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City Council Work Session December 20, 2016
A Regular Work Session of the Chesapeake City Council was held December 20,
2016 at 4:45 p.m., in the City Hall Building, 306 Cedar Road.
Present: Council Member Lonnie E. Craig
Council Member Roland J. Davis, Jr.
Council Member John de Triquet
Council Member Robert C. Ike, Jr.
Council Member Suzy H. Kelly
Mayor Alan P. Krasnoff
Council Member S. Z. “Debbie” Ritter
Council Member Ella P. Ward
Vice Mayor Richard “Rick” West
Absent: None
Present from Administration: City Manager James Baker, City Attorney Jan Proctor,
Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis, City
Clerk Sandy Madison, Director of Finance Nancy Tracy, Director of Planning Jaleh
Shea, Public Works Director Eric Martin, Director of Economic Development Steven
Wright, City Auditor Jay Poole, Assistant Director of Planning Karen Shaffer, Assistant
to the City Manager Anna D’Antonio, and other staff members.
Also present: Cherry Bekaert Representative Krista Edoff and Audit Committee citizen
member/expert Patrick Corbin
The following topics were discussed during the Work Session:
The Work Session adjourned at 5:38 p.m.
/cs
1. Upcoming Agenda Items
2. Comprehensive Annual Financial Report
3. Statements of Economic Interest
4. Jolliff Landing
Regular City Council Meeting December 20, 2016
A Regular Meeting of the Chesapeake City Council was called to order by Mayor
Alan P. Krasnoff on December 20, 2016 at 6:30 p.m. in the City Hall Building, 306 Cedar
Road.
INVOCATION: Pastor Bill Kidd from Bethel Baptist Church
PLEDGE OF ALLEGIANCE: Arrow of Light Den of Tidewater Council Pack 259
ROLL CALL BY CLERK OF COUNCIL:
Present: Council Member Lonnie E. Craig
Council Member Roland J. Davis, Jr.
Council Member John de Triquet (Excused at 6:58 p.m.)
Council Member Robert C. Ike, Jr.
Council Member Suzy H. Kelly
Mayor Alan P. Krasnoff (Excused at 6:58 p.m.)
Council Member S.Z. “Debbie” Ritter
Council Member Ella P. Ward
Vice Mayor Richard “Rick” West
Absent: None
Present from the Administration: City Manager James Baker, City Attorney Jan
Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis,
City Clerk Sandy Madison, Planning Director Jaleh Shea and other staff members.
APPROVAL OF MINUTES
Mayor Krasnoff stated that there were no minutes submitted for approval.
APPLICANTS’, AGENTS’, & CITIZENS’ COMMENTS ON PUBLIC HEARING ITEMS
City Clerk Madison identified the following speakers prior to the presentation of the
Public Hearing Items:
Shepelle Watkins-White, 870 Greenbrier Circle, Suite 405, representing Atlantic
Land and Development, LLC, requested a continuance of Public Hearing Item (B) to the
January 17, 2017 City Council meeting.
Laurie Perriello, 1045 Shillelagh Road, representing self, spoke in opposition to
Public Hearing Item (B).
Kathy Selikson, 724 Inlet Quay, representing self, spoke in opposition to Public
Hearing Item (B).
Christina Teeuwen, 946 Shillelagh Road, representing self, spoke in opposition to
Public Hearing Item (B).
Mayor Krasnoff recognized Council Member de Triquet.
Council Member de Triquet, on a motion seconded by Vice Mayor West, moved to
suspend City Council’s Rules of Order and Procedure to amend the agenda to move
Public Hearing Item (K) and City Manager Items 3(A), (B), (C), (D) and (E) forward and
to add Planning Commission appointments.
There was no discussion.
December 20, 2016
2
On the motion to suspend City Council’s Rules of Order and Procedure to amend
the agenda to move Public Hearing Item (K) and City Manager Items 3(A), (B), (C), (D)
and (E) forward and to add Planning Commission appointments, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None.
PUBLIC HEARING ITEM
K. PLN-PUDC-2016-006 Jolliff Landing at Western Branch APPLICANT:
Kotarides Developers LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning
reclassification of 169± acres from A-1, Agricultural District (144+ acres), B-2, General
Business District (24+ acres), and O&I, Office and Institutional District (1+ acre) to PUD,
Planned Unit Development District, to construct a mix of residential, commercial and
recreational uses. PROPOSED COMP LAND USE / DENSITY: Low Density
Residential/<4 du/acre, Business/Commercial. EXISTING COMP LAND USE /
DENSITY: Light Industry/Logistics; Office/Research; Business/Commercial LOCATION:
Northwest of the intersection of Jolliff Road and Portsmouth Boulevard. TAX MAP
SECTION/PARCELS: 0150000001980, 0150000002200, 0150000002220,
0151007000070, 0151007000071, portion of 0150000002210, portion of
0150000001971. BOROUGH: Western Branch
Staff recommended denial.
Planning Commission recommended approval with the Development Criteria
dated October 18, 2016, which includes approval of the deviation from the required
diversity of housing types.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
Item (K):
Grady Palmer, 999 Waterside Drive, Norfolk, representing the Kotarides
Developers, LLC.
Walton “Pete” Burkhimer, 448 Viking Drive Suite 170, Virginia Beach, representing
Kotarides Developers, LLC.
Council Member de Triquet, on a motion seconded by Vice Mayor West, moved to
continue PLN-PUDC-2016-006 to the January 10, 2017 City Council meeting.
There was no discussion.
On the motion to continue PLN-PUDC-2016-006 to the January 10, 2017 City
Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,
Krasnoff, Ritter, Ward and West.
Voting no: None
City Manager Items
(3) A. RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
CHESAPEAKE, THE CHESAPEAKE ECONOMIC DEVELOPMENT AUTHORITY, AND
DOLLAR TREE, INC. AND ITS AFFILIATES (“DOLLAR TREE”) TO FACILITATE
ECONOMIC DEVELOPMENT OPPORTUNITIES IN GREENBRIER BY
December 20, 2016
3
CONTRIBUTING TO PUBLIC IMPROVEMENTS RELATED TO THE DOLLAR TREE
HEADQUARTERS EXPANSION ON VOLVO PARKWAY
City Manager Baker presented the item.
Council Member Craig, on a motion seconded by Council Member Davis, moved
approval of the Resolution, as presented.
There was no discussion.
On the motion to approve the Resolution, as presented, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None
B. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATION AGREEMENT WITH THE CHESAPEAKE ECONOMIC
DEVELOPMENT AUTHORITY
City Manager Baker presented the item.
Council Member de Triquet, on a motion seconded by Vice Mayor West, moved
approval of the Resolution, as presented.
There was no discussion.
On the motion to approve the Resolution, as presented, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None
C. RESOLUTION BY THE CHESAPEAKE CITY COUNCIL APPROVING AN
ECONOMIC DEVELOPMENT INVESTMENT GRANT TO DOLLAR TREE, INC. AND
TRANSFERRING APPROPRIATED FUNDS FOR SUCH GRANT TO THE ECONOMIC
DEVELOPMENT AUTHORITY
City Manager Baker presented the item.
Council Member Ike, on a motion seconded by Council Member Kelly, moved
approval of the Resolution, as presented.
There was no discussion.
On the motion to approve the Resolution, as presented, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None
D. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMMONWEALTH’S DEVELOPMENT OPPORTUNITY FUND PERFORMANCE
AGREEMENT BY AND AMONG THE CITY OF CHESAPEAKE, VIRGINIA, THE
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CHESAPEAKE, AND
DOLLAR TREE, INC. AND ITS AFFILIATES
City Manager Baker presented the item.
Council Member Ritter, on a motion seconded by Council Member Ward, moved
approval of the Resolution, as presented.
There was no discussion.
On the motion to approve the Resolution, as presented, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None
December 20, 2016
4
E. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS AND OTHER NECESSARY DOCUMENTS, AND MAKE NECESSARY
APPROPRIATIONS, FOR THE DISBURSEMENT OF THE COMMONWEALTH’S
DEVELOPMENT OPPORTUNITY FUND GRANT IN THE AMOUNT OF $4 MILLION, A
CITY OF CHESAPEAKE ECONOMIC DEVELOPMENT INVESTMENT GRANT IN THE
AMOUNT OF $4.5 MILLION, AND A VIRGINIA DEPARTMENT OF TRANSPORTATION
ACCESS PROGRAM GRANT IN THE AMOUNT OF $650,000.00, WITH A MATCH OF
UP TO $150,000.00 FROM THE CITY OF CHESAPEAKE FOR USE IN
CONSTRUCTING PUBLIC INFRASTRUCTURE IN THE GREENBRIER AREA OF THE
CITY
City Manager Baker presented the item.
Council Member Craig, on a motion seconded by Council Member Davis, moved
approval of the Resolution, as presented.
There was no discussion.
On the motion to approve the Resolution, as presented, voting yes: Council
Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.
Voting no: None
Mayor Krasnoff relinquished the gavel to Vice Mayor West.
APPOINTMENTS TO BOARDS AND COMMISSIONS
Planning Commission – 3 vacancies (Nominations were made at the December
13, 2016 City Council meeting and interviews were held on December 20, 2016 prior to
the Work Session.)
Vice Mayor West instructed Council Members to vote for three of the nominees.
Kevin Amick received four votes from Council Members Davis, de Triquet, Ike and
Krasnoff.
Ed Coyner received two votes from Council Members Craig and Ike.
Harold Gilbert received five votes from Council Members Craig, Davis, Kelly, Ritter
and West.
Michael Malone received three votes from Council Members Craig, Krasnoff and
Ward.
John McCormick received six votes from Council Members Davis, de Triquet, Ike,
Kelly, Krasnoff and Ritter.
Leonard Myers received one vote from Council Member Ward.
James Taliaferro received three votes from Council Members Kelly, Ritter and
West.
David Washington received two votes from Council Members de Triquet and Ward.
John McCormick received a majority of votes qualifying for reappointment.
Harold Gilbert received a majority of votes to fill the second vacancy.
Second round of voting
Vice Mayor West instructed Council Members to vote for one nominee.
Kevin Amick received five votes from Council Members Davis, de Triquet, Ike,
Krasnoff and Ward.
Ed Coyner received one vote from Council Member Craig.
Michael Malone received no votes.
December 20, 2016
5
Leonard Myers received one vote from Council Member West.
James Taliaferro received two votes from Council Members Kelly and Ritter.
David Washington received no votes.
Kevin Amick received a majority of votes to fill the third vacancy.
John McCormick was reappointed; Harold Gilbert and Kevin Amick were appointed
to the Planning Commission.
Mayor Krasnoff and Council Member de Triquet were excused at 6:58 p.m.
COUNCIL’S CONSIDERATION OF THE PUBLIC HEARING ITEMS
A. R(C)-15-22 Sawyer Property APPLICANT: Titan Myers Development, LLC
AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of
approximately 43.57± acres from R-15s, Residential District (4.18± acres) and A-1,
Agricultural District (39.9± acres), to R-10s, Residential District. PROPOSED COMP
LAND USE / DENSITY: Low Density Residential with no more than 2.2 dwelling units
per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with no
more than 4 dwelling units per acre. LOCATION: 1833 & 1837 Elbow Road TAX MAP
SECTION/PARCELS: 0390000000051, 0390000000030 BOROUGH: Washington
Staff recommended denial.
Planning Commission recommended approval with the following proffers:
1. The owner/applicant agrees to create a Property Owner’s Association and
record private covenants and deed restrictions to adopt Architectural Design Standards
required for residential construction and to own and maintain all open spaces and
stormwater movement features as depicted on the exhibit date received July 18, 2016.
The Design Standards at a minimum shall include items a) through g) listed below. The
enforcement of the architectural and design requirements shall be the sole responsibility
of the Property Owner’s Association.
a. The owner/applicant 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 vinyl siding or substantially similar material, as determined by the
Director of Planning, or designee. Vinyl siding shall be a minimum .044 inch thick lapped
or beaded siding only. Dutch lap siding shall not be permitted.
b. The owner/applicant agrees to offer a minimum of four (4) elevations for
sale within the subdivision and furthermore agrees that at least 3 of the offered elevations
shall include brick or stone exterior features.
c. The owner/applicant agrees that only architectural style shingles shall be
permitted; 3-tab shingles shall be prohibited.
d. The owner/applicant agrees that all residential dwellings must have a crawl
space or raised/elevated slab. Concrete block shall be finished with brick, stone or stucco,
and exposed block skirts shall not be permitted.
e. The owner/applicant agrees that each residential dwelling shall be provided
with a minimum two-car garage. The owner/applicant also agrees that the front building
elevation shall not include projections of building walls forward of the front door of the
building by more than three (3) feet in length.
December 20, 2016
6
f. The owner/applicant agrees that one-story dwellings shall have a minimum
of 1,500 square feet of heated living space, and two-story dwellings shall have a minimum
of 1,900 square feet of heated living space.
g. The owner/applicant further agrees that all of the dwellings constructed
within the subdivision shall have covered front porches with a minimum depth of four (4)
feet.
2. The applicant/owner agrees to limit the development to 84 single-family lots.
The development of the subject property shall be consistent with the rezoning exhibit date
received July 18, 2016 as determined by the Director of Planning or designee, provided
that the location and size of the proposed stormwater management and lakes may be
adjusted based on design and engineering requirements.
3. The applicant/owner agrees to make a cash contribution to the City of
Chesapeake for Capital Improvements to public school facilities, public transportation,
public libraries, and public emergency service facilities. The amount of the voluntary cash
contribution shall be $2,546 per single-family dwelling. The applicant/owner agrees to
make the proffered cash contribution prior to the issuance of a certificate of occupancy
for each residential dwelling unit. 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 used for capital improvements as permitted
by the Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of
Virginia. The cash proffers 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
contribution shall be allocated as follows: Schools $1,591; Transportation $0; Libraries
$570; Emergency Services $385.
4. The owner/applicant agrees to dedicate one-half of the ultimate 120’ right-
of-way along the entirety of the property’s frontage with Elbow Road in accordance with
the 2050 Master Transportation Plan, at no cost to the City. The alignment and sufficiency
of the dedication shall be subject to the review and approval of the Director of
Development and Permits or designee. The right-of-way dedication shall be recorded with
the initial subdivision plat for the property subject to this rezoning.
5. The applicant/owner agrees to construct 24 feet of pavement width and all
associated curb and gutter improvements to Elbow Road, from the eastern end of the
project’s left turn lane on Elbow Road, as determined by the Director of Development &
Permits, or designee, and extending approximately 1,215 feet eastward along Elbow
Road. These improvements shall be subject to the review and approval of the Director of
Development and Permits or designee and the width of the gutter shall not count toward
the pavement width. These improvements shall be completed, or included in the
subdivision bond to assure completion, prior to the recordation of the first subdivision plat
in the development. If all or part of these improvements are bonded, the subdivision
agreement shall provide for their completion not less than nine (9) months after the date
of recordation of said first subdivision plat.
December 20, 2016
7
6. The applicant/owner agrees to construct an east bound turn lane from
Elbow Road into Bethel Baptist Church. The length and other geometric parameters of
this left turn lane shall be done in the best feasible manner, within the existing right of way
of Elbow Road, as determined by the Director of Development and Permits or designee.
These improvements shall be completed, or included in the subdivision bond to assure
completion, prior to the recordation of the first subdivision plat in the development. If all,
or part, of these improvements are bonded, the subdivision agreement shall provide for
their completion not less than nine (9) months after the date of recordation of said first
subdivision plat.
7. A conceptual site plan prepared by MSA, PC 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 submission, 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 the Department of Development and
Permits and shall supersede any previously filed conceptual site plan.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
Item (A):
Grady Palmer, 999 Waterside Drive, Norfolk, representing Titan Myers
Development, LLC.
William Kidd, 1522 Eagle Glen Drive, representing Bethel Baptist Church.
James Sawyer, 1701 Elbow Road, representing self.
Lee Simmons, 5229 Stratford Chase, Virginia Beach, representing self.
Council Member Ike, on a motion seconded by Council Member Craig, moved to
approve R(C)-15-22.
Director of Development and Permits Jay Tate was called to the podium to discuss
the location of the improvements on Elbow Road.
Council Member Davis and Ms. Shea discussed: 1) the level of service for schools
in the Dollar Tree site plan and 2) the economic impact of the rezoning.
Discussion continued between Council Member Davis and Ms. Shea on the
economic impact.
Council Member Davis noted his opposition to the item; he opined the City must
invest in infrastructure and put safety ahead of development.
Council Member Ritter and Ms. Shea discussed the level of service for schools
and the planning applications currently being considered by staff.
December 20, 2016
8
Director of Development and Permits Jay Tate returned to the podium to discuss
the dimension of city streets.
Council Member Ritter noted her opposition to the item; she commented on the
issues with safety and school enrollment, along with additional taxpayer responsibilities.
Discussion ensued between Council Members and Mr. Tate on the possibility of a
joint collaboration with the City of Virginia Beach on Elbow Road improvements.
Council Member Kelly noted her opposition to the item; she commented on the
safety issues and the impact it would have on schools.
Council Member Ward reiterated fellow Council Members’ concern about road
safety.
Mr. Palmer was called to the podium to discuss the merits of the project and
whether a continuation would be warranted.
Council Member Ritter opined that a two month continuation would not be sufficient
to correspond with the timeline for future funding or the level of service.
There was no additional discussion.
Council Member Ike withdrew his motion for approval and Council Member Craig,
as the second, agreed to the withdrawal.
Council Member Ike, on a motion seconded by Council Member Craig, moved to
continue R(C)-15-22 to the June 20, 2017 City Council meeting.
There was no discussion.
On the motion to continue R(C)-15-22 to the June 20, 2017 City Council meeting,
voting yes: Council Members Craig, Ike, Kelly, Ritter, Ward and West.
Voting no: Council Member Davis (Mayor Krasnoff and Council Member de Triquet
excused)
B. PLN-REZ-2016-021 Cardinal Meadows APPLICANT: Atlantic Land and
Development Company, LLC AGENCY: Parrish-Layne Design Group PROPOSAL: A
conditional zoning reclassification of approximately 27.8 acres from A-1, Agricultural
District (19.8 acres), R-15s, Residential District (5 acres) and M-1, Light Industrial District
(3 acres) to R-MF1, Multifamily Residential District. PROPOSED COMP LAND USE /
DENSITY: Medium Density Residential/11.2 du/acre EXISTING COMP LAND USE /
DENSITY: Dominion Boulevard Corridor District (Urban Mixed Use with 40-80%
residential at 30 du/ac; 10-30% office; 10-30% retail; Recreation; Stormwater)
LOCATION: Northeast corner of the intersection of Shillelagh Road and Ward Road,
west of Cahoon Parkway. TAX MAP SECTION/PARCEL: 0460000000520,
0460000000530, 0460000000531, 0460000000532, 0460000000533, and
0460000000534. BOROUGH: Deep Creek
Staff recommended denial.
Planning Commission recommended approval with the following proffers:
1. The applicant/owner agrees the total residential unit count shall not exceed
247 single-family attached condominium dwelling units.
2. The applicant/owner agrees to make a cash contribution to the City of
Chesapeake for capital improvements to public school facilities, public transportation
facilities, public libraries and public emergency service facilities. The amount of the
voluntary cash contribution shall be $3,000 per residential dwelling unit. The
December 20, 2016
9
applicant/owner agrees to make the cash proffer contribution prior to the issuance of a
certificate of occupancy for each residential 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 used for capital improvements as permitted by the
Chesapeake Proffer Policy, the Chesapeake Zoning Ordinance and the Code of Virginia.
The cash proffers 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 $848; Transportation $1,186; Libraries $576; Emergency Services
$390.
3. On or before the sale of the first residential unit, the applicant/owner shall
record private covenants and restrictions to create a Property Owner’s Association, which
shall maintain all common areas and enforce the following architectural proffers. The
applicant/owner agrees that the following architectural proffers shall govern all new
construction of single-family attached condominium dwelling units on the subject property.
These provisions (a-f) shall be recorded in the Office of the Circuit Court as Deed
Restrictions for all units resulting from this rezoning application. Said Deed Restrictions
shall be subject to the review and approval of the Chesapeake Zoning Administrator for
compliance with this Proffer Statement prior to recordation. These deed restrictions shall
be recorded prior to issuance of the first residential building permit.
a. Homes shall have a minimum square footage of heated living space of
1,600 square feet.
b. Foundations shall be raised slab construction elevated at least 1 foot above
final grade and shall be finished with either brick or parged concrete finishes.
c. No more than three exterior materials shall be allowed on each structure,
not including doors, windows, shutters, railings, columns and roof materials.
d. Roofing materials shall be, at a minimum, dimensional, or architectural
asphalt shingles with a weight of 250 pounds per “square” (100 square feet) or greater
will be acceptable, with a minimum 25 year warranty. Standing seam, pre-finished metal
roofs, painted galvanized metal roofs, composite slate and composite cedar roofs are
allowed.
e. Exposed roof vent stacks shall be located on the rear of the house for
minimum visibility and shall be either painted black or another color matching the roof.
Vented fireplace boxes are permitted provided, that they are constructed out of the same
primary material as the house and the roof lines are consistent with the main house.
f. Owner/applicant agrees the proposed project shall be developed in
substantial conformance with the building elevations date-stamped 6/29/16 on file with
the Planning Department. Said Architectural Plans shall be subject to the review and
approval of the Planning Director or his designee prior to final construction plan approvals.
4. The applicant/owner agrees to provide for the installation of a traffic signal
at the intersection of Cahoon Parkway and Grassfield Parkway in accordance with the
following:
December 20, 2016
10
a. A warrant of need analysis may be conducted by the Director of
Development and Permits, or designee, to determine whether the applicant/owner shall
install the traffic signal. The warrant of need may be conducted at any time prior to the
issuance of a certificate of occupancy for the 150th residential unit on the property.
b. The traffic signal design and installation shall be subject to the review and
approval of the Director of Development and Permits and shall be installed within six (6)
months of the date designated on a written notice to proceed issued by the Director of
Development and Permits, or designee.
c. The applicant/owner shall bond the approved traffic signal as provided for
in Section 70-122 of the Chesapeake City Code.
d. In the event that the analysis does not warrant the installation of the traffic
signal before the issuance of a certificate of occupancy for the 150th residential unit or if
no warrant of need analysis has been conducted, the applicant/owner agrees to make a
cash contribution of $20,000 to be paid before the issuance of a certificate of occupancy
for the 150th residential unit. This payment shall represent the project’s pro rata share of
the cost of the traffic signal. Upon receiving such payment, the bond provided for in
subparagraph c. above shall be released and the applicant/owner’s obligations under
subparagraph a. and b. above shall be extinguished.
e. In the event that the applicant/owner is required to install the traffic signal,
the applicant/owner, or its assign, shall be entitled to all other proffered pro rata payments
for the installation of the traffic signal received by the City, including but not limited to
R(C)-07-23 and any other applicable rezoning or conditional use permit. However, the
applicant/owner shall not receive an amount of pro rata payments in excess of the actual
cost of the installation of the traffic signal, as determined by the City.
5. The conceptual site plan submitted by Parrish-Layne Design Group and
date-stamped June 30, 2016 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 shall any cause of action arise from the
submission, 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 file conceptual site plan.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers:
Ottis Spruill, 929 Shillelagh Road, representing self, spoke on Public Hearing Item
(B).
December 20, 2016
11
City Clerk Madison identified the following speakers in opposition to Public Hearing
Item (B):
Paul Pearce, 1044 Shillelagh Road, representing self.
Tommy Jones, 1173 Shillelagh Road, representing self.
Council Member Ike, on a motion seconded by Council Member Ward, moved to
continue PLN-REZ-2016-021 to the January 17, 2017 City Council meeting.
Council Member Davis requested clarification on staff’s recommendation; Ms.
Shea summarized the criteria required for the 2035 Land Use Plan and/or the Dominion
Boulevard Corridor District Master Land Use Plan.
Director of Development and Permits Jay Tate was called to the podium.
Discussion ensued between Council Member Davis and Mr. Tate on the effect the
Kroger development would have on drainage; Mr. Tate provided an update on completed
drainage improvements in the Dominion Corridor and a timeline of the project.
Discussion ensued between Council Member Ritter and Ms. Shea on staff’s
recommendation of the application prior to the approval of the Dominion Corridor Plan.
Mrs. Ritter requested staff provide a report on drainage improvements scheduled for the
area.
Vice Mayor West voiced his support of the continuance request in order for the
applicant to find a possible solution to the issue.
There was no additional discussion.
On the motion to continue PLN-REZ-2016-021 to the January 17, 2017 City
Council meeting, voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and
West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
C. #16-O-131 PLN-REZ-2016-024 Gilmerton Energy Center APPLICANT:
Gilmerton Energy Center, LLC AGENT: Shepelle Watkins White Consulting & Law, PLLC
PROPOSAL: A conditional zoning reclassification of 40.5± acres from M-3, Waterfront
Industrial District, to M-2, General Industrial District in order to construct an electric power
generation facility. PROPOSED COMP LAND USE / DENSITY: Industrial/Logistics
EXISTING COMP LAND USE / DENSITY: Industrial/Logistics LOCATION: 2801 S.
Military Highway. TAX MAP SECTION/PARCEL: Portion of 0260000000120
BOROUGH: Deep Creek
The Planning Commission and staff recommended approval with the following
proffers:
1. The applicant/owner agrees that the use of the property subject to this
rezoning shall be limited to SIC Code 4911, Electric Power Generation.
2. The applicant/owner agrees that this conceptual site plan prepared by
American Engineering and entitled, “Gilmerton Energy Center”, dated August 8, 2016, 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 submission, 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,
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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.
Unless otherwise indicated in this proffer statement, the public improvements depicted on
this site plan are not being proffered.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
Item (C):
Shepelle Watkins-White, 870 Greenbrier Circle Suite 405, representing Gilmerton
Energy Center, LLC.
Walton “Pete” Burkhimer, 448 Viking Drive Suite 170, Virginia Beach, representing
Gilmerton Energy Center, LLC.
John Ragone, 2405 Incline Drive Suite 200, Richmond, representing Gilmerton
Energy Center, LLC.
Council Member Ward, on a motion seconded by Council Member Kelly, moved
approval of PLN-REZ-2016-024, with proffers, as presented.
There was no discussion.
On the motion to approve PLN-REZ-2016-024, with proffers, as presented, voting
yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
D. PLN-USE-2016-035 Gilmerton Energy Center APPLICANT: Gilmerton Energy
Center, LLC AGENT: Shepelle Watkins White Consulting & Law, PLLC PROPOSAL: A
conditional use permit to allow an electric power generation facility on a 40.5± acres
parcel. The applicant seeks multiple height exceptions to allow a maximum height of 170
feet for buildings and 320 feet for stacks. ZONE: M-3, Waterfront Industrial District
LOCATION: 2801 South Military Highway TAX MAP SECTION/PARCELS: Portion of
0260000000120. BOROUGH: Deep Creek
The Planning Commission and staff recommended approval with the following
stipulations:
1. This permit is for the construction and operation of an electric power
generation facility. This facility shall be constructed, operated and maintained in
accordance with all rules and regulations of the Chesapeake City Code and Zoning
Ordinance, with any and all terms and conditions of this conditional use permit, and in
compliance with all federal, state and local laws and regulations for this use; including but
not limited to all permit and license requirements and compliance regarding the use,
storage and transportation of chemicals used at the facility.
2. The conditions of this use permit shall be binding on any person, entity,
including the owner and applicant, its assigns, successors, and any subsequent
assignee(s), successor(s), owner(s), operator(s), or lessee(s) owning, operating or
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13
leasing the power generation facility and accessory facilities situated on the site subject
to this use permit.
3. This use permit is limited to an Electric Power Generation facility (SIC
4911), with its customary accessory uses. The generation of electricity from burning coal
or nuclear reaction is expressly prohibited on this site. Combustion turbines shall operate
using natural gas, with ultra-low diesel utilized on limited hours as permitted by the
Virginia Department of Environmental Quality.
4. The applicant/owner agrees that construction activities that produce noise
between the hours of 7:00 p.m. and 7:00 a.m. shall not exceed a noise level of 65 dBA
(decibels) at the property line of the facility, as measured in accordance with Article 26,
Chapter V of the Chesapeake City Code.
5. Prior to the issuance of a certificate of occupancy, the applicant/owner shall
secure and maintain all federal, state and local licenses and certificates to do business in
the Commonwealth of Virginia and the City of Chesapeake.
6. Prior to the issuance of a certificate of occupancy, the applicant/owner shall
provide the Director of Development & Permits, or designee, a copy of any and all permits
and/or licenses from the Virginia Department of Environmental Quality, Environmental
Protection Agency, and any other governmental agency regulating this use. Further, the
applicant/owner shall also submit final design, construction and operational plans
attached to all approvals for this facility to the Director of Development and Permits or
designee within thirty (30) days after final approval has been received.
7. The applicant/owner shall allow designated City representatives or
employees access to the facility, subject to all safety requirements and obligations
imposed upon the applicant/owner pursuant to local, state, and federal codes and
regulations, for the purposes of inspection to assess compliance with the conditions of
this use permit.
8. The applicant/owner shall provide written notification to the City Manager
within three (3) calendar days if the applicant/owner discovers the presence of any fly ash
during the development of this site. Further, if any disturbance of fly ash occurs, then the
applicant/owner shall obtain a certificate from a licensed engineer and other professional
that any disturbance of fly ash that may occur in connection with activities performed
under the approved site plan have been permitted by, to the extent required, and
conducted in accordance with the laws and regulations enforced by the U. S.
Environmental Protection Agency and the Virginia Department of Environmental Quality.
9. Except where otherwise required by the Federal Aviation Administration
(FAA) or other state or federal agency having jurisdiction, all exterior, permanent lights
shall be arranged and installed so that the direct or reflected illumination does not exceed
0.5 foot candles above background measured at the lot line. All permanent light sources
shall be directional and shielded fixtures that cast light downward. In addition, all lighting
shall be directed away from adjoining properties and public rights-of-way to reduce glare
and interference.
10. Prior to the issuance of a certificate of occupancy, the applicant/owner shall
secure the property subject to this use permit to ensure there shall be no public access
to the Property. To accomplish this, the applicant/owner shall, at its own cost and
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expense, install a six-foot high security fence with an anti-climbing device and lockable
gates with Knox Box locks (or equivalent equipment or access protocol approved by the
City’s fire marshal) around the perimeter of the Property.
11. Permanent entrance ways and parking areas (excluding on-site travel
ways) shall be paved with an asphalt surface or better and shall be maintained in a
manner that will keep dust to a minimum so as not to adversely impact adjacent
properties.
12. There shall only be one (1) permanent detached sign which will be a
monument type sign with landscaping as required by the Chesapeake Zoning Ordinance.
Any lighting of the sign shall be from above and shielded away from adjacent properties.
The applicant/owner shall include details of the sign on the site plan and shall install the
sign prior to the issuance of a certificate of occupancy.
13. Prior to final site construction plan approval, the applicant/owner shall
submit a combined Landscape Plan including the landscape requirements put forth in
Section 19-600 et seq. of the Zoning Ordinance and the approved CBPA Committee
Review PLN-CBPA-2016-042 tree canopy requirements (dated October 4, 2016) to the
City’s Director of Development and Permits. The Landscape Plan shall provide a fifteen
foot (15’) wide modified Buffer D abutting Military Highway, to include a three foot (3’) high
berm, with tall growing evergreen shrub species six feet (6’) in height at planting, in a
configuration designed to provide dense screening, all of which shall be subject to the
review and approval of the Landscape Coordinator. The plant materials in the modified
Buffer D may be applied to the required CBPA tree canopy requirements. The
applicant/owner shall install the referenced landscape and CBPA plant materials, except
as otherwise required by a federal agency, prior to the issuance of a certificate of
occupancy and activation of this conditional use, subject to the review and approval of
the Directors of Planning and Development and Permits or their designees.
14. Except where otherwise required by FAA or other state or federal agency
having jurisdiction, structures or portions thereof above elevation 40 (NAVD 1988) shall
be a neutral or earth tone color reasonably designed to blend as much as possible into
the surrounding natural environment, as determined by the City’s Director of Planning or
designee. Details of the treatment of these structures shall be included on the
architectural plans for the facility.
15. The applicant/owner shall submit a plan addressing how they will manage
the construction of the site with the final site plan submission. This plan shall include
provisions to ensure that temporary construction entrances and access roads are
provided appropriately, that “wide load” and large truck impacts on the existing routes are
minimized, and that access routes to and from the site are planned to minimize conflicts
and impacts on the surrounding community and shall be subject to the review and
approval of the City’s Director of Development and Permits or designee.
16. The applicant/owner shall utilize Best Available Control Technology (BACT)
as determined by the Virginia Department of Environmental Quality in order to minimize
impacts on air quality.
17. The applicant/owner shall not use any on-site water wells for the Electric
Power Generation facility subject to this use permit.
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15
18. The applicant/owner will operate at or below the emissions established in
its Virginia Department of Environmental Quality (DEQ) and/or U.S. Environmental
Protection Agency (EPA) permits. The permit criteria and limits will be established by
DEQ and/or EPA.
19. All complaints regarding this facility that are received by the City will be
referred directly to the applicant/owner who shall provide prompt and courteous attention
to such complaint and shall advise the City of the disposition of all referred complaints
within thirty (30) days of the referral.
20. The violation of any local, state or federal law, regulation or ordinance or
violation of any condition of this permit shall be grounds for revocation by the City.
21. If the applicant/owner, operator, agents or any other party bound by the
terms of this use permit is notified of any violations of applicable laws, regulations or
permit conditions at the facility, the applicant/owner shall notify the City within thirty (30)
days of said notification. In addition, the applicant/owner shall promptly and diligently
cooperate with the applicable regulatory agency and take other reasonable actions in an
attempt to cure the violation. The applicant/owner shall provide the City with all
information and documents pertinent to the actions taken to remedy the said violation
within thirty (30) days of resolution.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
Item (D):
Shepelle Watkins-White, 870 Greenbrier Circle Suite 405, representing Gilmerton
Energy Center, LLC.
Walton “Pete” Burkhimer, 448 Viking Drive Suite 170, Virginia Beach, representing
Gilmerton Energy Center, LLC.
John Ragone, 2405 Incline Drive Suite 200, Richmond, representing Gilmerton
Energy Center, LLC.
Council Member Ward, on a motion seconded by Council Member Craig, moved
approval of PLN-USE-2016-035, with stipulations, as presented.
Council Member Ward emphasized that construction noise between the hours of
7:00 p.m. and 7:00 a.m. shall not exceed the 65 dBA (decibels) range in accordance with
Article 26, Chapter V of the Chesapeake City Code.
There was no additional discussion.
On the motion to approve PLN-USE-2016-035, with stipulations, as presented,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
E. #16-O-132 PLN-REZ-2016-025 Dozier Rezoning APPLICANT: Richard and
William Dozier PROPOSAL: A zoning reclassification of 0.67 acres from B-1,
Neighborhood Business District, to R-8s, Residential District. PROPOSED COMP LAND
USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY:
Medium Density Residential LOCATION: Corner of Campostella Road and Lindale Drive
TAX MAP SECTION/PARCEL: 0271004000140 BOROUGH: Washington
City Clerk Madison presented the item.
December 20, 2016
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The Planning Commission and staff recommended approval.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speaker in support of Public Hearing
Item (E):
William Dozier, 1341 Holly Point Road, Virginia Beach, representing self.
Council Member Kelly, on a motion seconded by Council Member Ike, moved
approval of PLN-REZ-2016-025, as presented.
There was no discussion.
On the motion to approve PLN-REZ-2016-025, as presented, voting yes: Council
Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
F. #16-O-133 PLN-REZ-2016-026 Pet Suites APPLICANT: Par 5 Development
Group AGENT: Freeland and Kauffman, Inc. PROPOSAL: A conditional zoning
reclassification of approximately 3.36 acres from B-2, General Business District, to M-1,
Light Industrial District for a pet care facility with kennels. PROPOSED COMP LAND
USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY:
Business/Commercial LOCATION: Southeast corner of the intersection of Taylor Road
and Pughsville Road. TAX MAP SECTION/PARCEL: 0090000001460 BOROUGH:
Western Branch
The Planning Commission and staff recommended approval with the following
proffer:
1. The applicant/owner agrees that the property subject to this rezoning shall
only be used as a Kennel (SIC 0752).
The applicant submitted the following revised proffers on November 21, 2016:
2. The conceptual site plan submitted by Freeland and Kauffman, Inc. and
date-stamped September 12, 2016 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 shall any cause of action arise
from the submission, 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 file conceptual site plan. Unless otherwise indicated in this
proffer statement, the public improvements depicted on this site plan are not being
proffered.
3. The applicant/owner shall install and maintain a landscape Buffer F that is
enhanced with 30% more plant material than required along Taylor Road. Said landscape
buffer shall be installed prior to the issuance of a certificate of occupancy and shall be
subject to the review and approval of the Landscape Coordinator.
December 20, 2016
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City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
Item (F):
David Crow, 209 West Stone Avenue, Greenville, South Carolina, representing
Freeland and Kauffman, Inc.
Rich Smith, 2860-B NC, Aberdeen, North Carolina, representing Par 5
Development Group.
Council Member Ward, on a motion seconded by Council Member Craig, moved
approval of PLN-REZ-2016-026, with revised proffers, as presented.
There was no discussion.
On the motion to approve PLN-REZ-2016-026, with revised proffers, as presented,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
G. PLN-USE-2016-037 Adams Digital Billboard APPLICANT: Adams Outdoor
Advertising AGENT: LeClairRyan PROPOSAL: A conditional use permit to allow the
conversion of one face of an existing outdoor advertising sign, located within 300 feet of
a residence, to incorporate digital technology. ZONE: M-2, General Industrial District
LOCATION: 3125 Maulden Street. TAX MAP SECTION/PARCEL: 1510000003160
BOROUGH: South Norfolk
The Planning Commission and staff recommended approval with the following
stipulation:
1. The applicant/owner shall vacate all interior property lines to create one
development site prior to obtaining a sign permit for the requested alterations. The
vacation of the interior lot lines shall be accomplished by recordation of a deed describing
the lot lines to be eliminated and referencing the recorded plat or other recorded
instrument which lawfully created the lot lines.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speaker in support of Public Hearing
Item (G):
Stephen Romine, 999 Waterside Drive Suite 2100, Norfolk, representing the
LeClairRyan.
Council Member Davis, on a motion seconded by Council Member Craig, moved
approval of PLN-USE-2016-037, with the stipulation, as presented.
There was no additional discussion.
On the motion to approve PLN-USE-2016-037, with the stipulation, as presented,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
H. PLN-USE-2016-038 Cedar Road 7-11 APPLICANT: Vertical Construction
Management AGENCY: Blakeway Corporation PROPOSAL: A request to construct a
fuel facility in conjunction with a permitted convenience store on a .844 acre site. ZONE:
Planned Use Development, Commercial LOCATION: 1633 Cedar Road TAX MAP
SECTION/PARCEL: 046000000231 BOROUGH: Deep Creek
December 20, 2016
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The Planning Commission and staff recommended approval with the following
stipulations:
1. The applicant/owner agrees that the building and site will be constructed in
accordance with the building elevations received by Planning date-stamped September
12, 2016, with the understanding that the exterior brick color shall be a red or brown tone.
The applicant/owner also agrees that the aforementioned building elevations be
submitted for the review and approval of the Planning Director, or their designee, prior to
final site construction plan approval.
2. The applicant/owner agrees that all HVAC equipment and refrigeration units
for the building shall be adequately screened as determined by the Planning Director, or
their designee, prior to final site construction plan approval. The HVAC units shall require
a separate permit from Development and Permits.
3. The applicant/owner agrees to install and maintain all landscape material
shown on the site layout dated September 12, 2016. Such materials shall be approved
by the Director of Development and Permits, or their designee, and installed prior to the
issuance of a Certificate of Occupancy and activation of this conditional use.
4. There shall be no advertising on the proposed pump island canopy with the
exception of a 3x3 foot identification sign on the north, south and west sides of the canopy.
For purposes of this stipulation, “advertising” shall include the use of stripping on the
proposed canopy.
5. The applicant/owner agrees that only one monument sign shall be allowed
on the subject site.
6. The applicant/owner agrees that no loudspeakers shall be permitted on the
subject site, with the exception of the localized speakers at the individual gas pumps.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speaker in support of Public Hearing
Item (H):
Steve Blevins, 630 North Witchduck Road, Virginia Beach, representing the
Blakeway Corporation.
Council Member Kelly, on a motion seconded by Council Member Ike, moved
approval of PLN-USE-2016-038, with stipulations, as presented.
There was no discussion.
On the motion to approve PLN-USE-2016-038, with stipulations, as presented,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
I. PLN-USE-2016-040 Triumph International Ministry APPLICANT: Triumph
International Ministry PROPOSAL: A conditional use permit to operate a church in an
existing building with an alternative parking surface and alternative parking location.
ZONE: B-2, General Business LOCATION: 3206 Bainbridge Boulevard TAX MAP
SECTION/PARCEL: 1520000000840, 1520000000860. BOROUGH: South Norfolk
The Planning Commission and staff recommended approval with an alternative
parking surface, an alternative parking location and the following stipulation:
December 20, 2016
19
1. The applicant/owner agrees to install and maintain a Landscape Buffer F
along the parking lot frontage with Bainbridge Boulevard as indicated on the preliminary
site plan date received September 12, 2016 prior to the issuance of a Certificate of
Occupancy for this use.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speaker in support of Public Hearing
Item (I):
Pastor Reneal Spruill, 5544 Southern Boulevard, Virginia Beach, representing
Triumph International Ministry.
Council Member Ward, on a motion seconded by Council Member Kelly, moved
approval of PLN-USE-2016-040, with an alternative parking surface and an alternative
parking location and with the stipulation, as presented.
There was no discussion.
On the motion to approve PLN-USE-2016-040, with an alternative parking surface,
an alternative parking location and with the stipulation, as presented, voting yes: Council
Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
J. PLN-USE-2016-041 Plan “B” Academy APPLICANT: Plan “B” Academy
AGENCY: Saunders and Ojeda, PC PROPOSAL: A request to expand an existing
conditional use permit (UP-15-07) for a private school by adding 15 students and utilizing
an additional 1,092 square feet in the existing church facility. ZONE: R-15s, Residential
District LOCATION: 4500 Peek Trail TAX MAP SECTION/PARCEL: 0150000001323
BOROUGH: Western Branch
The Planning Commission and staff recommended approval with the following
stipulations:
1. The applicant/owner shall provide 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 child care center.
2. The private school’s hours of operation shall be between 7:00 a.m. and 6:00
p.m., Monday to Friday.
City Clerk Madison presented the item.
Planning Director Shea presented the staff recommendation.
City Clerk Madison identified the following speakers in support of Public Hearing
(J):
Wendy Fitch, 26468 Collosse Road, Windsor, representing Plan B Academy.
Whitney Saunders, 705 West Washington Street, Suffolk, representing Saunders
and Ojeda, PC.
Council Member Ike, on a motion seconded by Council Member Craig, moved
approval of PLN-USE-2016-041, with stipulations, as presented.
There was no discussion.
On the motion to approve PLN-USE-2016-041, with stipulations, as presented,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter and West.
December 20, 2016
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Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
(Council Member Ward was out of the chamber)
CITIZENS’ COMMENTS ON AGENDA ITEMS ONLY
City Clerk Madison stated that there were no speakers.
REGULAR AGENDA
City Manager Items
(1) REQUEST FOR EMERGENCY APPROPRIATION OF $325,400 IN
FUNDS FROM THE PUBLIC UTILITIES FUND BALANCE TO OPERATING BUDGET
OF THE DEPARTMENT OF PUBLIC UTILITIES – DEPARTMENT OF PUBLIC
UTILITIES
City Manager Baker presented the item as an emergency action.
Council Member Ike, on a motion seconded by Council Member Kelly, moved
approval of the Request, as presented, and as an emergency action.
There was no discussion.
On the motion to approve the Request, as presented, and as an emergency action,
voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter and West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
(Council Member Ward was out of the chamber)
(2) RESOLUTION TO FORGIVE LOANS FROM THE CITY OF CHESAPEAKE
TO THE CHESAPEAKE PORT AUTHORITY – DEPARTMENT OF FINANCE (Continued
from the December 13, 2016 City Council meeting)
City Manager Baker presented the item.
Council Member Craig, on a motion seconded by Council Member Kelly, moved
approval of the Resolution, Alternate Version dated December 16, 2016, as presented.
There was no discussion.
On the motion to approve the Resolution, Alternate Version dated December 16,
2016, as presented, voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter and
West.
Voting no: None (Mayor Krasnoff and Council Member de Triquet excused)
(Council Member Ward was out of the chamber)
CITIZENS’ COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE CITY (NON AGENDA SPEAKERS)
City Clerk Madison stated there were no speakers.
UNFINISHED BUSINESS
Vice Mayor West asked City Council Members for any Unfinished Business; there
was none offered.
NEW BUSINESS
Vice Mayor West asked Council Members for any New Business; there was none
offered.
CLOSED SESSION
City Attorney Proctor provided the following language for a Closed Session: “to
conduct a closed session to i) discuss a new prospective business or the expansion of an
existing business where no previous announcement has been made of the business’
interest in locating or expanding facilities in the City, and ii) consult with legal counsel
employed or retained by the City regarding specific legal matters requiring the provision