city council work session · 12/20/2016 · city council work session december 20, 2016 a regular...

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.


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

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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.


On the motion to approve the Resolution, as presented, voting yes: Council


Voting no: None

B. RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A

COOPERATION AGREEMENT WITH THE CHESAPEAKE ECONOMIC

DEVELOPMENT AUTHORITY


Council Member de Triquet, on a motion seconded by Vice Mayor West, moved





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


Council Member Ike, on a motion seconded by Council Member Kelly, moved





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


Council Member Ritter, on a motion seconded by Council Member Ward, moved





Voting no: None

December 20, 2016

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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


Council Member Craig, on a motion seconded by Council Member Davis, moved





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


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

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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

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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.




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

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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.


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


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

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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

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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 identified the following speakers:

Ottis Spruill, 929 Shillelagh Road, representing self, spoke on Public Hearing Item

(B).

December 20, 2016

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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.


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,

December 20, 2016

12

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.




Item (C):

Shepelle Watkins-White, 870 Greenbrier Circle Suite 405, representing Gilmerton

Energy Center, LLC.


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.


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.


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


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

December 20, 2016

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.


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.


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

December 20, 2016

14

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.

December 20, 2016

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.




Item (D):

Shepelle Watkins-White, 870 Greenbrier Circle Suite 405, representing Gilmerton

Energy Center, LLC.


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.


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.


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


December 20, 2016

16

The Planning Commission and staff recommended approval.


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.


On the motion to approve PLN-REZ-2016-025, as presented, voting yes: Council

Members Craig, Davis, Ike, Kelly, Ritter, Ward and West.


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


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

17




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.


On the motion to approve PLN-REZ-2016-026, with revised proffers, as presented,



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


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.




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.


On the motion to approve PLN-USE-2016-037, with the stipulation, as presented,



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

18


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.




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






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.




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.


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.


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


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.




(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




voting yes: Council Members Craig, Davis, Ike, Kelly, Ritter and West.

December 20, 2016

20


(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.


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.



(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)


Council Member Craig, on a motion seconded by Council Member Kelly, moved

approval of the Resolution, Alternate Version dated December 16, 2016, as presented.


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.



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

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