City of Chesapeake Department of Planning Post Office Box 15225 Chesapeake, Virginia 23328 (757) 382-6176 FAX (757) 382-6406 MARKED AGENDA Chesapeake Planning Commission PUBLIC HEARING – FEBRUARY 11, 2015 CITY COUNCIL CHAMBER – 7:00 P.M. A. Call to Order: Chairman Kish B. Invocation: Commissioner Morris C. Pledge of Allegiance: Commissioner Johnson D. Roll Call: Commissioners Hutchinson and Small absent E. Approval of Minutes: January 14, 2015 F. Public Hearing Withdrawn and Continued Items: 1. UP-14-19 PROJECT: Bainbridge Recycling APPLICANT: Bainbridge Recycling, Inc. PROPOSAL: A conditional use permit to operate a solid waste management facility, and a concrete and material crushing facility with a reduction in setback requirements. ZONE: M-3, Waterfront Industrial District LOCATION: 5360 Bainbridge Boulevard TAX MAP SECTION/PARCEL: 0350000000702 BOROUGH: Washington (Continued from the January 14, 2015 Public Hearing) WITHDRAWN. No action necessary. APPROVED Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 2 2. R(C)-14-29 PROJECT: Hickory Woods APPLICANT: Kotarides Developers PROPOSAL: A conditional zoning reclassification of a 38.298± acre portion of a 65.5091± acre parcel from A-1, Agricultural District, to R-MF-1, Multifamily Residential District (30.64± acres) and B-2, General Business District (7.66± acres). PROPOSED COMP LAND USE / DENSITY: Suburban Mixed-Use with residential densities of no more than 10 dwelling units per acres EXISTING COMP LAND USE / DENSITY: Suburban Mixed-Use with something less than 10 dwelling units per acre LOCATION: Battlefield Boulevard South, one half mile south of Hillcrest Parkway TAX MAP SECTION/PARCEL: 0850000000210 BOROUGH: Pleasant Grove CONTINUED to the March 11, 2015 Public Laethem/Williams, Hutchinson & Small excused) 3. Hearing. (7-0; Van UP-14-35 PROJECT: Ballentine Road Borrow Pit APPLICANT: E.V. Williams Construction Company AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit for the excavation of a borrow pit on a 160± acre portion of a site totaling 318.7± acres. ZONE: A-1, Agricultural District LOCATION: 128 Ballentine Road, the portion located on the south side of Ballentine Road TAX MAP SECTION/PARCEL: A portion of 0970000000620 BOROUGH: Butts Road (Continued from the January 14, 2015 Public Hearing) CONTINUED to the March 11, 2015 Public Hearing. (7-0; Williams/Johnson, Hutchinson & Small excused) G. Public Hearing Consent Items: 4. UP-14-39 PROJECT: Small Voices Academy APPLICANT: Shirley Knowles PROPOSAL: A conditional use permit to allow the expansion of an existing daycare in a shopping center. ZONE: B-2 General Business LOCATION: 3940 Airline Boulevard, Suite 110 TAX MAP SECTION/PARCEL: 0163004000002 BOROUGH: Western Branch (Continued from the January 14, 2015 Public Hearing) Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 3 Planning Commission recommends that UP-14-39 be APPROVED with the following stipulations: (7-0; Williams/Ellis, Hutchinson & Small excused) STAFF REPORT UPDATE 5. 1. A minimum of two adults shall supervise children in the play area and children crossing the parking lot. 2. A site interior sign shall be posted indicating “children at play” to alert the shopping center traffic of the day care activity. 3. Hours of operation shall be from 6:00 a.m. to 8:00 p.m., Monday through Sunday. R-14-31 PROJECT: Ida Gardens Rezoning APPLICANT: Maurice Robert McKenney AGENCY: American Engineering Associates-Southeast, PA PROPOSAL: A zoning reclassification of a 3.17± acre portion of a 7.15± acre development (two adjoining parcels) from M-1, Light Industrial District (3.17± acres) to R-10s, Residential District (3.17± acres). PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 dwelling units per acre LOCATION: 809 and 817 Bells Mill Road TAX MAP SECTION/PARCELS: 0470000000070 and 0470000000080 BOROUGH: Pleasant Grove CONTINUED to the March 11, 2015 Public Hearing. Laethem, Hutchinson & Small excused) 6. (7-0; Johnson/Van TA-Z-14-10 An Ordinance amending Appendix A of the City Code, entitled “Zoning,” Article 16, Section 16-203 (E), (F) and (G) thereof, to allow for the addition or modification of proffers during the City Council public hearing for a conditional rezoning application if the amended proffers do not materially affect the overall rezoning proposal and to adjust the schedule for proffer additions, modification and deletions after planning commission review in a manner that promotes flexibility while providing sufficient reasonable notice to the public. Planning Commission recommends that TA-Z-14-10, version dated January 13, 2015, be APPROVED. (7-0; Williams/Ellis, Hutchinson & Small excused) Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 4 H. Public Hearing Regular Items: 7. R(C)-14-14 PROJECT: Honeybrooke Subdivision APPLICANT: EcoGreen Development AGENCY: Horton & Dodd, PC PROPOSAL: A conditional zoning reclassification from A-1, Agricultural District (16.43± acres), and B-2, General Business District (0.52± acres), to R-12(a)s, Residential District (14.02± acres) and C-1, Conservation District (2.51± acres) for a portion of the overall site. The remaining 0.52± acres will remain B-2. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: Battlefield Boulevard South and terminus of Darby Run Drive TAX MAP SECTION/PARCEL: portion of 0730000000802 BOROUGH: Pleasant Grove (Continued from the January 14, 2015 Public Hearing) Planning Commission recommends that R(C)-14-14 be APPROVED with the following proffers: (6-1; Perry/Williams, Kish opposed, Hutchinson & Small excused) STAFF REPORT UPDATE 1. 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 $4,000.00 (Total amount of $116,000.00). The owner/applicant agrees to make a proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit. The owner/applicant 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 and state law. 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 $1,591.00; Transportation $1,454.00; Libraries $570.00; Emergency Services $385.00. 2. The applicant/owner agrees there shall be no direct vehicular access to this project via extension of Darby Run Drive. The access to this project shall be via connection to any future development of the currently vacant property to the south and/ or the west of this proposed project. The applicant/owner shall, at its own cost and expense, construct a Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 5 pedestrian access path in substantial conformance with the drawing showing the pedestrian access path which is dated January 27, 2015, and titled “Exhibit to Accompany Rezoning Application for Honeybrooke Subdivision.” The alignment and sufficiency of the path shall be subject to the review and approval of the Director of Development and Permits or designee and shall be completed prior to the issuance of the first certificate of occupancy on the property subject to this rezoning. 3. A 15’ landscape buffer ‘D’ as described in the City of Chesapeake Landscape Ordinance Section 19-610, Tables and Buffer Yard Standards, shall be installed along the rear lot line of proposed lot 8 as illustrated on the rezoning exhibit dated January 27, 2015 that accompanies this rezoning application. 4. The applicant/owner agrees the total number of residential dwellings within the subject development shall not exceed twenty-nine (29). 5. The applicant/owner agrees to record private covenants and restrictions that would create a Property Owner’s Association prior to the issuance of the first certificate of occupancy. The owner/applicant shall also record deed restrictions to assure the development of the subject property will be in accordance with the following requirements of subparagraphs a through d below prior to the issuance of the first certificate of occupancy. The enforcement of subparagraphs a through d shall be the sole responsibility of the Property Owner’s Association. a. All dwellings shall be constructed with a minimum 2,400 square feet of living area. b. All dwellings shall be constructed with crawl spaces or on raised slabs (finished floor at least 16 inches above outside ground elevations.) c. All dwellings shall be constructed with brick or stone skirts on all sides. d. Building materials to be used on the exterior of dwellings shall consist of any combination of the following: (1) Cementitious siding. (2) Brick, laid up masonry, not simulated or panalized products. (3) Stone, laid up masonry, not simulated or panalized products. (4) Stucco (5) Premium vinyl siding (minimum thickness 0.044 inches). Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 6 (6) All roofing shingles shall be architectural grade (25 year minimum; not single layer, 3-tab). 6. The applicant/owner agrees that all lots along the north, east and south perimeter of this development will be in excess of the average 12,000 square feet lot area required by the R-12-(a)s zoning district category as shown in concept on the rezoning exhibit dated January 27, 2015 that accompanies this application. 7. The applicant/owner agrees that this rezoning is conditioned on obtaining all required approvals from the Chesapeake Health Department, Department of Environmental Quality and/or the City of Chesapeake to serve the subject property with sewage disposal by connection to City of Chesapeake public sewer system prior to approval of a site development plan. 8. The conceptual site plan prepared by Horton & Dodd, P.C. and entitled “Exhibit to Accompany Rezoning Application for Honeybrooke Subdivision”, dated January 27, 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 Department of Development and Permits and shall supersede any previously filed conceptual site plan. 9. The applicant/owner agrees to purchase and provide computers and other technology equipment to benefit Hickory Middle School’s (“school”) use of technology as part of its curriculum. The owner/applicant agrees that all such equipment shall be subject to the School Administration’s approval, shall not exceed the value of $31,900.00, and shall be given prior to the issuance of a certificate of occupancy for the first residential dwelling unit. Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 7 8. R(PUD)-14-01 PROJECT: The Estates of Hickory (Hickory Landing and Hickory Manor) APPLICANT: Dragas Associates, Inc. and Edinburgh Parkway, LLC AGENCY: Poole Mahoney PC PROPOSAL: A zoning reclassification totaling 162.5± acres from A-1, Agricultural District and RE-1, Residential Estate District to R-PUD, Planned Unit Development, to construct a combined total of 629 detached condominiums and single-family homes. PUFA Application Development Criteria Renderings Elevations PROPOSED COMP LAND USE / DENSITY: PUD, Planned Unit Development EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: Hickory Landing/Parcel 1 is located on east side of Edinburgh Parkway and St. Brides Road Hickory Manor /Parcel 2 is located on the west side of Edinburgh Parkway and north of St. Brides Road TAX MAP SECTION/PARCELS: Parcel 1: 08500000000502, 0850000000506, 0850000000513, 0850000000514, portion of 0850000000521 Parcel 2: 0850000000460, 0850000000470 BOROUGH: Pleasant Grove (Continued from the January 14, 2015 Public Hearing) Planning Commission recommends that R(PUD)-14-01 be APPROVED with the revised Development Criteria dated February 11, 2015. (7-0; Van Laethem/Johnson, Hutchinson & Small excused) STAFF REPORT UPDATE 9. 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. CONTINUED to the April 8, 2015 Public Hearing. (6-1; Perry/Ellis, Van Laethem opposed, Hutchinson & Small excused) 10. CP-14-01 Resolution to amend the 2035 Chesapeake Comprehensive Plan, Planning and Land Use Policies, Level of Service Policy, to modify the requirement for staff recommendations; to allow consideration of anticipated school capacity improvements, school attendance levels, trends and other factors affecting capacity; to allow voluntary service level enhancements and project phasing in support of managed growth; and to make such other amendments necessary to clarify and carry out the intent and purpose of the policy. Planning Commission recommends that CP-14-01, dated February 11, 2015 version 2, be APPROVED. (7-0; Williams/Van Laethem, Hutchinson & Small excused) RESOLUTION STAFF REPORT UPDATE Chesapeake Planning Commission February 11, 2015 Public Hearing Marked Agenda Page 8 I. Planning Director Items J. Unfinished and New Business: K. Motion to cancel the February 25, 2015 Public Hearing meeting. APPROVED. (7-0; Williams/Van Laethem, Hutchinson & Small excused) Adjournment: 11:24 p.m. The Chesapeake Zoning Ordinance, Chesapeake Comprehensive Plan, Chesapeake Land Use Plan, Chesapeake tax map book, plats, and maps of the aforementioned properties, documents and proposed text amendments, as described, are available for inspection in the Planning Department, on the second floor in the City Hall building, Chesapeake Civic Center during regular municipal hours. The agenda is also available for viewing on the City’s website, www.cityofchesapeake.net, with links to view the applications, proposed text amendments and the staff recommendations when available. This meeting will be televised live on WCTV-48 (Cox Cable channel 48 and Verizon Cable channel 43) and re-televised Wednesday, February 11, 2015 at 11:00 p.m. If the meeting concludes after 11:00 p.m. it will air as soon as technically possible after the conclusion of the live meeting. It will air again on the following Wednesdays, at 7:00 p.m., Thursdays at 1:00 p.m., and on Sunday at 9:00 a.m. until the next scheduled Planning Commission Meeting on March 11, 2015. All interested parties are invited to attend the public hearing. Those members of the public interested in attending the public hearing should be advised that, for reasons the Planning Commission deems appropriate, certain items on the agenda may be heard out of order and that it should not be assumed that the order listed above will be exactly followed during the public hearing. Also, due to advertising deadlines, items that have been continued from previous Planning Commission meetings may not appear on this agenda. For further information, contact the Planning Department at 382-6176.
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