Docket Item "G" R(C)-04-31(Rev 2/13) The Retreat at Greenbrier

Condominiums

CITY COUNCIL PACKAGE FOR MAY 21, 2013

Page 1 – 2 Application Summary 3 – 7 Planning Commission Minutes 8 – 13 Proffer Statement

14 – 16 Proffer Statement with changes noted 17 – 29 Staff Report: April 1, 2013 30 Site Plan 31 Aerial 32 GIS Parcel Exhibit

1 APPLICATION SUMMARY

R(C)-04-31(Rev 2/13) The Retreat at Greenbrier Condominiums

LOCATION: 1493 Kempsville Road

PROPOSAL: A conditional zoning reclassification of approximately 39.6 acres to modify proffers on property zoned RMF-1, Multifamily Residential District.

SUBMITTED: 2-11-13 ACKNOWLEDGED BY COUNCIL: 3-26-13

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION HEARING DATE: 12-8-04 RECMMENDATION: APPROVAL with proffers VOTE: 9 - 0

HEARING DATE: 4-10-13 RECOMMENDATION: APPROVAL with proffers VOTE: 8 – 0

CITY COUNCIL

HEARING DATES: 1-18-05, 2-15-05, 3-15-05 ACTION: APPROVED with revised proffers VOTE: 7 – 1 (Council Member Krasnoff voting no, Edge Excused)

ATTACHMENTS

Minutes, Proffer Statements, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(C)-04-31(Rev 2/13) The Retreat at Greenbrier Condominiums

APPLICANT/OWNER: The Retreat at Greenbrier Condominium Association c/o United Property Associates Attn: Kerry Laughlin, UPA 525 S. Independence Blvd, Suite 200 Virginia Beach, VA 23452 123-4567 kerryl@UnitedProperty.org Board Members: Anthony Constand, President Thomas McFeely, Vice President C. David Hollembeak, Treasurer Glenna Skinner, Secretary James Cross, Member at Large

AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC Attn: Ms. Shepelle Watkins-White 638 Independence Pkwy, Suite 240 Chesapeake, VA 23320 842-4833 swwhite@swwhitelaw.com

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R(C)-04-31(Rev 2/13) PROJECT: The Retreat at Greenbrier Condominiums APPLICANT: The Retreat at Greenbrier Condominium Association AGENCY: Shepelle Watkins White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 39.6 acres to modify proffers on property zoned RMF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential LOCATION: 1493 Kempsville Road TAX MAP SECTION/PARCELS: 0294003000010-0294003000400; 0294003000490-0294003000760; 0294003000970-0294003001020; 0294003001600-0294003001840; 0294003000011; 0294004001030-0294004001170; 0294004001200-0294004001240; 0294004001330; 0294004001350; 0294004001360; 0294003000004-0294003000007 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-04-31(Rev 2/13) be APPROVED with the following proffers: (8-0; Bell/Kish)

1. The applicant/owner agrees that the property shall be developed solely as an age-restricted adult community as follows:

a. 80% of the occupied residential units shall at all times have as a permanent resident at least one person who is 55 years of age or older (“qualifying occupant”), provided that in the event of the death of a person who was the sole qualifying occupant, the spouse, caregiver, or partner of such qualifying occupant may continue to occupy the residential unit as long as the provisions of the Fair Housing Act (42 U.S.C. § 3602 et seq.) relating to “housing for older persons,” such person will attain the age of 55 within 10 years from the date of death of the qualifying occupant, and all regulations promulgated thereunder, are not violated. For purposes of this article, a “qualifying Occupant” must establish residency and actually reside in the unit for at least six (6) months during every calendar year.

b. No residential unit shall be occupied by any person 18 years of age or younger for any reason. For purposes of this article, a residential unit is deemed “occupied” by any person who stays overnight in the unit for more than 21 days in any 60 day period or for more than 30 days in any 12 month period.

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c. At least 80% of the residential units constructed on the property shall be occupied by persons fifty-five (55) years of age or older in compliance with applicable federal and state laws regarding housing for older persons, including but not limited to: the Fair Housing Act, 42 U.S.C., et seq., and the exemption provided in 42 U.S.C. 3607(b)(2)(C) regarding discrimination based on familial status: the Virginia Fair Housing Law Va. Code 36-96.1 et seq.; any regulations adopted pursuant to the foregoing; any judicial decisions arising thereunder; and any amendments to the foregoing as now or may hereafter exist.

d. Specific provisions of the age restriction described above and provisions for enforcement of same shall be set forth in a declaration of restrictive covenants for development. The restrictive covenants shall conform with these criteria in all respects and shall specifically prohibit amendments or exceptions contrary to the age restriction against occupancy by persons 18 years of age or younger.

2. a. The applicant/owner agrees to establish and perpetually maintain approximately an 85 foot tree preserve buffer (“Buffer”) as depicted on a preliminary site plan dated November 24, 2004, and shall also be depicted on the final site plan. Subject to the need, from time to time for removal of dead or diseased trees, no trees shall be removed from the Buffer without the approval of the City Arborist or designee, or a representative of the Emerald Green Property Owners Association (“Association”).

b. The Buffer shall be augmented to provide additional screening with a mixture and wide variety of plantings of sufficient size and maturity that shall include but not be limited to the following: loblolly pines, Nelly Steven hollys, red buds, Leland cypresses, wax myrtles, sweet bay magnolias, eastern red cedars and red bay perseas with said plantings being planted by the applicant/owner in those areas that are generally depicted on a Landscaping Plan by Basnight Land & Lawn, Inc. (“Basnight”) dated January 24, 2005. The Landscaping Plan being attached hereto and being a part hereof of these proffers, and all plants shown therein which are to be planted by the owner/applicant shall be planted within 180 days of the approval of final site plan.

c. All plants set forth in the Landscaping Plan by Basnight which would be planted on property owned by the Greenbrier County Club (“GBCC”) shall be subject to the approval of GBCC which will be obtained by the Association prior to said plants being planted on GBCC property.

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d. Approximately one (1) year after the plants set forth in the Landscaping Plan by Basnight have been planted, a representative of the owner/applicant and a representative of the Association shall meet at the Buffer location and examine the plantings that were planted by the owner/applicant. After said meeting reasonable requests for replacement of said landscaping that has died shall be honored by the applicant/owner and undertaken or otherwise planted by the owner/applicant within sixty (60) days of receipt of a written request by the Association.

e. The applicant/owner shall plant evergreen shrub materials, such as a ligustrum variety or such other similar plant material reasonably acceptable to the Association, and approximately 3 gallon in size at the time of planning and spaced 5’ on center along the rear property line of 1312 and 1313 Turnberry Court, Chesapeake, Virginia, generally in the area along Volvo Parkway at the golf cart underpass across from the GBCC. All such plants which are to be planted by the applicant/owner shall be planted within 180 days of the final site plan approval.

3. a. The primary exterior building materials for the residential buildings shall be a mixture of brick, cultured stone and/or “hardiplank” siding. No vinyl siding shall be used. The community pool shall include a trellis or cabana. The architectural design of the residential buildings shall be substantially as shown on the exhibits dated November 15, 2004. As to proffer 3, the architectural design and exterior building materials shall be reviewed and approved by the Planning Director or designee prior to the approval of the final site plan.

b. In addition to the aforesaid requirements of 3.a. herein, the rear exterior walls (“Walls”) of those dwelling units that have a rear property line at or near GBCC golf course or Prestwick Court shall be constructed with the Walls consisting solely of brick and/or simulated stone and said Walls shall not contain any hardiplank. The applicant/owner shall have the discretion to determine which homes shall have the Walls entirely of brick or entirely of simulated stone.

4. The applicant/owner agrees to design, provide, construct, install, and dedicate to the City the following public road improvements and traffic devices, in accordance with the requirements and specifications in the Subdivision Ordinance and Public Facilities Manual, as determined by the Director of Public Works or designee:

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a. The applicant/owner shall design and install a traffic signal at Plantation Lakes Circle, Kempsville Road, and Bishopstoke Drive in accordance with the policies and specifications of the Department of Public Works. The cost of designing, producing, and installing the traffic signal shall be bonded prior to recordation of a final subdivision plat for all or any portion of the property subject to this application R(C)-04-31. The applicant/owner shall install the traffic signature in accordance with approved timing and sequencing plans within six (6) months of receipt of the issuance of a notice to proceed from the Department of Public Works.

b. The applicant/owner agrees to design, construct and dedicate Bishopstoke Drive, in accordance with the Rezoning Exhibit prepared by Hassell & Folkes, date-stamped November 24, 2004. The street shall be [bonded or] completed and dedicated prior to final site plan approval for any portion of the subject property. The applicant/owner acknowledges that a variance from the Subdivision Ordinance shall be required to satisfy the radius requirement in the Rezoning Exhibit. The applicant/owner shall timely make application to the Planning Commission for such a variance and shall pursue the variance request with due diligence until all administrative appeals are exhausted. If the variance is denied by the Planning Commission and on appeal, by City Council, the applicant/owner agrees to redesign the street in accordance with the direction of the Department of Public Works and within the constraints of law, the provisions of this paragraph pertaining to a variance shall be moot.

c. The applicant/owner understands that identical proffers to those above (4.a. and 4.b.) have been made in a companion rezoning application known as “The Church at the Retreat” (R(C)-04-34), but nevertheless acknowledges and agrees that primary responsibility for all costs and activities associated with the design, production, installation, timing and sequencing of the traffic signal lies with the applicant/owner of the subject property, including their successors and/or assigns. Similarly, primary responsibility for obtaining a variance for, and designing, constructing and dedicating “Bishopstoke Drive, lies with the owner/applicant of the subject property, including their successors and/or assigns.

5. a. The applicant/owner shall install a landscape buffer along the northern boundary where such boundary is shared with the adjacent Emerald Forest subdivision. Such landscape buffer shall be approximately 10’ in width and improved with evergreen shrub materials approximately 3 gallon in size at the time of

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planting and spaced 5’ on center. Shrubs to be placed within said buffer shall be a ligustrum variety or such other similar plant material as may be approved by the City Arborist. The landscaping requirements in this Proffer 5 shall be in addition to requirements of the City of Chesapeake’s landscape ordinance.

b. The applicant/owner shall construct and install brick columns along the northern property line where such boundary is shared with the Emerald Forest subdivision. The brick columns shall be generally as shown on an exhibit dated December 15, 2004. The brick columns subject to this proffer shall be placed approximately on the rear property line of the aforesaid shared boundary and shall be spaced 20’ apart. The columns and landscaping required herein shall be installed within six (6) months after the recordation of the subdivision plat and before the commencement of any construction of any residential dwelling unit. The applicable areas of the proposed tree preserve and BMP shall be excluded from the requirements of proffer 5.

c. The applicant/owner shall construct and install four (4) brick columns along the northern property line nearest to Alixis Way. One set of two (2) columns shall be constructed and installed on each side of the boundary line that crosses Alixis Way. Between the brick columns shall be a ten (10) foot long, six (6) foot high brick wall that shall join and abut each set of columns. The fencing requirements in this Proffer 5 shall be in addition to the requirements of the City of Chesapeake’s fencing requirements that may be required by the City’s landscape ordinance.

Mrs. Hanson read R(C)-04-31(Rev 2/13) into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended R(C)-04-31(Rev 2/13) be APPROVED with the proffers as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-04-31(Rev 2/13) be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 8 - 0.

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The Retreat at Greenbrier Condominium R(C)-04-31(Rev 2/13) APPLICANT: The Retreat at Greenbrier Condominium Association AGENCY: Shepelle Watkins White Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of approximately 39.6 acres to modify proffers on property zoned RMF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Medium Density Residential LOCATION: 1493 Kempsville Road TAX MAP SECTION/PARCELS: 0294003000010-0294003000400; 0294003000490-0294003000760; 0294003000970-0294003001020; 0294003001600-0294003001840; 0294003000011; 0294004001030-0294004001170; 0294004001200-0294004001240; 0294004001330; 0294004001350; 0294004001360; 0294003000004-0294003000007 BOROUGH: Washington