Docket Item "D" UP-14-35

Ballentine Road Borrow Pit

CITY COUNCIL PACKAGE FOR AUGUST 18, 2015

Page 1 – 2 Application Summary 3 – 5 Planning Commission Draft Minutes 6 – 10 Staff Reports: June 26, 2015

11 – 16 April 2, 2015 17 – 22 March 10, 2015 23 – 46 March 4, 2015 47 Site Plan 48 Aerial 49 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-14-35 Ballentine Road Borrow Pit

LOCATION: 128 Ballentine Road, the portion located on the south side of Ballentine Road

PROPOSAL: A conditional use permit for the excavation of a borrow pit on a 160± acre portion of a site totaling 318.7± acres.

SUBMITTED: 10-10-14 ACCEPTED: 10-16-14

STAFF RECOMMENDATION Approval with stipulations

PLANNING COMMISSION

HEARING DATES: 1-14-15, 2-11-15, 3-11-15, 4-8-15, 7-8-15

RECOMMENDATION: DENIAL

VOTE: 8 - 0

ATTACHMENTS

Draft Minutes, Staff Reports, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-14-35 Ballentine Road Borrow Pit

APPLICANT: E.V. Williams, Inc. / E. V. Williams Construction Company Attn: James A. Openshaw 925 Military Highway South Virginia Beach, VA 23464 420-1140 marko@evwilliams.com Wholly owned subsidiary of The Branch Group Officers: (per http://evwilliams.com) James A. Openshaw, President Dennis Miller, Vice President Brian J. Evans, Vice President of Operations James Akers, Assistant Secretary/Compliance Officer Jeff Floyd, Controller Walter Wallace, Jr., Equipment Operations Manager Dave LePage, Construction Manager Sam Williams, Senior Safety Representative Mark Osenbaugh, Project Development Management

OWNER: Bayville Farms Associates, LC Attn: Richard C. Boroughs 999 Waterside Drive Norfolk, VA 23510 447-3911 RichardBoroughs@HarveyLindsay.com Members: Charles F. Burroughs, Jr. Calvert T. Lester Eleanor T. Stanton Charles F. Burroughs, III Anne B. Babcock Richard C. Burroughs Luke M. Babcock

AGENCY: Hassell & Folkes, PC Attn: Mr. James R. Bradford 325 Volvo Parkway Chesapeake, VA 23320 547-9531 jrbradford1@yahoo.com

3 Chesapeake Planning Commission

DRAFT July 8, 2015 Public Hearing Minutes

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 RECOMMENDATION:

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

Mrs. Hanson read UP-14-35 into the record for Commission review and action.

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.

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.

4 Chesapeake Planning Commission DRAFT July 8, 2015 Public Hearing Minutes 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.

COMMISSION DISCUSSION:

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 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.

5 Chesapeake Planning Commission

DRAFT July 8, 2015 Public Hearing Minutes 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.

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Ballentine Road Borrow Pit UP-14-35 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: A portion of 0970000000620 BOROUGH: Butts Road