Regular Meeting of City Council June 16, 2015

A Regular Meeting of the Chesapeake City Council was called to order by

Mayor Alan P. Krasnoff on June 16, 2015 at 6:30 p.m., in the City Hall Building,

306 Cedar Road.

INVOCATION: Council Member Suzy H. Kelly

PLEDGE OF ALLEGIANCE: Jolliff Middle School student Nicholas Eason,

Hickory High School graduates K’lyn and Kimbers White and Boy Scout

Matthew Bittner, Troop 824, sponsored by Prince of Peace Catholic Church.

ROLL CALL BY CLERK OF COUNCIL

Present: Council Member Lonnie E. Craig

Council Member Roland J. Davis, Jr.

Vice Mayor 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

Council Member Richard “Rick” West

Absent: None

Present from Administration: City Manager James Baker, City

Attorney Jan Proctor, Acting City Clerk Beverly Pender, Planning Director Jaleh

Shea, Assistant City Attorney Catherine Lindley, and other staff members.

APPROVAL OF MINUTES

Mayor Krasnoff stated that the minutes for the April 7, 2015 Strategic

Planning Session, the Work Sessions and Regular Meetings of April 14, and 21,

2015 had been submitted for approval.

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

moved to approve the minutes of the April 7, 2015 Strategic Planning Session,

the Work Sessions and Regular Meetings of April 14, and 21, 2015, as

presented.

There was no discussion.

On the motion for approval of the minutes for the April 7, 2015 Strategic

Planning Session, the Work Sessions and Regular Meetings of April 14, and 21,

2015, as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike,

Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

CERTIFICATION OF CLOSED SESSION HELD JUNE 2, 2015

City Attorney Proctor read the following certification for Council Members

Davis and West: “The Chesapeake City Council hereby certifies that to the best

of each member’s knowledge, only public business matters lawfully exempted

from open meeting requirements by Virginia law were discussed on June 2,

2015, at the Chesapeake Conference Center, and only such public business

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matters as were identified in the motion convening the closed meeting were

heard, discussed, or considered.”

Council Member Davis, on a motion seconded by Council Member West,

moved to approve certification of the Closed Session discussions.

There was no discussion.

On the motion to approve certification of the Closed Session discussions,

voting yes: Council Members Davis and West.

Voting no: None

APPLICANTS’, AGENTS’, AND CITIZENS’ COMMENTS ON PUBLIC

HEARING ITEMS

Acting City Clerk Beverly Pender stated there were no speakers prior to

the presentation of the Public Hearing Items.

PUBLIC HEARING ITEMS

A. #15-O-085 R(C)-10-03(Rev 3/15) Churchland Christian Academy

Early Years Proffer Modification APPLICANT: Maria Peed and William C.

Peed, Jr. PROPOSAL: A request to modify the proffered conditions as

approved by City Council on September 21, 2010 to allow for a day care facility

with a maximum of 20 children within an existing education facility. PROPOSED

COMP LAND USE / DENSITY: Office EXISTING COMP LAND USE /

DENSITY: Low Density Residential with something less than 4 dwelling units

per acre LOCATION: 4245 Taylor Rd TAX MAP SECTION/PARCEL:

0050000000571 BOROUGH: Western Branch

The Planning Commission recommends approval with the following

proffers:

1. The applicant/owner agrees that an eating and drinking place (SIC

use 58), as defined in the Chesapeake Zoning Ordinance, will not be permitted

on the subject site.

2. The applicant/owner agree that if the Department of Development

and Permits determines that an off-site parking agreement is necessary, an

agreement with 4249 Taylor Road shall be recorded prior to the issuance of a

Certificate of Occupancy.

3. The applicant/owner agrees to provide an enhanced landscape

buffer yard “D” consisting of 50% more plant material than normally required

along the easternmost property line. The Landscape Plan is to be approved by

the Department of Development and Permits and all landscaping is to be

installed prior to the issuance of a Certificate of Occupancy.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender stated that the applicant was present and

available for questions.

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

moved to approve R(C)-10-03 (REV 3/15), with proffers, as presented.

There was no discussion.

On the motion for approval of R(C)-10-03 (REV 3/15), with proffers, as

presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,

Krasnoff, Ritter, Ward and West.

Voting no: None

B. R(C)-14-01 Shillelagh Property APPLICANT: Shillelagh Commons

LLC AGENCY: Land Planning Solutions PROPOSAL: A conditional zoning

reclassification of approximately 33± acres from R-15, Residential District (4±

acres) and A-1, Agricultural District (29± acres) to R-MF-1, Multi-Family

Residential District. PROPOSED COMP LAND USE / DENSITY: Medium

Density Residential EXISTING COMP LAND USE / DENSITY: Regional Mixed

Use/Low Density Residential LOCATION: East side of Shillelagh Road, 1,000

feet north of Vincek Way TAX MAP SECTION/PARCEL: 0460000000580

BOROUGH: Deep Creek (Continued from the December 16, 2014, April 21,

May 19, and May 26, 2015 City Council meetings)

The Planning Commission recommends approval with the following

proffers:

1. The applicant/owner agrees that residential development on the

subject property shall be limited to single-family detached condominium units and

attached (townhouse style) condominium units as generally depicted on the

rezoning exhibit dated August 4, 2014 prepared by Land Planning Solutions.

2. The applicant/owner agrees that there shall be a maximum of 196

for sale residential condominium units. Single-family detached condominium units

shall not exceed 121 units and attached townhouse style condominium units shall

not exceed 75 units.

3. 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 $2,546.00 per single-family

detached condominium unit. The applicant/owner agrees to make the proffered

cash 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

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major repairs and renovations of public facilities to the extent permitted by state

law. The cash contribution shall be allocated as follows: Schools $1591;

Transportation $0; Libraries $570; Emergency Services $385.

4. 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 $1,273.00 per attached

condominium unit. The applicant/owner agrees to make the proffered cash

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

contribution shall be allocated as follows: Schools $685; Transportation $0;

Libraries $351; Emergency Services $237.

5. The applicant/owner agrees that it shall dedicate the ultimate 120 ft.

right-of-way for Cahoon Parkway on the property subject to this rezoning as

depicted on the exhibit dated August 4, 2014 at no cost to the City. The alignment

of the dedication shall be subject to review and approval by the Director of

Development and Permits, or designee. The right of way dedication shall be

completed before the issuance of a certificate of occupancy for the 66th residential

unit. At any time prior to the issuance of a certificate of occupancy for the 66th

residential unit, the right of way dedication shall be completed at no cost to the City

by municipal acquisition plat within 60 days of receipt of a written request by the

Director of Development and Permits or designee.

6. The applicant/owner agrees to design and construct the

improvements to the intersection of Cahoon Parkway and Ward Road as depicted

on the exhibit dated August 4, 2014 prepared by Land Planning Solutions within

existing public right of way. The improvements shall consist of the elements

depicted in the applicable cross section set out on the above-referenced exhibit,

provided that the Director of Development and Permits, or designee, may approve

substitute elements to address design issues. These improvements shall be

completed in accordance with a Department of Development & Permits approved

plan before the issuance of a certificate of occupancy for the 1st dwelling unit on

the subject property.

7. The applicant/owner agrees to, at its own cost and expense, design

and construct the improvements between points A and B as depicted on the

exhibit dated August 4, 2014 prepared by Land Planning Solutions within the right

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of way acquired by the City pursuant to proffer # 1a of R(C)-07-23 (Plantation

Greens). The improvements shall consist of the elements generally depicted in

the applicable cross section set out on the above-referenced exhibit, provided that

the Director of Development and Permits, or designee, may approve substitute

elements to address design issues. These improvements shall be substantially

completed in accordance with a Department of Development & Permits approved

plan prior to issuance of a Certificate of Occupancy for the 1st residential unit.

8. The applicant/owner shall, at its own cost and expense, design and

construct the improvements between points B and C as depicted on the exhibit

dated August 4, 2014 prepared by Land Planning Solutions within the public right

of way dedication required by proffer #5. The improvements shall consist of the

elements depicted in the applicable cross section set out on the above-referenced

exhibit, provided that the Director of Development and Permits, or designee, may

approve substitute elements to address design issues. These improvements shall

be substantially completed in accordance with a Department of Development &

Permits approved plan prior to issuance of a Certificate of Occupancy for the 66th

residential unit.

9. The applicant/owner agrees to record a non-ingress/egress

easement on the property subject to this rezoning in a form acceptable to the City

Attorney to prohibit vehicular access to Cahoon Parkway extended except at two

intersections. The easement shall be established with the dedication of the right of

way required by proffer #5.

10. The applicant/owner agrees that a condominium association will be

established to own and maintain all private common areas, landscape buffers and

storm water management facilities associated with the subject property.

Furthermore, the condominium association shall adopt and be solely responsible

for the adoption and enforcement of the architectural guidelines set out in proffer

#11. The condominium association shall be formed before the issuance of the first

building permit for a residential structure.

11. The applicant/owner agrees that the exterior architectural motif

and elevations are to be aesthetically pleasing in appearance and generally

compatible in terms of the overall structure and its relationship to other

structures based on location, size and quality within the development. The

selection of materials shall be harmonious with the architectural motif of each

dwelling unit and community as a whole. Exterior materials shall reflect

harmony with both the environment and other structures in the neighborhood.

Elevation quality, character, material and content should be continued on all

sides. The following criteria shall be applied by the Condominium Association to

the review and approval of residential structures:

a. Composition sheet siding, exposed wood, exposed concrete or

cinder block shall be prohibited as exterior materials.

b. Exterior walls with the same color scheme as adjacent or nearby

homes will be permitted on a frequency of only every fourth dwelling unit.

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c. Exterior finish materials are fiber-cement siding, brick, stone,

stucco (EIFS will not be allowed), wood, and machine cut shingles. Vinyl

siding will be limited to premium vinyl siding with a minimum thickness of

0.044 inches.

d. Front brick or stone skirt is mandatory. All units shall be

constructed on a raised slab with a garage.

e. If only one siding material is used then shutters, hinges and dogs

shall be provided with skirt treatment of brick or stone.

f. If shutters are provided they shall appear operable by including

hinges and dogs.

g. There shall be a minimum 4” width corner board, window trim and

door trim. Windows on the first floor shall be a minimum 6” taller than

upper floor windows.

h. Roofing: Any architectural grade product with a minimum 25 year

warranty shall be required.

i. The following minimum square footage requirements shall apply:

(1). Attached condominium units shall be a minimum of 1,600

square feet.

(2). Detached S.F. Units (sm home) as set out on the Rezoning

Exhibit (42 feet wide condominium lots) shall be a minimum of

2,000 square feet.

(3). Detached S.F. Units (lg home) as set out on the Rezoning

Exhibit shall be 2,600 square feet.

12. The applicant/owner shall convey an Avigation Easement (the

“Avigation Easement”) to the Chesapeake Airport Authority (the “Airport

Authority”) following the final approval of this rezoning application by City

Council (and the expiration of any applicable referendum and appeal period

associated therewith). Such Avigation Easement shall be recorded in the office

of the Clerk of the Circuit Court for the City of Chesapeake (so that the

Easement shall be included in the record chain of title for all buyers and lenders

having any interest in any portion of the Property), and shall be in a form

substantially similar to that attached hereto as Exhibit A (as amended from time

to time by written agreement of the Applicant/Owner and the Airport Authority).

In addition, the applicant/owner shall include a notation on any subdivision plat

submitted for City approval for any portion of the Property, which note shall

provide further notice of the grant of the Avigation Easement over the Property.

13. The applicant/owner agrees to, at its own cost and expense, install

and maintain a landscape buffer yard “E” with no berm or fence in the buffer

along the entire the frontage on Cahoon Parkway as generally depicted on the

exhibit dated August 4, 2014. Furthermore, the applicant/owner agrees to install

and maintain a buffer yard “C” with no fence or wall in the buffer along the

Shillelagh Road frontage as generally depicted on the exhibit dated August 4,

2014. These buffers shall be installed concurrently with the construction of

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Cahoon Parkway extended and shall be complete prior to the issuance of a

certificate of occupancy for the 150th residential unit and shall be subject to the

review and approval by the Director of Development and Permits or designee.

14. 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:

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 subject property.

b. The traffic signal 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 $44,000 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 obligation 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.

Proffer 15 was added on August 22, 2014:

15. The applicant/owner agrees that any direct vehicular access to

Shillelagh Road from the subject property shall be limited to a gated emergency

access that shall comply with the requirements of the Fire Department.

Proffer 16 was added on May 27, 2015:

16. The applicant/owner agrees that land disturbing activities associated

with this rezoning shall not commence until May 1, 2017. In the event certain

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master drainage plan improvements between Shillelagh Road and Dominion

Commerce Park are not complete on or before May 1, 2017 but the Director of

Development and Permits determines that the improvements are being diligently

pursued, land disturbing activities shall not be commenced until approved by the

Director of Development and Permits based on a finding that the referenced

drainage improvements will be completed in a timely manner.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender identified the following speakers in support of

Public Hearing Item (B):

Grady Palmer, 1403 Greenbrier Parkway, representing Shillelagh

Commons, LLC.

Melissa Venable, 5857 Harborview Boulevard, Suite 202, Suffolk,

representing Shillelagh Commons, LLC.

John Bishard, 196 Willow Drive, Virginia Beach, representing Bishard

Homes.

Laurie Perriello, 1045 Shillelagh Road, representing self.

Paul Pearce, 1044 Shillelagh Road, representing self.

Eddie Vincek, 856 Shillelagh Road, representing self.

Ottis Spruill, 929 Shillelagh Road, representing self.

John Mears, 1131 Old Vintage Road, representing self.

John Teeuwen, 946 Shillelagh Road, representing self.

Acting City Clerk Pender identified the following speaker in opposition to

Public Hearing Item (B):

William L. Jones, Jr., 796 Shillelagh Road, representing self.

Council Member West, on a motion seconded by Council Member Ward,

moved approval of R(C)-14-01, with amended proffers, as presented.

There was discussion by Council Members West and Ward in support of

the project citing the integrity of the developer, schools level of service, and the

support from the surrounding neighbors.

Council Member Ike spoke in opposition to the project stating that it was

premature to vote on a project in this location before the Dominion Boulevard

Corridor Study was completed. He noted that a Planned Unit Development would

be more suitable for the location.

Council Member Davis called Mr. Palmer back to the podium for discussion

about the Dominion Boulevard Corridor Study, density, vested homeownership

and location.

Council Member Craig and Mr. Palmer discussed the traffic on Cahoon

Parkway and future widening of the roadway. Additional discussion ensued

concerning the components of a Planned Unit Development.

Extensive discussion ensued between Council Member Ritter and Planning

Director Shea concerning staff’s recommendation, Transportation Corridor Overlay

District, fiscal impact and 976 units currently under review in the proposed area by

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the Planning Department, with an additional 428 condominiums to the south.

Council Member Ritter and Director of Development and Permits Jay Tate

discussed the Master Road Plan and the future expansion of Cahoon Parkway to

four lanes and funding sources. Future plans included connecting Cahoon

Parkway to Dominion Commerce Park through proffer offerings of future rezonings

and development in the area. Council Member Ritter spoke in opposition to the

project and the need for completion of the Dominion Boulevard Corridor Study.

There was no additional discussion.

On the motion to approve R(C)-14-01, with amended proffers, as

presented, voting yes: Council Members Craig, Davis, Ward and West.

Voting no: Council Members de Triquet, Ike, Krasnoff, Kelly and Ritter.

The motion for approval failed.

C. R(C)-14-30 The Crossings at Oakbrooke APPLICANT: Chesapeake

ILAL Investors, LLC AGENCY: Poole Mahoney PC PROPOSAL: A conditional

zoning reclassification of 8.3± acres from R-15s, Residential District (4± acres)

and A-1, Agricultural District (4.3± acres) to O&I, Office and Institutional District.

PROPOSED COMP LAND USE / DENSITY: Institutional (Group Care and

Group Housing) with approximately 22 dwelling units per acre. EXISTING

COMP LAND USE / DENSITY: Office/Research LOCATION: 418 Clearfield Ave

TAX MAP SECTION/PARCEL: portion of 0480000000860 BOROUGH:

Washington (Continued from May 26, 2015 Council meeting)

The Planning Commission recommends approval with the following

proffers:

1. The applicant/owner agrees that the property subject to this

rezoning, R(C)-14-30, (the “Property”) will be used exclusively for Group Housing

for the Elderly (as defined in the Chesapeake Zoning Ordinance) and a Group

Care Facility (as defined in the Chesapeake Zoning Ordinance) and associated

accessory uses and buildings. The Group Care Facility will be limited to

individuals aged 55 and older and individuals suffering from Alzheimer’s disease.

The subject property shall be developed in a manner that is generally consistent

with the rezoning exhibit dated March 25, 2015, as determined by the Director of

Planning or designee. The applicant/owner further agrees that the maximum

number of units for Group Housing for the Elderly shall be one hundred (100) and

the maximum number of units for the Group Care Facility shall be eighty five (85).

2. The applicant/owner agrees to make a cash contribution to the City

of Chesapeake for Capital Improvements to public transportation facilities, public

libraries, and public emergency service facilities for the portion of the project that

represents Group Housing for the Elderly. The amount of the voluntary cash

contribution shall be $993 per unit of Group Housing for the Elderly (a maximum of

100 units). The applicant/owner agrees to make the proffered cash contribution

prior to the issuance of a certificate of occupancy for each unit, or building

containing units of Group Housing for the Elderly. The applicant/owner

acknowledges and agrees that the cash contributions may be deposited into the

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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: Emergency Services $993.

4. The applicant/owner agrees that the principal building on the

Property shall be generally consistent with the building elevations entitled “The

Crossings at Chesapeake” prepared by Gaylen Howard Laing Architect, date

stamped March 25, 2015 on file with the Chesapeake Planning Department as

determined by the Planning Director or designee.

5. The applicant/owner agrees that vehicular ingress and egress from

the Property to Clearfield Avenue shall be provided via an access road to

Clearfield Avenue as generally depicted on the rezoning exhibit dated March 25,

2015. During final site plan review, the applicant/owner agrees to dedicate to the

City of Chesapeake, at no cost to the City, a minimum width of 60 feet of public

right of way by deed or subdivision plat as generally depicted on the rezoning

exhibit dated March 25, 2015 on file with the Planning Department. If accepted by

the Director of Development and Permits or designee, the dedication shall be

completed before issuance of the first certificate of occupancy on the property. In

the event that the Director of Development and Permits, or designee, determines

that acceptance of the public right of way is not warranted during final site plan

review, the access road shall remain private until the Director of Development and

Permits or designee provides written notice that the City will accept the public right

of way dedication. The owner/applicant agrees to complete the right of way

dedication, in accordance with the restrictions in this proffer, within 60 days of

receipt of the written notice from the Director of Development and Permits or

designee. Notwithstanding the foregoing, the applicant/owner shall install two

lanes of travel on the referenced access road between the Property and Clearfield

Avenue in accordance with the Public Facilities Manual, and as required by the

Director of Development and Permits or designee before the issuance of the first

certificate of occupancy.

6. The applicant/owner agrees to record a non-ingress/egress

easement on a form acceptable to the City Attorney along the Property’s entire

frontage of Clearfield Avenue except for the intersection referenced in proffer #4

above, emergency access, and the remaining frontage of the overall parcel not

included in the rezoning application R(C)-14-30. The non-ingress/egress

easement shall be recorded prior to the issuance of the first certificate of

occupancy.

7. The applicant/owner agrees to dedicate, at no cost to the City of

Chesapeake, the ultimate right of way width for Clearfield Avenue along the

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frontage of the property included in this rezoning application R(C)-14-30. The right

of way dedication shall provide for an ultimate width of Clearfield Avenue as

depicted on the rezoning exhibit dated March 25, 2015, including a 25 feet

franchise utility easement, and shall occur by deed or plat before the issuance of

the first certificate of occupancy. During site plan review the dedication shall be

subject to the review and approval of the Director of Development and Permits in

order to achieve the ultimate width depicted on the rezoning exhibit dated March

25, 2015. The recorded deed or subdivision plat shall include a statement that,

“The owner/applicant and its assigns shall not be entitled to a claim of damages

solely related to improvements in the dedication area or damages to the Property

solely by reason of the right-of-way dedication pursuant to Proffer #6 of R(C)-14-

30.”

8. The applicant/owner agrees to install and maintain a modified

landscape buffer yard along the Property’s Clearfield Avenue frontage that is

subject to this rezoning application in connection with the franchise utility

easement as generally depicted on the rezoning exhibit dated March 25, 2015 on

file with the Planning Department. The buffer yard shall be a minimum width of 20

feet and shall consist of the plantings required of a Buffer Yard “F” with a 3’ berm

and no fencing.

9. A conceptual site plan prepared by Hassel and Folkes, PC and

entitled “The Crossings at Chesapeake”, dated March 25, 2015, 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.

Additional Proffer #3 added May 26, 2015:

3. The applicant agrees to make a cash contribution to the City of

Chesapeake for Capital Improvements to public transportation facilities. Without

imposing any limitations, the cash contribution is being made in connection with

the planned future road improvements to the Greenbrier traffic shed. The

amount of the voluntary cash contribution shall be $300,000. The applicant

agrees to make the proffered cash contribution prior to the issuance of a

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certificate of occupancy. In the event that the ultimate anticipated improvements

to Clearfield Avenue across the frontage of tax map parcel numbers

0480000000860 and 0480000000850 are completed using private funds

pursuant to a plan approved by the Director of Development and Permits, or

designee, and to the extent that funds are available in the Greenbrier traffic

shed as determined by the Director of Public Works, the cash contribution shall

be refundable to the owner of record of tax map parcel #0480000000860

remaining after subdivision of the property being rezoned.

Acting City Clerk Pender presented.

Planning Director presented staff’s recommendation.

Acting City Clerk Pender identified the following speakers in support of

Public Hearing Item (C):

Grady Palmer, 1403 Greenbrier Parkway, representing Chesapeake ILAL

Investors.

Justin Newman, 4423 Pheasant Ridge Road, SW, Suite 301, Roanoke,

representing ILAL Investors, LLC.

Winn Bishop, 4423 Pheasant Ridge Road, SW, Suite 301, Roanoke,

representing Smith-Packett.

Susan Eckert, 5480 The Peaks Drive, Roanoke, representing Harmony

Senior Services.

Gene Waters, 360 Clearfield Avenue, representing Oakbrooke Steering

Committee.

Council Member Ike, on a motion seconded by Council Member Craig,

moved approval of R(C)-14-30, with amended proffers, as presented.

Council Member Craig spoke to his support of the project advising that the

area needed this type of facility.

There was discussion between Council Member West, Director of

Development and Permits Tate and Planning Director Shea concerning staff’s

recommendation, build out, the roadway and the additional proffer.

Extensive discussion between Council Member Davis, City Attorney

Proctor, and Mr. Palmer ensued concerning the Oakbrooke Technology Park logo,

the proposed use, proposed building location, the applicant’s affiliation with

Chesapeake Regional Medical Center and the parameters of a 55 and older

development.

Additional discussion continued between Council Member Davis and

Development and Permits Director Tate concerning the location of the future

Southeastern Parkway location. Mr. Tate informed Council Member Davis that

there would be no impact from the proposed rezoning and the Southeastern

Parkway location. Discussion ensued about the intersection of Kempsville Road

and Battlefield Boulevard with no present plans in the future for improvements.

Council Member Davis spoke to his opposition of the project noting that the

proposed location was in a technology park. There was no retail, food, restaurants

June 16, 2015

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or vehicular access in the immediate area and that this was not the location for

such a project.

Council Member Craig called Mr. Bishop to the podium for additional

questions. Council Member Craig asked Mr. Bishop if he currently had a

relationship with Chesapeake Regional Medical Center. Mr. Bishop stated that he

did not; however, if the project was approved, he would be making contact with the

medical center.

Council Member Ritter shared concerns about the location of this type of

facility and not being close to any walkable amenities and stated her opposition to

the application at this location.

There was no additional discussion.

On the motion to approve R(C)-14-30, with amended proffers, as

presented, voting yes: Council Members Craig and Ike.

Voting no: Council Members Davis, de Triquet, Krasnoff, Kelly, Ritter, Ward

and West.

The motion for approval failed.

City Council recessed at 8:13 p.m. and reconvened at 8:22 p.m.

D. UP-14-40 The Crossings at Oakbrooke APPLICANT: Chesapeake

ILAL Investors, LLC AGENCY: Poole Mahoney PC PROPOSAL: A conditional

use permit for a Group Care Facility and for Group Housing for the Elderly, with

a height exception to allow a 4 story building, instead of a 2 story building and to

allow a building height of 65 feet instead of 35 feet as required, when adjacent

to existing single family detached residences. ZONE: O&I, Office and

Institutional District (Proposed) LOCATION: 418 Clearfield Ave TAX MAP

SECTION/PARCEL: portion of 0480000000860 BOROUGH: Washington

(Continued from May 26, 2015 Council meeting)

The Planning Commission recommends approval.

(NO ACTION WAS TAKEN BY CITY COUNCIL)

E. #15-O-086 R(C)-15-07 Hickory Towing APPLICANT: Hickory Towing,

Inc. AGENCY: American Engineering Associates – Southeast, PA, Inc.

PROPOSAL: A conditional zoning reclassification of approximately 0.57± acres

from R-15s, Residential District, to B-2, General Business District. PROPOSED

COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND

USE / DENSITY: Business/Commercial LOCATION: 1740 Battlefield Blvd

South TAX MAP SECTION/PARCEL: 0730000000280 BOROUGH: Pleasant

Grove

The Planning Commission recommends approval with the following

proffers:

1. The applicant/owner agrees to dedicate, at no cost to the City, a

strip of land for future widening of Battlefield Boulevard that is approximately 35’

in depth (the “35’± Right of Way Dedication”). The final dimensions and extent

of the 35’± Right of Way Dedication shall be sufficient, as determined by the

Director of Development and Permits or designee, to widen, for the entire

June 16, 2015

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frontage of the property, the western half of the right of way of Battlefield

Boulevard, measured from its current centerline, to a width of 60’, being half of

the ultimate 120’ right of way indicated on the City’s Master Transportation Plan.

The 35’± Right-of-Way Dedication shall be completed by deed or plat prior to

approval of the final site plan for the facility.

2. The applicant/owner agrees that the sole use of the subject

property, upon rezoning to the B-2 General Business District, shall be an

Automotive Towing operation with outdoor storage (Standard Industrial

Classification Code 7549: Automotive Services, except Repair and Carwashes).

3. The conceptual site plan entitled “Survey Exhibit & Preliminary Site

Plan for Hickory Towing,” submitted by American Engineering and date-stamped

March 9, 2015, a copy of which is on file with the Chesapeake Planning

Department, has been submitted by 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.

4. The applicant/owner acknowledges and understands that

Battlefield Boulevard will become a divided roadway and further acknowledges

and understands how that will affect the property subject to this rezoning. Once

the divided roadway is established on Battlefield Boulevard the property’s

ingress/egress will be limited to a "right-in, right-out" condition and/or the

entrance may be severed, dependent upon the availability of alternative access

as determined by the Director of Development and Permits or designee. The

applicant/owner acknowledges and understands the impacts of the conditions

referenced in this proffer and agrees, for itself and its successors in interest, that

no claim of damages or compensation will be sought. Further, the

applicant/owner agrees to record a private access easement for the benefit of all

of the adjacent parcels prior to final site construction plan approval.

5. The applicant/owner agrees that the exterior of the existing

building on the subject property shall retain a residential character as

determined by the Director of Planning or designee. The applicant/owner also

agrees that any modifications to the existing building or any newly constructed

building shall contain architectural features consistent with a residential structure

as determined by the Planning Director or designee. The applicant/owner

June 16, 2015

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further agrees to renovate the existing building exterior in a manner consistent

with the foregoing, subject to the review and approval of the Director of

Development and Permits or designee prior to issuance of a Final Certificate of

Occupancy for the renovated building, to include:

a. Remove and replace any exterior wood finish or trim which is

rotten or sound, replacing with new, painted wood or premium vinyl or

other simulated wood materials;

b. Repair or replace as necessary any doors and/or windows whose

condition is too poor for cleaning and/or repainting to be effective;

c. Power-wash or otherwise effectively clean all other exterior

surfaces (roof, walls, etc.); and

d. Trim/prune, or replace as necessary, foundation plantings in the

front yard area so as to result in an attractive enhancement, in the

determination of the City’s Environmental Coordinator or designee, to the

front elevation of the building; this shall be shown on the landscape plan

portion of the required final site plan.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender stated that the agent was present and available

for questions.

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

moved approval of R(C)-15-07, with proffers, as presented.

There was no discussion.

On the motion to approve R(C)-15-07, with proffers, as presented, voting

yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

F. UP-15-24 Hickory Towing APPLICANT: Hickory Towing, Inc.

AGENCY: American Engineering Associates – Southeast, PA, Inc.

PROPOSAL: A conditional use permit for a motor vehicle towing operation with

an outdoor storage yard. ZONE: B-2, General Business District (Proposed)

LOCATION: 1740 Battlefield Blvd South TAX MAP SECTION/PARCEL:

0730000000280 BOROUGH: Pleasant Grove

The Planning Commission recommends approval with the following

stipulations:

1. The applicant/owner agrees to comply with Chapter 19, Article II of

the City Code as it pertains to the operation of a Towing Service Storage Yard.

2. The applicant/owner agrees not to allow the operation or existence

of a Junkyard or an Automobile Graveyard, as defined by Chapter 19, Article II

of the City Code.

3. The applicant/owner agrees to take all available measures to

prevent the leakage of fluids from motor vehicles brought on the site, including

but not limited to, the following:

June 16, 2015

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a. All motor vehicles shall be inspected for leakage before being

brought on site. All motor vehicles found to be leaking shall be drained of

fluids prior to being brought on site.

b. Oil absorbent chemicals shall be kept readily available on site at

all times and shall be used whenever needed to clean up spills or leaks of

automotive fluids or other potential harmful substances.

4. The applicant/owner agrees that hours of normal operation of the

facility shall be from 9:00 a.m. to 5:00 p.m., Monday through Friday. As a single

exception to the foregoing hours of normal operation, between 7:00 a.m. and

7:00 p.m., Monday through Saturday, towing of vehicles from accident sites to

this facility may occur.

5. The applicant/owner agrees that an opaque fence shall be

provided around the storage yard, subject to the review and approval of the

Zoning Administrator. The applicant/owner agrees that all tow trucks and towed

vehicles shall be parked behind the front wall of the structure.

6. The applicant/owner agrees that all plant materials used in the

Buffer Yard “E,” as shown on the Preliminary Site Plan accompanying this

application, shall be evergreen and suitable, in the determination of the City’s

Environmental Coordinator or designee, for screening purposes.

7. The applicant/owner agrees to limit total signage on the subject

property to no more than one freestanding, monument style sign that is not more

than thirty-six (36) square feet in area.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender stated that the agent was present and available

for questions.

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

moved approval of UP-15-24, with stipulations, as presented.

There was no discussion.

On the motion to approve UP-15-24, with stipulations, as presented, voting

yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

G. UP-15-17 God Is Able Ministry APPLICANT: Tajuana Hamberry

PROPOSAL: A conditional use permit for a church. ZONE: B-2, General

Business District LOCATION: 2033 Battlefield Blvd North TAX MAP

SECTION/PARCEL: 1540000000852 BOROUGH: South Norfolk

The Planning Commission recommends approval with the following

stipulation:

Noise generated by the church shall not exceed the limits of the

Chesapeake Noise Ordinance for commercial zoning districts

(60dba).

Acting City Clerk Pender presented the item.

June 16, 2015

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Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender stated there were no speakers.

Council Member West, on a motion seconded by Council Member Ike,

moved approval of UP-15-17, with the stipulation, as presented.

There was no discussion.

On the motion to approve UP-15-17, with the stipulation, as presented,

voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter,

Ward and West.

Voting no: None

H. UP-15-22 The Learning Branch Tree House Child Daycare

APPLICANT: The Learning Branch Tree House PROPOSAL: A conditional

use permit to operate a child daycare as a Level II Home Occupation. ZONE:

R-15s, Residential District LOCATION: 4704 Tanager Crossing TAX MAP

SECTION/PARCEL: 0153001001010 BOROUGH: Western Branch

The Planning Commission recommends approval with the following stipulations:

1. The applicant/owner shall provide day care to no more than twelve

(12) children at any one time, exclusive of the provider’s own children and any

children who reside in the home.

2. No more than one employee who lives outside of the premises

shall be allowed.

3. The hours of operation shall be limited to 6:00 a.m. - 6:00 p.m.,

from Monday to Friday.

4. The applicant/owner shall comply with all requirements of the

Chesapeake City Code, Chesapeake Zoning Ordinance and the Virginia Code,

1950 as amended.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender identified the following speakers in support of

Public Hearing Item (H):

Amelia Spahn, 4704 Tanager Crossing, representing The Learning Branch

Treehouse.

Richard McEver, 4704 Tanager Crossing, representing Learning Branch

Daycare.

Commander Henry E. “Pete” Freas, USN (Ret), 4705 Tanager Crossing,

representing self.

Laurie Joy Schaeffer, 747 Glen Cover Drive, representing Learning Tree

Childcare and Preschool.

Stuart Bonnell, 4905 Tern Court, representing self.

June 16, 2015

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Acting City Clerk Pender identified the following speakers in opposition to

Public Hearing Item (H):

John Vallasper, 4805 Barn Swallow Drive, representing self.

John Gilday, 4727 Tanager Crossing, representing self.

Jerry Storms, 1715 Wild Duck Crossing, was not present when called.

Sylvia Watson, 4824 Phoenix Drive, representing self.

Steven Eason, 1717 Wild Duck Crossing, representing self.

Marvin Credle, 4800 Phoenix Drive, representing self.

Lisa Angle, 4715 Tanager Crossing, representing self.

David Eason, 1717 Wild Duck Crossing, was not present when called.

Leo Korman, 1504 Skylark Court, representing self, did not wish to speak.

Thomas Hau, 1802 Larkwood Court, representing self.

Bob Bartel, 1517 Skylark Court, representing Jolliff Woods Homeowner

Association, did not wish to speak.

James Scheideman, 4800 Barn Swallow Drive, representing self.

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

moved to deny UP-15-22.

Vice Mayor de Triquet spoke to his opposition of the application stating this

was a land use issue and the expectations of the community had to be considered.

He respected the integrity of the applicant and reiterated his decision was

specifically based on a land use issue.

Council Member Ward agreed with Vice Mayor de Triquet’s comments and

agreed that this was not the right place for this type of business.

There was no additional discussion.

On the motion for denial of UP-15-22, voting yes: Council Members Craig,

Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

I. UP-15-23 Dan River Communications’ Outdoor Storage Facility

APPLICANT: Dan River Communications, Inc. PROPOSAL: A conditional use

permit to operate an outside storage facility in connection with a permitted

business. ZONE: B-2, General Business District LOCATION: 2946 Military

Hwy South TAX MAP SECTION/PARCEL: 0254012000460 BOROUGH:

Deep Creek

The Planning Commission recommends approval with the following

stipulations:

1. The applicant/owner shall move the existing six-foot high chain-link

fence on the front property line of the site back to be in compliance with the

setback requirements of the Zoning Ordinance for fences prior to the issuance

of a final Certificate of Occupancy. In addition, the applicant/owner shall install

a street frontage buffer yard in accordance with the City’s Landscape

Ordinance. This street frontage buffer yard shall be subject to the review and

approval of the Director of Development and Permits or designee and shall be

installed prior to the issuance of a Certificate of Occupancy. If, through Board of

June 16, 2015

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Zoning Appeals’ action or court proceedings, the applicant/owner is permitted to

keep the existing fence in its current location, the applicant/owner shall cover

the entire existing six-foot high chain-link with a dark mesh liner of the same

quality as those used on tennis courts. Such liner shall be reviewed and

approved by the Planning Director or designee prior to it being placed on the

fence. In addition, the applicant/owner shall also request an adopt-a-spot permit

from the City in order to install a street frontage buffer yard between the existing

fence and the street pavement. The mesh liner, in addition to the required

buffer yard for street frontage, shall be installed prior to the issuance of a final

Certificate of Occupancy.

2. The applicant/owner shall move the stockyard fence on the rear

property line forward off of said property line to be in compliance with the Zoning

Ordinance prior to issuance of a final Certificate of Occupancy. Further, the

applicant/owner shall install plant materials as required by the Landscape

Ordinance on the outside of the fence adjacent to the residential property lines

prior to issuance of a final Certificate of Occupancy. These plants must include

evergreens and shall be subject to the review and approval of the Director of

Development and Permits or designee. If, through Board of Zoning Appeals

action or court proceedings, the applicant/owner is permitted to keep the fence

on the property line, the applicant/owner shall install a row of Leyland Cypress

on the interior of the rear stockade fence. The amount and spacing of the

Leyland Cypress shall be in accordance with the requirements of the Director of

Development and Permits or designee and shall be installed prior to the

issuance of a final Certificate of Occupancy.

3. The applicant/owner shall provide a landscape plan, per

Chesapeake Zoning Ordinance Section 19-600, prior to or at the time of the final

site plan. The landscape plan shall be subject to the inspection and approval of

the Director of Development and Permits or designee prior to the issuance of a

final Certificate of Occupancy.

4. The dumpster shall not be placed in the front yard and shall be

completely screened from the right-of-way by a stockade fence, installed in

accordance with the requirements of the Zoning Ordinance, with shrubs on three

(3) sides of the structure.

5. The applicant/owner shall obtain all required permits, including

fence permits for the fencing around the entire subject site, prior the issuance of

a certificate of occupancy for the business.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender stated that the applicants were present and

available for questions.

Council Member Ward, on a motion seconded by Council Member Davis,

moved approval of UP-15-23, with stipulations, as presented.

There was no discussion.

June 16, 2015

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On the motion to approve UP-15-23, with stipulations, as presented, voting

yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

J. #15-O-088 ST.C-15-04 Narrow Street Street Closure APPLICANT:

City of Chesapeake, Public Works Department PROPOSAL: A street closure

request to close a 2,600 square foot area covering both sides of the Norfolk

Southern railroad tracks at Narrow Street. This closure is a requirement of an

agreement between the City and Norfolk Southern to allow a new railroad

crossing on Woodlake Drive. ZONE: R-15s, Residential District LOCATION:

East and west sides of the railroad crossing on Narrow St TAX MAP

SECTION/PARCEL: adjacent to 1410000003400 BOROUGH: South Norfolk

The Planning Commission recommends approval with the following

stipulations:

1. The City of Chesapeake agrees to record in the Chesapeake

Circuit Court Clerk’s Office the duly adopted ordinance of the Chesapeake City

Council which will form basis for the title to the subject property in favor of

Norfolk Southern Railroad.

2. Norfolk Southern Railroad and the City hereby agree that the City

reserves a water/sewer easement in the area subject to this street closure,

ST.C-15-04, as shown on the exhibit entitled “Narrow Street Closure” and dated

May 5, 2015.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

City Attorney Proctor read an additional stipulation:

3. Subject to an acceptable license agreement between the City of

Chesapeake and Norfolk Southern Railway Company, a connector road

(Longanberry Drive) shall be constructed between Narrow Street and

Strawberry Avenue in a substantial similar alignment to that shown on the

project plans for the Narrow Street and Franklin Street Railroad Crossing

Closures dated September 5, 2014 and made by Kimley-Horn and Associates,

Inc.

Council Member Ward, on a motion seconded by Council Member Craig,

moved approval of ST.C-15-04, with amended stipulations, as presented.

Council Member Ward spoke in support of the amended stipulation and

reviewed the ingress/egress in the surrounding area for large fire equipment.

There was no additional discussion.

On the motion to approve ST.C-15-04, with stipulations, as presented,

voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter,

Ward and West.

Voting no: None

June 16, 2015

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K. #15-O-089 ST.C-15-05 Franklin Street Street Closure APPLICANT:

City of Chesapeake, Public Works Department PROPOSAL: A street closure

request to close an 8,500 square foot area covering both sides of the Norfolk

Southern railroad tracks at Franklin Street. This closure is a requirement of an

agreement between the City and Norfolk Southern to allow a new railroad

crossing on Woodlake Drive. ZONE: R-15s, Residential District LOCATION:

North and south sides of the railroad crossing on Franklin St TAX MAP

SECTION/PARCEL: adjacent to 1660000000002 BOROUGH: South Norfolk

The Planning Commission recommends approval with the following

stipulations:

1. The City of Chesapeake agrees to record in the Chesapeake

Circuit Court Clerk’s Office the duly adopted ordinance of the Chesapeake City

Council which will form basis for the title to the subject property in favor of

Norfolk Southern Railroad.

2. Norfolk Southern Railroad and the City hereby agree that the City

reserves a water/sewer easement in the area subject to this street closure,

ST.C-15-05, as shown on the exhibit entitled “Franklin Street Closure” and dated

May 5, 2015.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Acting City Clerk Pender identified the following speaker:

Donald Creef, 4127 A. Franklin Street, representing self, spoke in

opposition to Public Hearing Item (K).

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

moved approval of ST.C-15-04, with stipulations, as presented.

There was discussion between Assistant Director of Public Works Earl

Sorey, Council Member Kelly and Council Member Ward concerning the street

closure, Fire and Public Safety review of the closure and the maneuverability of a

fire truck in the proposed area.

Council Member Kelly requested City Manager Baker meet with Mr. Creef

concerning the street closure.

There was no additional discussion.

On the motion to approve ST.C-15-04, with stipulations, as presented,

voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter

and West.

Voting no: Council Member Ward.

L. #15-O-090 TA-Z-14-09 An Ordinance amending Appendix A of the City

Code, entitled “Zoning”, Article 3, Section 3-403; Article 6, Sections 6-2101 and

6-2102; and Article 14, Sections 14-900 and adding Section 14-905 thereof, to

add a permitted use for beekeeping and beehive construction, placement, and

maintenance in certain residential districts, subject to certain conditions.

June 16, 2015

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The Planning Commission recommends approval of the version dated

April 23, 2015, with the deletion of Section 14-905.B.3 (without the flyway

fence).

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

City Attorney Proctor reviewed the alternative version dated June 15, 2015.

Acting City Clerk Pender stated there were ten speakers in support of

Public Hearing Item (L):

Tom Freeman, 1900 Pocaty Road, Chairman, Agricultural Advisory

Commission/Farm Bureau.

The remaining speakers did not wish to speak.

Council Member Ritter, on a motion seconded by Council Member Davis,

moved approval of TA-Z-14-09, version dated June 15, 2015, as presented.

There was no discussion.

On the motion to approve TA-Z-14-09, version dated June 15, 2015, as

presented, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter,

Ward and West.

Voting no: Vice Mayor de Triquet

M. #15-O-091 TA-Z-15-01 An Ordinance amending Appendix A of the City

Code, entitled “Zoning”, Article 12, Section 12-722; and the procedural and

architectural guidelines of the Board of Historic and Architectural Review to

allow consideration of financial hardship concerning replacement of historic

roofing materials.

The Planning Commission recommends approval of the version dated

April 21, 2015.

Acting City Clerk Pender presented the item.

Planning Director Shea offered staff’s recommendation.

Council Member Kelly, on a motion seconded by Council Member Ward,

moved approval of TA-Z-15-01, version dated April 21, 2015, as presented.

There was no discussion.

On the motion to approve TA-Z-15-01, version dated April 21, 2015, as

presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,

Krasnoff, Ritter, Ward and West.

Voting no: None

CITIZENS COMMENTS ON AGENDA ITEMS ONLY

Acting City Clerk Beverly Pender stated there were no speakers on the

agenda item.

Regular Agenda

City Manager Item

(1) #15-R-040 RESOLUTION AUTHORIZING THE CITY MANAGER TO

RESCIND AN AGREEMENT BETWEEN THE CITY OF CHESAPEAKE AND

THE CHESAPEAKE REDEVELOPMENT & HOUSING AUTHORITY IN ORDER

June 16, 2015

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TO FACILITATE THE USE OF U.S. DEPARTMENT OF HOUSING & URBAN

DEVELOPMENT HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS

TO DEVELOP AFFORDABLE HOUSING IN THE CITY OF CHESAPEAKE –

DEPARTMENT OF PLANNING

City Manager Baker presented the Resolution with a request for approval.

Council Member West, on a motion seconded by Council Member Craig,

moved to approve the Resolution, as presented.

There was no discussion.

On the motion for approval of 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 de Triquet.

NOMINATIONS TO BOARDS AND COMMISSION

A. Chesapeake City Council Audit Committee – 3 vacancies

Council Member Kelly nominated Council Member Ritter, Vice Mayor de

Triquet as Council Representatives and Patrick Corbin as the Citizen

Representative.

Mayor Krasnoff, on a motion seconded by Council Member West, moved to

close the nominations and appoint the nominees.

There was no discussion.

On the motion to appoint Council Member Ritter, Vice Mayor de Triquet as

Council Representatives and Patrick Corbin as the Citizen Representative, voting

yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

Council Member Ritter and Vice Mayor de Triquet were appointed to the

Chesapeake City Council Audit Committee as Council Representatives and Patrick

Corbin was appointed as the Citizen Representative.

Vice Mayor de Triquet relinquished the gavel back to Mayor Krasnoff.

UNFINISHED BUSINESS

Mayor Krasnoff asked Council Members for any Unfinished Business;

there was none offered.

NEW BUSINESS

Mayor Krasnoff asked Council Members for any New Business.

Mayor Krasnoff requested that the extension of Route 17 be named the

Blue Star Memorial Highway and be placed on the next available City Council

agenda.

Council Member Davis asked that funds be allocated to demolish the old

Western Branch Theater and be placed on the next available City Council

agenda; requested that staff meet with the applicants on the assisted living

facility application and consider the 43 acres residual property from the

Veterans’ Housing behind Chesapeake Regional Hospital; and asked for the

June 16, 2015

- 24 -

formation of a Task Force to market the Oakbrooke Technology Park.

There was no further New Business.

REQUEST FOR CLOSED SESSION

City Attorney Proctor provided the following language for a Closed

Session: “to conduct a closed session to i) discuss personnel issues concerning

a City Council appointee, and ii) consult with legal counsel pertaining to actual

or probable litigation where such consultation in an open meeting would

adversely affect the negotiating or litigating posture of the public body, as

permitted by Section 2.2-3711 (A)(1) and (7) of the Code of Virginia.”

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

moved approval of the Closed Session request.

There was no discussion.

On the motion to approve the Closed Session request, voting yes,

Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and

West

Voting no: None

City Council convened the Closed Session at 9:58 p.m., and reconvened

the meeting at 10:28 p.m.

CERTIFICATION OF THE CLOSED SESSION

City Attorney Proctor read the following: “The Chesapeake City Council

hereby certifies that to the best of each member’s knowledge, only public

business matters lawfully exempted from open meeting requirements by Virginia

law were discussed and only such public business matters as were identified in

the motion convening the closed meeting were heard, discussed, or

considered.”

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

moved to approve certification of the Closed Session discussions.

There was no discussion.

On the motion to approve certification of the Closed Session discussions,

voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff,

Ritter, Ward and West

Voting no: None

BENEDICTION

Mayor Krasnoff offered the evening’s benediction.

June 16, 2015

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ADJOURNMENT

There being no further business to discuss, Mayor Krasnoff adjourned the

meeting at 10:29 p.m.

/dah

__________________________

Mayor

ATTEST:

__________________________

Acting City Clerk