pln-use-2016-035 gilmerton energy center

Docket Item "D" PLN-USE-2016-035

Gilmerton Energy Center

CITY COUNCIL PACKAGE FOR

DECEMBER 20, 2016

– 2 Application Summary 3 – 7 Planning Commission Draft Minutes 8 – 26 Staff Report(s): November 2, 2016

27 Fiscal Impact Analysis 28 – 29 Architectural Elevation 30 – 34 Site Plan 35 Aerial 36 GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-USE-2016-035 Gilmerton Energy Center

LOCATION: 2801 South Military Highway

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.

SUBMITTED: 7-27-16 ACCEPTED: 10-25-16

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATE(S): 11-9-16

RECOMMENDATION: APPROVAL with stipulations

VOTE: 8 - 0

ATTACHMENTS

Draft Minutes, Staff Report(s), Architectural Elevation, Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY


APPLICANT: Gilmerton Energy Center, LLC Attn: Sue Yang Macquarie Infrastructure and Real Assets 125 West 55th Street, Level 15 New York, NY 10019 917-238-0351 [email protected] OWNER: IMTT-Virginia LLC, a Delaware Limited Liability Co. Attn: Jennifer LaCroix 321 St. Charles Avenue New Orleans, LA 70130 485-3000 [email protected] AGENT: Shepelle Watkins-White Consulting & Law, PLLC Attn: Shepelle Watkins-White 870 Greenbrier Circle, Suite 405 Chesapeake, VA 23320 842-4833 [email protected]

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[email protected]

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5 Chesapeake Planning Commission DRAFT November 9, 2016 Public Hearing Minutes

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.

6 Chesapeake Planning Commission

DRAFT November 9, 2016 Public Hearing Minutes

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.

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.

7 Chesapeake Planning Commission DRAFT November 9, 2016 Public Hearing Minutes

Mrs. Shaffer read PLN-USE-2016-035 into the record for Commission review and action.

Staff Presentation:

Mr. McKay stated that based on the findings listed in the staff report, planning staff recommended that PLN-USE-2016-035 be APPROVED with the stipulations as listed in the official agenda. COMMISSION DISCUSSION:

PLN-REZ-2016-024 and PLN-USE-2016-035 were heard together. Please see PLN-REZ-2016-024.

COMMISSION VOTE:

Commissioner Kish moved that PLN-USE-2016-035 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Secretary Perry seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Williams excused.

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APPLICANT: Gilmerton Energy Center, LLC AGENT: ShepelleWatkinsWhite 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

pln-use-2016-035 gilmerton energy center

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