Docket Item "F" R(C)-05-05(Rev 10/14) Albemarle River Proffer Modification

CITY COUNCIL PACKAGE FOR FEBRUARY 17, 2015

Page 1 – 2 Application Summary 3 – 4 Planning Commission Draft Minutes 5 – 13 Proffer Statement

14 – 15 Staff Reports: January 14, 2015 16 – 28 January 8, 2015 29 – 30 Fiscal Impact Analysis 31 Rezoning Exhibit/Site Plan 32 Aerial 33 GIS Parcel Exhibit

1 APPLICATION SUMMARY

R(C)-05-05(Rev 10/14) Albemarle River Proffer Modification

LOCATION: Generally located on the south side of Butts Station Road at its intersection with Elbow Road and immediately east of the Greystone subdivision

PROPOSAL: A request for reconsideration of proffers approved with R(C)-05-05 to reduce cash proffers to $5,000 per single-family unit, to increase the maximum number of single-family units from 190 to 208, and to decrease the maximum number of building permits issued per year from 60 to 55.

SUBMITTED: 10-10-14 ACKNOWLEDGED BY COUNCIL: 11-25-14

STAFF RECOMMENDATION Approval with proffers

PLANNING COMMISSION HEARING DATES: 12-10-14, 1-14-15

RECOMMENDATION: APPROVAL with proffers

VOTE: 8 - 1

ATTACHMENTS

Draft Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(C)-05-05(Rev 10/14) Albemarle River Proffer Modification

APPLICANT/OWNER: Greystone Land Company, LLC Attn: S. Grey Folkes, Jr. 308 Cedar Lakes Drive Chesapeake, VA 23322 382-4155 No email address

Members: S. Grey Folkes, Jr., Managing Member Robert R. Kinser Barry Cross William Blankenship Leigh Anne Folkes

OWNER: Gaf Construction Company Two, LLC Attn: S. Grey Folkes, Jr. 325 Volvo Parkway Chesapeake, VA 23320 547-9531 No email address

Members: S. Grey Folkes, Jr., Managing Member Dennis Graf

OWNER: Summit Construction Corporation Attn: Robert R. Kinser 308 Cedar Lakes Drive Chesapeake, VA 23322 382-4155 No email address

Owners: Robert R. Kinser, President Luke Kinser Linda Burton

AGENCY: Basnight, Kinser, Telfeyan, Leftwich & Nuckolls, PC Attn: Mr. James A. Leftwich, Jr. 308 Cedar Lakes Drive Chesapeake, VA 23322 547-9191

3 Chesapeake Planning Commission

DRAFT January 14, 2015 Public Hearing Minutes

R(C)-05-05(Rev 10/14) PROJECT: Albemarle River Proffer Modification APPLICANT: Greystone Land Company LLC AGENCY: Basnight, Kinser, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A request for reconsideration of proffers approved with R(C)-05-05 to reduce cash proffers to $5,000 per single-family unit, to increase the maximum number of single-family units from 190 to 208, and to decrease the maximum number of building permits issued per year from 60 to 55. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Generally located on the south side of Butts Station Road at its intersection with Elbow Road and immediately east of the Greystone subdivision. TAX MAP SECTION/PARCELS: 0490000000390, 0490000000960, 0491012000008, 0491012000010, 0491012000020, 0491012000050, 0491012001350, 0491012001360, 0491012001390, 0491012001400, 0491012001410, 0491012001420, 0491012001440, 0491012001450, 0491012001460, 0491012001470, 0491012001480, 0491012001490, 0491012001500, 0491012001510, 0491012001520, 0491012001530, 0491012001550, 0491012001560, 0491012001570, 0491012001580, 0491012001590, 0491012000500, 0491012000510, 0491012000520, 0491012000530, 0491012000540, 0491012000550, 0491012000560, 0491012000570, 0491012000580, 0491012000590, 0491012000600, 0491012000610, 0491012000640, 0491012000650, 0491012000670, 0491012000680 BOROUGH: Washington (Continued from the December 10, 2014 Public Hearing)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends APPROVAL of the request to amend the proffers to increase the maximum number of homes from 190 to 208 and to reduce the maximum number of building permits issued per year from 60 homes to 55 homes with the new proffer amount of $5,000.00 being applied to all the remaining lots that had not had a certificate of occupancy. All other proffers continue to be in full force and effect. (8-1; Johnson/Perry, Small opposed)

Mrs. Hanson read R(C)-05-05(Rev 10/14) into the record for Commission review and action.

Staff Presentation:

Mr. Howlett stated that based on sound planning practices, Planning staff recommended that R(C)-05-05(Rev 10/14) be APPROVED with the proffers as listed in the official agenda.

4 Chesapeake Planning Commission DRAFT January 14, 2015 Public Hearing Minutes Proponent:

Grey Folkes, Applicant, Greystone Land Company LLC, 325 Volvo Parkway, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-05-05(Rev 10/14).

Dan S. Fuller, 517 Fallen Leaf Lane, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-05-05(Rev 10/14) representing himself.

COMMISSION DISCUSSION:

Commissioner Johnson stated that based on the staff report he would recommend approval to reduce the proffer amount to the amount requested by the applicant. He said his motion would be based on the fact that the applicant had already offered a proffer of $5,000 per house which exceeded by $1,000 per house for the maximum current guideline.

Chairman Kish asked if his motion included the approval of the other two parts of the application; the reduction of proffers and the number of houses. Commissioner Johnson replied that it did.

The City Attorney’s office asked if the reduction proffer amount was going to apply to the new homes that would be coming later or would it be for all unbuilt lots. Commissioner Johnson stated that it would be applied to all future housing.

Chairman Kish wanted to clarify that the motion was to approve the application as recommended by the staff with the additional approval of the reduction of the proffer cash contribution to $5,000 for all remaining dwellings that had not had a certificate of occupancy issued.

The City Attorney’s office clarified that the staff report said 125 remaining building permits based on the old number with the new number of 208 there were 143 remaining building permits.

Commissioner Morris stated that this was a large sum of money but these were voluntarily contributions made to minimize the impact, and the timing, of this development on our Levels of Service Analysis. The current policy said that $4,000 was the appropriate amount so, in his opinion, this was over and above what the City said would help defray the cost and he would be in support of this application.

COMMISSION VOTE:

Commissioner Johnson moved that R(C)-05-05(Rev 10/14) be APPROVED with the proffers as listed in the official agenda and as recommended by staff with approval of the reduction of cash contribution proffer to $5,000 for all remaining dwellings that had not had a certificate of occupancy issued. Commissioner Perry seconded the motion. The motion was carried by a vote of 8 - 1. Commissioner Small voted against the motion.

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Albemarle River Proffer Modification R(C)-05-05(Rev 10/14) APPLICANT: Greystone Land Company LLC AGENCY: Basnight, Kinser, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A request for reconsideration of proffers approved with R(C)-05-05 to reduce cash proffers to $5,000 per single-family unit, to increase the maximum number of single-family units from 190 to 208, and to decrease the maximum number of building permits issued per year from 60 to 55. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Generally located on the south side of Butts Station Road at its intersection with Elbow Road and immediately east of the Greystone subdivision TAX MAP SECTION/PARCELS: 0490000000390, 0490000000960, 0491012000008, 0491012000010, 0491012000020, 0491012000050, 0491012001350, 0491012001360, 0491012001390, 0491012001400, 0491012001410, 0491012001420, 0491012001440, 0491012001450, 0491012001460, 0491012001470, 0491012001480, 0491012001490, 0491012001500, 0491012001510, 0491012001520, 0491012001530, 0491012001550, 0491012001560, 0491012001570, 0491012001580, 0491012001590, 0491012000500, 0491012000510, 0491012000520, 0491012000530, 0491012000540, 0491012000550, 0491012000560, 0491012000570, 0491012000580, 0491012000590, 0491012000600, 0491012000610, 0491012000640, 0491012000650, 0491012000670, 0491012000680 BOROUGH: Washington