up concrete panels, or pre-fabricated steel panels are not acceptable materials.


Page 17

d. Façade color shall be low reflectance, subtle, neutral or earth tone colors. The use of high intensity colors, metallic colors, black or fluorescent colors is discouraged. Brighter, trademark colors shall only be an accent.

e. Building elements shall include brick or stucco chimneys; brick, stucco or wooden arcades and colonnades; painted wood or painted metal posts, spindles, or balusters; stoops and exterior stairs; wooden or composite decks and canvas covered awnings and canopies.

f. Roofs shall be gabled, hipped, or a combination with a slope that is proportional to the horizontal length of the building. Flat roofs are permitted on buildings with roof areas greater than 12,000 square feet if concealed from view by sloped roofs of the character described above. Dormers and other special rooftop elements shall be incorporated.

g. Rooftop mechanical units, flues, and vents shall be organized and screened. The roofscape shall be an integral part of the design with respect to form, material and colors.

h. Lighting shall be designed as an integral part of the building’s architecture to be as unobtrusive as possible. Floodlighting and uplighting of buildings shall be designed and placed so that it does not direct or reflect any illumination on adjacent properties.

i. Walls shall be brick, stucco or concrete. Fences shall be wood picket, wrought iron or painted metal. Synthetic (plastic) fencing materials which are replicas of traditional materials may be used.

j. The street level façade of such stores shall be transparent (i.e. consist of glass windows and doors) between the height of 3 feet and 8 feet above the walkway grade for no less than 60% of the horizontal length of the building façade.

k. Windows shall be recessed and shall include visually prominent sills, shutters, or other forms of framing.

l. Site lighting shall incorporate Colonial style decorative fixtures that will blend with the architectural style of the development. Lighting shall provide adequate levels of illumination and shall be “full cutoff fixtures” to eliminate glare and spillover of illumination to adjacent properties and to preserve the “night sky”. The height of the lighting should be proportional to the height of the principal building located on the site. Varied lighting techniques, such as uplighting of trees and illumination


Page 18

of walkway with pedestrian scale fixtures shall be employed to enhance the appearance of the site.

m. Signs shall be designed using materials compatible with the architecture of the principal building. Freestanding signs shall be incorporated into the landscaping plan for the development. A single sign identifying the major tenants on this site shall be installed. Individual tenants shall install only wall signs proportionally scaled to the building.

11. The applicant/owner agrees that this rezoning is conditioned on obtaining all required approvals from the Chesapeake Health Department, Department of Environmental Quality (“DEQ”) and/or the City of Chesapeake on whether a sewerage disposal system or systems are required. The applicant/owner shall obtain all necessary approvals, including conditional use permits if applicable, and shall provide proof of approvals from the Health Department, DEQ, and/or the City of Chesapeake to the Zoning Administrator within three years of the effective date of this rezoning.

12. The applicant/owner shall record a 40’ wide ingress/egress easement, on forms acceptable to the City Attorney, along the north property line extending 600’ to the west of the proposed Battlefield Boulevard right-of-way after the dedication described in proffer number 14 below. The alignment and sufficiency of the easement shall be subject to the review and approval of the Director of Development and Permits or designee and shall be recorded prior to final site construction plan approval. This easement shall be converted to public right-of-way within 60 days of the date of written demand from the City. Additionally, a private ingress/egress easement, which shall be recorded prior to final site construction plan approval, shall connect this development’s entrance to the adjacent property to the south, in a location approved by the Director of Development and Permits or designee.

13. The applicant/owner shall construct the entrance to this site as if it were one-half of a future 4 lane divided public access road as shown on the “Exhibit to Accompany R(C)-14-13 Newman Commercial Property”, dated June 15, 2015 subject to the review and approval of the Director of Development and Permits or designee.

14. The applicant/owner shall dedicate right-of-way, at no cost to the City, for Battlefield Boulevard fronting this site such that the new right-of-way line will measure 92’ from the center of Battlefield Boulevard as defined by Sheet 38 of the Right-of-Way Acquisition plans from Route 168 Bypass construction project 0168-131-109. The alignment and sufficiency of the dedication shall be subject to the


Page 19

review and approval of the Director of Development and Permits or designee. The right-of-way dedication shall be completed by plat prior to final site construction plan approval.

15. The applicant/owner shall record a 1’ non-ingress/egress easement, on forms acceptable to the City Attorney, along the entirety of the Chesapeake/North Carolina line that traverses this property. Said easement shall be recorded by plat or exhibit with deed prior to the issuance of any certificate of occupancy on the property subject to this rezoning. Should any future development of the North Carolina portion of this parcel wish to gain access via the intersection of the entrance to this parcel with Battlefield Boulevard, the applicant/owner agrees that additional traffic studies shall be conducted to the satisfaction of the Director of Development and Permits and the applicant/owner must obtain the approval of the Director of Development and Permits prior to allowing a break in the non-ingress/egress easement referenced herein.

16. The conceptual site plan prepared by Horton & Dodd, P.C. and entitled “Exhibit to Accompany R(C)-14-13 Newman Commercial Property”, dated June 15, 2015, a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submissions, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. 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 and shall supersede any previously filed conceptual site plan.

Mrs. Hanson read R(C)-14-13 into the record for Commission review and action.

Staff Presentation:

Mr. Hobbs stated that based on the findings listed in the staff report, Planning staff recommended that R(C)-14-13 be APPROVED with the proffers as listed in the official agenda.


Page 20

Proponent:

J. Gregory Dodd, Agent, Horton & Dodd, P.C., 300 George Washington Highway, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-14-13 representing the applicant.

COMMISSION VOTE:

Commissioner Williams moved that R(C)-14-13 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Ellis seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

UP-15-20 PROJECT: Royce’s Wrecker Service APPLICANT: RichRoy, Inc. AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional use permit for the operation of a motor vehicle towing service and outside storage yard. ZONE: M-1, Light Industrial District LOCATION: 119 Tilden Avenue TAX MAP SECTION/PARCEL: 0480000001140 BOROUGH: Washington (Continued from the May 13, 2015 Public Hearing)


Planning Commission recommends that UP-15-20 be APPROVED with the following stipulations: (7-1; Morris/Perry, Williams opposed, Small excused)

1. The applicant/owner shall submit a final site construction plan to be approved by the Director of Department of Development and Permits, or their designee, and prior to the issuance of an issuance of a zoning permit/certificate of occupancy.

2. The applicant/owner shall ensure that all outside storage of vehicles are screened from view from the public right-of-way and residential and business/commercial properties by maintaining the existing six (6) fence which surrounds all outside storage. The applicant/owner shall also install Buffer Yard “E” landscaping along the entire rear property line which abuts the site zoned R-MF-1, Residential Multi-Family and a Buffer Yard “B” along the entire east side property line abutting the site zoned B-2, General Business. The Landscape Plan shall be approved by the Director of Department of Development and Permits, or their


Page 21

designee, and all landscaping shall be installed prior to the issuance of a zoning permit/certificate of occupancy Certificate of Occupancy.

3. The applicant/owner shall not inspect towed vehicles, engage in any outbound towing nor unload towed vehicles on the site subject to this use permit between the hours of 10:00 p.m. and 6:00 a.m., seven (7) days a week.

4. The applicant/owner shall drain all fluids from the wrecked vehicles prior to bringing them to the site. The applicant/owner shall also ensure that oil absorbent mats and chemicals are kept on the site.


Staff Presentation:

Mr. Griffin stated that based on the findings listed in the staff report, Planning staff recommended that UP-15-20 be DENIED as listed in the official agenda.

Proponent:

Richard Macken, Sr., Applicant, 1624 Long Ridge Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-20.

Royce Macken, Applicant, 1624 Long Ridge Road, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-20.

Shepelle Watkins-White, ShepelleWatkinsWhite Consulting & Law, PLLC, 870 Greenbrier Circle, Suite 405, Chesapeake, Virginia, appeared before the Commission on behalf of UP-15-20 representing the applicant.


Commissioner Williams wanted to clarify that there would be no usage between 10 p.m. and 6 a.m.; that the applicant would not be allowed to tow any vehicles into the storage area or unload and wanted to know if the applicant understood the stipulation. Chairman Kish said he spoke with the applicant’s representative prior to the meeting and that they were aware of the stipulations and had no problems. The City Attorney’s Office stated that the Zoning Administrator would be the one who would enforce the stipulations and that it was consistent in what had been discussed.

COMMISSION VOTE:

Commissioner Morris moved that UP-15-20 be APPROVED with the stipulations as listed in the staff report due to the long standing use of this property and that it was a compatible use with the surrounding area. Commissioner Perry seconded the motion. The motion was


Page 22

carried by a vote of 7 - 1. Commissioner Williams voted against the motion. Commissioner Small was excused.

DIRECTOR'S ITEMS: None.

UNFINISHED AND NEW BUSINESS:

1. Motion to cancel the July 22, 2015 Public Hearing.

APPROVED. (8 - 0; Williams/Van Laethem, Small excused)

2. Chairman Kish announced that the Dominion Boulevard Corridor Study was continued to the October 14, 2015 public hearing. He wanted to remind the citizens that the Planning Department were in the process of scheduling a Planning Commission Work Session meeting and a public hearing meeting on that item. He said that interested citizens should check the Planning Department web site for any upcoming meetings concerning the Dominion Boulevard Corridor Study.

ADJOURNMENT:

There being no further business to bring before the Commission, Chairman Kish declared the meeting adjourned at 8:57 p.m.

Respectfully submitted,

Beverly R. Hanson Recording Secretary

BRH

APPROVED August 12, 2015.

Date post:	21-Aug-2020
Category:	Documents
Upload:	others
View:	0 times
Download:	0 times

Chesapeake Planning Commission€¦ · 8/7/2015 · PROJECT: Little Lambs Christian Education...

Documents