City Council Closed Session - City of Chesapeake, Virginia · - 1 - City Council Closed Session...
Transcript of City Council Closed Session - City of Chesapeake, Virginia · - 1 - City Council Closed Session...
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City Council Closed Session August 18, 2009
A Closed Session of the Chesapeake City Council was held August 18,
2009, at 4:00 p.m., in the Executive Conference Room, 1st Floor, City Hall Building,
306 Cedar Road.
Present: Council Member Bryan L. Collins
Vice Mayor John de Triquet (arrived at 4:20 p.m.)
Mayor Alan P. Krasnoff
Council Member Dwight M. Parker
Council Member S. Z. “Debbie” Ritter
Council Member Ella P. Ward
Council Member Richard “Rick” West
Council Member Patricia Pritchard Willis (arrived at 4:09 p.m.)
Absent: Council Member C. E. “Cliff” Hayes, Jr. (excused)
Present from Administration: City Manager William Harrell, City Attorney Ronald
Hallman, and Deputy City Attorney Jan Proctor.
Others Present: None
The Closed Session adjourned at 5:20 p.m.
(Certification occurred during the City Council meeting at 6:30 p.m., August 18,
2009)
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City Council Work Session August 18, 2009
A Regular Work Session of the Chesapeake City Council was held August
18, 2009, at 5:25 p.m., in the City Hall Building, 306 Cedar Road.
Present: Council Member Bryan L. Collins
Vice Mayor John M. de Triquet
Mayor Alan P. Krasnoff
Council Member Dwight M. Parker
Council Member S. Z. “Debbie” Ritter
Council Member Ella P. Ward
Council Member Richard “Rick” West
Council Member Patricia Pritchard Willis
Absent: Council Member C. E. “Cliff” Hayes (excused)
Present from Administration: City Manager William Harrell, City Attorney Ronald
Hallman, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Amar
Dwarkanath, City Clerk Dolores Moore, Economic Development Director Steven
Wright, Public Communications Director Mark Cox, and other staff members.
Also Present: National Association for the Advancement of Colored People
(NAACP) Past President March Cromuel, NAACP President John Hines, and
NAACP member Vince Carpenter.
The following topics were discussed during the Work Session:
1) NAACP Fair Share Agreement 2) Council Member Reports
The Work Session adjourned at 5:43 p.m.
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Regular Meeting of City Council August 18, 2009
A Regular Meeting of the Chesapeake City Council was called to order by
Mayor Alan P. Krasnoff on August 18, 2009 at 6:30 p.m., in the City Hall Building,
306 Cedar Road.
INVOCATION: Bishop Fred Hill, Emmanuel Way of the Cross Church
PLEDGE OF ALLEGIANCE: Cub Scout Pack 901, St. Thomas Episcopal
Church.
ROLL CALL BY CLERK OF COUNCIL:
Present: Council Member Bryan L. Collins
Vice Mayor John M. de Triquet (excused at 9:28 p.m.)
Mayor Alan P. Krasnoff
Council Member Dwight M. Parker
Council Member S. Z. “Debbie” Ritter
Council Member Ella P. Ward
Council Member Richard “Rick” West
Council Member Patricia Pritchard Willis
ABSENT: Council Member C. E. “Cliff” Hayes, Jr. (excused)
Present from Administration: City Manager William Harrell, City
Attorney Ronald Hallman, Deputy City Manager Wanda Barnard-Bailey, Deputy
City Manager Amar Dwarkanath, City Clerk Dolores Moore, Assistant City
Attorney Grady Palmer, Planning Director Brent Nielson, and other staff
members.
APPROVAL OF MINUTES
Mayor Krasnoff advised that the minutes of the Work Session and Regular
Meeting of October 28, 2008 were presented for approval.
Council Member Ward, on a motion seconded by Vice Mayor de Triquet,
moved approval of the City Council Work Session and Regular Meeting minutes
of October 28, 2008, as presented.
There was no discussion.
On the motion to approve the City Council Work Session and Regular
Meeting minutes of October 28, 2008, as presented, voting yes: Council
Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West and Willis.
Voting no: None (Council Member Hayes excused)
Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet.
SPECIAL RECOGNITION – NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE (NAACP) 20TH ANNIVERSARY –
FAIR SHARE AGREEMENT
Mayor Krasnoff called President of Chesapeake Chapter of the NAACP
John Hines, and Member Vincent Carpenter to the podium to accept the
Certificate of Recognition. President Hines and Member Carpenter made
comments concerning the start of the NAACP and the Fair Share Agreement.
August 18, 2009
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APPLICANTS’, AGENTS’, AND CITIZENS’ COMMENTS ON PUBLIC
HEARING ITEMS
City Clerk Moore stated there were no speakers prior to the presentation
of the Public Hearing Items.
PUBLIC HEARING ITEMS
A. R(C)-04-26 (Rev 4/09) PROJECT: “A Place for Girls” Annex
APPLICANT: Girl Scout Council of Colonial Coast, Inc. AGENCY: Engineering
Services, Inc. PROPOSAL: A conditional zoning reclassification to revise the
proffers on a 2.532 acre parcel to allow an outdoor in-ground swimming pool
instead of an indoor pool. ZONE: O&I, Office and Institutional District
PROPOSED COMP LAND USE/ DENSITY: Institution EXISTING COMP LAND
USE/ DENSITY: Low Density Residential LOCATION: 210 Waters Road TAX
MAP SECTION/PARCEL: 0470000000024 BOROUGH: Pleasant Grove. (This
item was continued from the July 21, 2009 City Council Meeting)
The Planning Commission recommends denial.
City Clerk Moore identified the following speakers in support of Public
Hearing Item (A):
Tracy Keller, 3617 Riverwood Crescent, representing the Girl Scout
Council of Colonial Coast.
Alvene W. Buckley, 1408 Cobble Scott Way, representing self.
Emily Hockeborn, 705 Tafton Way, representing self.
Megan Duer, 2205 Penryth Court, representing self.
Sandra J. DeLoatch, 912 Cedar Road, representing self.
Walton P. Burkhimer, Jr., 3351 Stoneshore Road, Virginia Beach,
representing Girl Scout Council of Colonial Coast.
City Clerk Moore identified the following speakers in opposition to Public
Hearing Item (A):
Lee Mason, 200 Waters Road, representing self.
Terri Cheesebrew, 208 Waters Road, representing self.
Martha Benning, 206 Waters Road, representing self.
Brian Cheesebrew, 208 Waters Road, representing self.
Council Member West, on a motion seconded by Council Member Ritter,
moved approval of R(C)-04-26 (REV 4/09) with proffers dated July 30, 2009 and
additional language as presented:
1. The property shall not be developed or used separately, but shall
be combined by deed with the adjacent parcel currently designated
on the Tax Map of the City of Chesapeake as Parcel
0590000002720. The deed to accomplish this shall be prepared,
approved and recorded before any site plan approval is granted. A
Swimming Pool with supporting facilities and related recreational
activities (the “Accessory Use,”) may be developed and operated as
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an Accessory Use to the office use conducted at the building (the
“Main Building”) on Tax Parcel 0590000002720.
2. Access for the Accessory Use shall be provided from the existing
Main Building parking areas on Tax Parcel 0590000002720.
Vehicular access via Old Waters Road shall be limited to
maintenance, service and similar activities. In the fence required by
code around the Swimming Pool, the following shall be installed
along the eastern property line:
a. From a point generally abreast of the rear wall of the existing
main building on the property, thence 50’ rearward, a special
sound attenuation wall shall be provided, with the following
characteristics.
(1) It shall be 8’ in height.
(2) It shall be a modular system specifically designed and
rated for sound attenuation purposes, such as the LSE
Noise Barrier System by Sound Fighter Systems, LLC
(www.soundfighter.com) or system deemed comparably
effective by the Zoning Administrator or designee.
(3) It shall be placed no less than 10’ inside the property line to
allow room for landscaping materials on the side facing the
neighboring property.
(4) A length of the same wall system, approximately 20 feet
long, shall extend from the east property line to the right
rear corner of the existing main structure, so that the wall
system and the structure combine to form an effective
barrier to attenuate sound levels perceived on residential
properties to the east.
b. Beginning from a point along the eastern face of the existing
building, a 6’ high solid privacy-type fence shall be constructed
perpendicular to the eastern property line. This fence shall
stop at a point 10 feet off of the eastern property line and
continue rearward, parallel to and 10 feet off of the property
line to the beginning of the 50’ sound attenuation wall. This
same 6’ fence shall resume at the rear end of the sound
attenuation wall and continue to a point 10’ landward of the
edge of the wetlands.
c. Along the combined extents of the sound attenuation wall and
the 6’ high fences, a landscape buffer, consisting of evergreen,
hedge-type, planting material will be planted, positioned east
of the fence and wall so as to be visible to the adjacent
property owner.
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d. Prior to the issuance of a final certificate of occupancy, the
Planning Director may waive the requirement for the sound
attenuation wall, or approve a reduction in its height, after
review and consultation with the adjacent property owner of
TM # 0470000000023. This review shall occur after a
temporary certificate of occupancy has been issued and the
planning director and adjacent property owner have an
opportunity to consider the noise impacts. Upon the request
of the adjacent property owner, the Planning Director may
waive the requirement for, or reduce the required height of,
the sound attenuation wall and, if the sound attenuation wall
is waived, ensure that landscaping required by the
Landscape Ordinance and a 6’ privacy type fence is installed
instead of the sound attenuation wall in addition to the
requirements of subparagraphs b and c above. This review
period shall allow sufficient opportunity to evaluate the noise
impacts on the adjacent property but shall not extend
beyond 60 days after the first actual use of the pool for
swimming. If no action is taken by the 60th day, the sound
attenuation wall shall be installed within 30 days and no final
certificate of occupancy shall be issued until the wall has
been installed as proffered.
2. The Accessory Use constructed on the subject property shall have its
entrance for users on its west side, facing Parcel 0590000002720.
3. The overall design and appearance of the Accessory Use shall be, in
the opinion of the Director of Planning or designee, of a nature and
configuration to be as harmonious as practical with the adjacent
residential properties.
4. Lighting on the property shall be the minimum necessary for
reasonable security, as determined by the Director of Planning or
designee, and shall be inward-directed, full-cutoff fixtures to avoid
spillage of light onto adjacent properties.
5. Hours of operation shall be from 9:00 a.m. until sunset. Operation
shall be limited to the months of May through September.
6. The total number of users of the outdoor facilities, including but not
limited to the pool and its associated deck, shall not exceed 40 at
any one time.
7. The property shall not be developed or used separately, but shall
be combined by deed with the adjacent parcel currently designated
on the Tax Map of the City of Chesapeake as Parcel
0590000002720. The deed to accomplish this shall be prepared,
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approved and recorded before any site plan approval is granted. A
Swimming Pool with supporting facilities and related recreational
activities (the “Accessory Use,” may be developed and operated as
an Accessory Use to the office use conducted at the building (the
“Main Building”) on Tax Parcel 0590000002720.
8. Access for the Accessory Use shall be provided from the existing
Main Building parking areas on Tax Parcel 0590000002720.
Vehicular access via Old Waters Road shall be limited to
maintenance, service and similar activities. In the fence required by
code around the Swimming Pool, the following shall be installed
along the eastern property line:
a. From a point generally abreast of the rear wall of the existing
main building on the property, thence 50’ rearward, a special
sound attenuation wall shall be provided, with the following
characteristics.
(1) It shall be 8’ in height.
(2) It shall be a modular system specifically designed and
rated for sound attenuation purposes, such as the LSE
Noise Barrier System by Sound Fighter Systems, LLC
(www.soundfighter.com) or system deemed
comparably effective by the Zoning Administrator or
designee.
(3) It shall be placed no less than 10’ inside the property
line to allow room for landscaping materials on the side
facing the neighboring property.
(4) A length of the same wall system, approximately 20
feet long, shall extend from the east property line to the
right rear corner of the existing main structure, so that
the wall system and the structure combine to form an
effective barrier to attenuate sound levels perceived on
residential properties to the east.
b. Beginning from a point along the eastern face of the existing
building, a 6’ high solid privacy-type fence shall be constructed
perpendicular to the eastern property line. This fence shall
stop at a point 10 feet off of the eastern property line and
continue rearward, parallel to and 10 feet off of the property
line to the beginning of the 50’ sound attenuation wall. This
same 6’ fence shall resume at the rear end of the sound
attenuation wall and continue to a point 10’ landward of the
edge of the wetlands.
c. Along the combined extents of the sound attenuation wall and
the 6’ high fences, a landscape buffer, consisting of evergreen,
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hedge-type, planting material will be planted, positioned east
of the fence and wall so as to be visible to the adjacent
property owner.
d. Prior to the issuance of a final certificate of occupancy, the
Planning Director may waive the requirement for the sound
attenuation wall, or approve a reduction in its height, after
review and consultation with the adjacent property owner of
TM # 0470000000023. This review shall occur after a
temporary certificate of occupancy has been issued and the
planning director and adjacent property owner have an
opportunity to consider the noise impacts. Upon the request
of the adjacent property owner, the Planning Director may
waive the requirement for, or reduce the required height of,
the sound attenuation wall and, if the sound attenuation wall
is waived, ensure that landscaping required by the
Landscape Ordinance and a 6’ privacy type fence is installed
instead of the sound attenuation wall in addition to the
requirements of subparagraphs b and c above. This review
period shall allow sufficient opportunity to evaluate the noise
impacts on the adjacent property but shall not extend
beyond 60 days after the first actual use of the pool for
swimming. If no action is taken by the 60th day, the sound
attenuation wall shall be installed within 30 days and no final
certificate of occupancy shall be issued until the wall has
been installed as proffered."
9. The Accessory Use constructed on the subject property shall have its
entrance for users on its west side, facing Parcel 0590000002720.
10. The overall design and appearance of the Accessory Use shall be, in
the opinion of the Director of Planning or designee, of a nature and
configuration to be as harmonious as practical with the adjacent
residential properties.
11. Lighting on the property shall be the minimum necessary for reasonable
security, as determined by the Director of Planning or designee, and
shall be inward-directed, full-cutoff fixtures to avoid spillage of light onto
adjacent properties.
12. Hours of operation shall be from 9:00 a.m. until sunset. Operation shall
be limited to the months of May through September.
13. The total number of users of the outdoor facilities, including but not
limited to the pool and its associated deck, shall not exceed 40 at any
one time.
There was discussion between Council Member Willis, Planning Director
Nielson, Director of Development and Permits Jay Tate, and City Attorney
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Ronald Hallman concerning the City’s requirements for private backyard pools
and public pools. Mr. Nielson added that with O & I Zoning, there was more
flexibility in terms of fencing heights, setbacks, landscaping and buffering.
Council Member Willis asked City Attorney Hallman if City Council could
limit the number of people allowed in a personal pool. Mr. Hallman responded
that the Council could not.
Council Member Parker asked that Ms. Keller return to the podium.
Council Member Parker asked Ms. Keller why the change from an indoor
pool to an outdoor pool. Ms. Keller stated that the indoor pool was a more
expensive project and after surveying the girls and members, is was discovered
that there was a desire to learn basic water safety skills and to be able to swim.
It was decided to scale the project back and build the same type of pool that was
located at other locations.
Council Member West stated that he had visited the property and agreed
that it was an issue of convenience. He noted that while the pool would infringe
on adjacent neighbors in the beginning, over time that would diminish. Mr. West
advised that he had visited an area pool that was situated like the proposed
project and talked to the adjoining neighbors. The neighbors had stated that they
were against the pool at first; however, over time there was less noise and it
became less of an infringement. Council Member West noted that the issue to
be considered was to what degree the Girl Scouts would be infringing on the
neighbors versus the good the recreation would provide the girls.
Council Member Collins and Ms. Keller discussed the change in the
project to an outdoor pool and the cost differences between an indoor and
outdoor pool. The less expensive outdoor pool would leave additional resources
to allow the Girl Scout Council to offer more of the programs the girls wanted.
Council Member Collins asked if the Girl Scouts were willing to restore the
neighbors’ yards if damage occurred. Ms. Keller responded yes. Council
Member Collins asked Mr. Nielson if staff had reviewed the impacts on the
surrounding area. Mr. Nielson stated that staff had reviewed the impact on
adjoining properties. Council Member Collins stated that based on the time
spent on the original application, he found it hard to support the application.
Council Member Ward asked Ms. Keller what the cost was for the indoor
pool versus the proposed outdoor pool. Ms. Keller advised that the approximate
cost of the indoor pool was $2 million, while the outdoor pool and modifications to
the existing house were projected to be $200,000.
Council Member Collins asked the marker of the motion, Council Member
West, if he would consider a 30-day continuance of the item to allow an
additional proffer to address responsibility for damage to adjoining properties if it
occurred. Council Member West responded that he was not willing to delay the
project.
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Council Member Ritter discussed having a notarized letter from the
applicant stating that they would be responsible for damages. City Attorney
Hallman stated that would be helpful, but not binding.
There was no further discussion.
On the motion to approve R(C)-04-26 (REV 4/09) with proffers dated July
30, 2009, and additional language as stated, voting yes: Council Members
Collins, Krasnoff, Parker, Ritter, Ward, West and Willis.
Voting no: Vice Mayor de Triquet (Council Member Hayes excused)
#09-O-101 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING
ORDINANCE TO PROVIDE FOR THE CONDITIONAL ZONING
RECLASSIFICATION TO REVISE THE PROFFERS ON A 2.532 ACRE
PARCEL TO ALLOW AN OUTDOOR IN-GROUND SWIMMING POOL
INSTEAD OF AN INDOOR POOL LOCATED AT 210 WATERS ROAD IN THE
PLEASANT GROVE BOROUGH IN O & I OFFICE AND INSTITUTIONAL
DISTRICT (R(C)-04-26 (REV 4/09))
Vice Mayor de Triquet returned the gavel back to Mayor Krasnoff.
B. R(C)-05-05 (Rev 2/09) PROJECT: Albemarle River- Formerly Hilltop
Terrace APPLICANT: Greystone Land Company, LLC AGENCY: Hassell &
Folkes, PC PROPOSAL: A conditional rezoning application to revise the proffers
regarding design of the units, layout of the subdivision, amount and timing of
payment of cash proffers, and disclosure language regarding the nearby landfill.
ZONE: R-15(a)s, Residential District PROPOSED COMP LAND USE /
DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY:
Low Density Residential LOCATION: Southside of Butts Station Road at its
intersection with Elbow Road and immediately east of Greystone subdivision
TAX MAP SECTION/PARCELS: 0490000000390, 0490000000960 BOROUGH:
Washington. (This item was continued from the July 21, 2009 City Council
Meeting)
The Planning Commission recommends denial.
City Clerk Moore identified the following speaker in support to Public
Hearing Item (B):
James R. Bradford, 325 Volvo Parkway, representing Hassell & Folkes, P.C.
Council Member Parker, on a motion seconded by Council Member
Collins, moved approval of R(C)-05-05 (REV 2/09) with proffer statement dated
July 29, 2009:
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1. Exterior Materials
a. The owner/applicant agrees the primary materials to be used on the
front elevation of all residential dwellings shall be brick, masonry
(stone) or substantially similar material. Secondary materials that
may be used on the front elevation shall be EIFS (Exterior Insulation
and Finish Systems), wood siding, cement based siding, or
substantially similar material. In no event shall secondary materials
be used to cover more than 45% of the total area of the front of any
proposed dwelling.
b. The owner/applicant further agrees that the primary materials to be
used on the sides and rear of all residential dwellings shall consist of
brick, masonry (stone), or substantially similar material, with the
exception that accents, gables, bay windows, and other design or
ornamental features may consist of EIFS, wood materials or cement
based materials.
c. The owner/applicant agrees that no plywood, vinyl, or aluminum shall
be used on the exterior of any residential dwelling, except that
cornices and porches may consist of painted vinyl, colorized
aluminum or painted plywood. In no event shall aluminum windows
be permitted.
d. As used in proffer, the term “substantially similar material” shall mean
materials of the same quality and visual impact, as determined by the
Director of Planning or designee.
a. The owner/applicant agrees that the residential improvements
resulting from this application shall be substantially similar in quality
to the exhibits dated July 14, 2008 as approved by the Director of
Planning or designee.
b. The owner/applicant agrees that the primary materials to be used
on the front, sides, and rear of all residential structures shall consist
of brick, masonry (stone), high quality nailite with twice the mil of
conventional vinyl, beaded lap, or substantially similar material,
with the exception that accents, gables, bay windows, and other
design or ornamental features may consist of EIFS, wood materials
or cement based materials. Brick or cement based materials, or a
combination thereof, shall not be required to cover more than
37.5% of the home’s exterior surface. Such material shall be
presented to and accepted by the Planning Director or Designee
prior to final construction plans approval.
2. Crawl Space. All residential dwellings must have a crawl space or raised
slab with the exterior appearance of a crawl space, including a brick skirt.
3. Garage Requirement. The owner/applicant agrees that each residential
dwelling shall be provided with a minimum of a two-car garage.
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4. Home Size. The owner/applicant agrees that one-story dwellings shall
have a minimum of 2,000 S.F. of heated living space, and two-story
dwellings shall have a minimum of 2,400 S.F. of heated living space.
5. The owner/applicant agrees that the ultimate subdivision of the subject
property shall be as a cluster development pursuant to Article 6-2200 of
the zoning ordinance and as generally shown on the rezoning exhibit.
Such exhibit shall not be construed as being exact in presentation and
shall be subject to preliminary subdivision review and approval.
6. a. The owner/applicant agrees to make a cash contribution to the City
of Chesapeake for the expansion of classroom space in impacted
public schools, including but not limited to, land acquisition for the
expansion of public school facilities and construction of new
schools and additions. The amount of the cash contribution shall
be $14,229.37 $10,000.00 per residential lot on the rezoned
property. The applicant/owner agrees to make the proffered cash
contribution prior to final subdivision plan approval for all residential
lots shown on such plan on a lot by lot basis as residential building
permits are issued. No such permit shall be issued prior to the
effective date of this ordinance. 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 School Capital Construction Costs and shall be subject to
City Council approval prior to appropriation. In the event the cash
proffer is not expended for land acquisition or classroom expansion
within time constraints imposed by state law, the applicant/owner
agrees that the cash proffer may be used for capital improvement
projects for major repair, maintenance and renovation of public
schools in the same school planning area as the rezoned property.
b. The applicant/owner agrees to make a cash contribution to the City
of Chesapeake for capital improvements to public arterial and
collector streets within the traffic shed impacted by the rezoning,
including but not limited to, right-of-way acquisition, road design,
road construction, project management, widening, paving, striping,
adding turn lanes, adding acceleration or deceleration lanes,
installing or adjusting traffic control devices, installing curb and
gutter, making ditch and shoulder improvements, and constructing
or improving roadside drainage facilities. The amount of the
voluntary cash contribution shall be $1,240.00 per residential lot.
The cash contribution shall be in addition to any required or
voluntary road improvements. The applicant/owner agrees to make
the proffered cash contribution prior to final subdivision plat
approval for single-family residential lots shown on such plat.
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b. c. The applicant/owner agrees to make a cash contribution to the City
of Chesapeake for capital improvements to public libraries,
including but not limited to, land acquisition; design, construction,
expansion, renovation, and repair of buildings and appurtenances;
and acquisition of capital assets necessary to the operation of
public libraries. The amount of voluntary cash contribution shall be
$949.03 per residential lot. The applicant/owner agrees to make
the proffered cash contribution prior to final subdivision plat
approval for single-family residential lots shown on such plat on a
lot by lot basis as residential building permits are issued. No such
permit shall be issued prior to the effective date of this ordinance.
c. d. The applicant/owner agrees to make a cash contribution to the City
of Chesapeake for capital improvements to public emergency
service facilities, including but not limited to, land acquisition; design,
construction, expansion, renovation, and repair of buildings and
appurtenances; and acquisition of capital assets necessary to the
provision of emergency fire and medical services to the citizens of
Chesapeake. The amount of the voluntary cash contribution shall
be $642.34 per residential lot. The applicant/owner agrees to make
the proffered cash contribution prior to final subdivision plat approval
for single-family residential lots shown on such plat on a lot by lot
basis as residential building permits are issued. No such permit shall
be issued prior to the effective date of this ordinance.
7. The owner/applicant agrees that it shall dedicate as public right-of-way
that property generally depicted on the rezoning exhibit as “Future
Southeastern Expressway” to the City of Chesapeake. Such dedication
shall occur by deed and plat and accomplished concurrently with the
recordation of the first subdivision plat creating residential lots. The area
dedicated is not intended for recreational use and as such shall be posted
to prevent trespassing.
8. a. The owner/applicant agrees that in conjunction with this rezoning
R(C)-05-05 REV, road improvements shall be substantially
completed, as reasonably determined by the Director of Public
Works or designee before the City acceptance of any subdivision
improvements. Additionally, the owner/applicant agrees that the
road improvements shall be designed and constructed in
accordance with the requirements and specifications as they are
set forth in the Subdivision Ordinance and Public Facilities Manual.
The road improvements shall be designed, constructed, and
dedicated as follows:
(1) Eastbound right turn lanes from Butts Station Road into the
proposed development access points.
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(2) Westbound left turn lanes from Butts Station Road into the
proposed development access points.
(3) Right turn lane from Elbow Road onto Butts Station Road.
(4) The owner/applicant recognizes that the road improvements
listed above may require the acquisition of off-site right-of-
way dedication. Off-site right-of-way acquisition shall be
provided in accordance with Public Works requirements.
b. The applicant/owner shall design and install a traffic signal at Butts
Station Road/Elbow Road/site entrance intersection, in accordance
with the policies and specifications of the Department of Public
Works. The cost of designing, producing and installing the traffic
signal shall be bonded prior to the recordation of a final subdivision
plat for all or any portion of the property subject to this application
R(C)-05-05 REV. The applicant/owner shall install the traffic signal
in accordance with approved timing and sequencing plans within six
(6) months of receipt of the issuance of a notice to proceed from the
Department of Public Works.
c. The owner/applicant agrees that it shall dedicate one-half of the
ultimate 120’ right-of-way on Butts Station Road along that frontage
owned by the owner/applicant.
9. The owner/applicant agrees that the total number of residential dwellings
resulting from this development shall not exceed 185 190 until such time
as City Council approves a subsequent amendment to this proffer
provision. The owner/applicant further agrees that it shall phase its
development such that no more than 60 building permits for residential
dwellings shall be issued within any 12 month period as measured from
the date of the first such building permit issued. This proffer shall not
apply to model homes for the length of time that such dwellings are used
exclusively for that purpose.
10. a. The applicant/owner agrees that any and all wells shall draw
groundwater from an aquifer shown to be free of contamination, as
evidenced by a Phase I ESA, Phase II ESA, a Site Characterization
Report, and/or Corrective Action Plan. Any and all wells on the
subject property shall be approved by, and subject to the
specifications of, the Chesapeake Health Department.
b. All potable and non-potable uses of the shallow groundwater are
prohibited on the subject property. The term “shallow groundwater”
as it applies to this proffer is defined as the uppermost unconfined
groundwater aquifer.
c. The applicant and the owner of the property shall ensure that full
written disclosure of the proximity of the Elbow Road Farm
(Thrasher) Landfill, located north of this subdivision, is included in
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(i) the notes on all recorded subdivision plats, (ii) all initial contracts
for purchase of lots by builders and first occupants, and (iii) all
deeds of conveyance, restrictive covenants, and homeowner
association documents. The disclosure shall read as follows:
“The Elbow Road Farm (Thrasher) Landfill is located north of this
subdivision. The existing Landfill was approved by issuance of a
conditional use permit by the Chesapeake City Council and by the
issuance of a permit for construction and demolition, debris landfill
by the Virginia Department of Environmental Quality (DEQ). DEQ
has also issued a permit for the future expansion of the Landfill. If
implemented, the expansion will allow the operation of the Landfill
to continue until the year 2018. Properties in the vicinity of the
landfill may be affected by noise, dust and odors normally
associated with the operation of a landfill. In addition, DEQ has
required water quality monitoring for this Landfill due to potential
impacts on Properties in this vicinity. Any questions regarding the
Landfill, the DEQ permits, the water quality monitoring tests,
groundwater quality, or surface water quality should be directed at
the DEQ.”
“The Elbow Road Farm (Thrasher) Construction and Demolition
Debris Landfill is located north of this subdivision. The existing
landfill was approved by issuance of a conditional use permit by
the Chesapeake City Council and by the issuance of a permit
for a construction and demolition debris landfill by the Va. Dept.
of Environmental Quality (DEQ). DEQ has also issued a permit
for the future expansion of the landfill. If implemented, the
expansion will allow the operation of the landfill to continue until
the year 2018. In addition, DEQ has required water quality
monitoring for this landfill over an extended period of time in
order to insure compliance with state standards in this regard.
Any questions regarding the landfill, the DEQ permits, the water
quality monitoring tests, groundwater quality or surface water
quality should be directed to the DEQ”.
The applicant and the owner shall be fully responsible for ensuring that
this language, as well as the provisions outlined in aforementioned proffer
10.a. and 10.b., are included in the instruments described above. The
applicant and the owner acknowledge that the City is under no duty to
inspect or review contracts, deeds, restrictive covenants, homeowner
association documents and other recorded instruments. It is further
acknowledged and agreed by the applicant and owner that the duty of
ensuring compliance appropriately lies with the parties responsible for the
August 18, 2009
- 14 -
development, construction, and marketing of the subdivision, e.g., owners,
subdivider, developers, builders, realtors, and sellers.
11. The owner/applicant agrees that it shall extend a 12 inch City waterline
within the Butts Station Road right-of-way in an easterly direction to the
entrance of the existing Vance Level subdivision. The owner/applicant
further agrees that it shall install City water services to all residential lots
within the Vance Level subdivision up to and including the water meters.
Such waterline extensions shall be accomplished in accordance with plans
to be approved by the Directors of Public Utilities and Public Works. Such
improvements shall be completed prior to recordation of the 150th
residential lot in the proposed “Hilltop Terrace” Albemarle River (RC-05-
05) REV subdivision.
Council Member Willis stated that the project did nothing to relieve the
overcrowding at Oscar Smith High School. Ms. Willis aired her concerns about
the removal of notification to adjacent property owners next to the proposed
landfill. Council Member Willis asked Mr. Bradford to clarify the proffer amount
for schools. Mr. Bradford stated that the last continuance had been requested to
amend the proffer amount from $10,000 to $14,000 per household. He noted
that the proffer had been removed for roads and a land dedication had been
offered in its place. Council Member Willis questioned what would happen if the
Southeastern Parkway was not built. Mr. Bradford stated that the land would be
a Public Works right-of-way and would remain in the City’s possession.
Mayor Krasnoff commented that the project had been previously
continued to allow the applicant the opportunity to make the proffers whole. That
had been done and the project could move forward.
Council Member Ward expressed appreciation to the applicant for
increasing the proffers for schools and noted her support for the application.
Council Member Ritter stated that she could not support the application.
She shared her concerns with the change in the collection of proffers. Council
Member Ritter noted that she did not agree with the “NO TRESPASSING” signs
and not allowing any recreation in the dedicated right-of-way area and
commented about the change in notification to property owners near the
proposed landfill.
There was no further discussion.
On the motion to approve R(C)-05-05 (REV 2/09) with the proffer
statement dated July 29, 2009, voting yes: Council Members Collins, de Triquet,
Krasnoff, Parker, Ward, and West.
Voting no: Council Members Ritter and Willis. (Council Member Hayes
excused)
August 18, 2009
- 15 -
#09-O-102 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING
ORDINANCE TO PROVIDE FOR THE CONDITIONAL REZONING
APPLICATION TO REVISE THE PROFFERS REGARDING DESIGN OF THE
UNITS LAYOUT OF THE SUBDIVISION AMOUNT AND TIMING OF PAYMENT
OF CASH PROFFERS AND DISCLOSURE LANGUAGE REGARDING THE
NEARBY LANDFILL LOCATED ON THE SOUTHSIDE OF BUTTS STATION
ROAD AT ITS INTERSECTION WITH ELBOW ROAD AND IMMEDIATELY
EAST OF GREYSTONE SUBDIVISION IN THE WASHINGTON BOROUGH
(R(C)-05-05 (REV 2/09))
C. R(C)-09-03 PROJECT: Willowview APPLICANT: DBO Properties, LLC
PROPOSAL: A conditional zoning reclassification of approximately 3.5 acres
from A-1, Agricultural District (1.7 acres) and R-15, Residential District (1.8
acres) to R-MF-1, Multifamily Residential District (3.12 acres) and R-15,
Residential District (0.38 acres) ZONE: A-1, Agricultural District and R-15,
Residential District ROPOSED COMP LAND USE / DENSITY: Medium density
residential EXISTING COMP LAND USE / DENSITY: Business/commercial and
low density residential LOCATION: 1213 Kempsville Road TAX MAP
SECTION/PARCEL: 0380000001170 BOROUGH: Washington. (This item was
continued from the July 21, 2009 City Council Meeting)
The Planning Commission recommends approval with the following
proffers:
1. The owner/applicant agrees that the subject property shall be
developed substantially as shown on the “Willowview Conceptual Site
Plan” stamp dated April 6, 2009, (hereinafter, the Concept Plan),
prepared by Land Planning Solutions. No more than twenty-two
residential dwelling units shall be constructed on the subject property.
Residential Units shall only be single-family detached condominiums.
2. The owner/applicant agrees that stormwater shall be treated on-site
by means of the proposed stormwater management facility as
shown on the exhibit titled “Willowview – Conceptual Site Plan”,
prepared by Land Planning Solutions, stamp dated April 6, 2009,
and that no stormwater shall be discharged into the existing
Hunningdon Lakes or The Commons II stormwater facility in
accordance with the requirements of the Director of Public Works or
designee. The owner/applicant further proffers that in order to
improve water quality and enhance the appearance of the facility;
an aeration system shall be installed in the storm water facility as
approved by the Director of Public Works or designee before
approval of a certificate of occupancy.
3. The applicant/owner agrees to prepare for the approval by the City
Arborist or designee a tree preservation plan to preserve healthy
trees on the subject property adjacent to the Hunningdon Woods
August 18, 2009
- 16 -
and the Commons II subdivision in consultation with both the
Hunningdon Woods and the Commons II homeowners’
associations and representatives. The plan shall provide for the
removal of nuisance, diseased or dying trees and for the
preservation of healthy trees during construction, to the extent
practical, as approved by the City Arborist or designee and shall be
completed before approval of the building permit.
The applicant/owner agrees to install and maintain a 6 foot privacy
fence of cedar or pressure treated wood along the property’s
northern and western property line. The owner/applicant agrees to
install a temporary 4’ tall chain link fence along the northern
property line during construction as approved by the Zoning
Administrator and installed before land disturbing commences and
shall be removed after two weeks notice to adjacent property
owners. The existing fence along the western property boundary
shall serve as a temporary fence until the permanent fence can be
installed. The permanent fences shall be installed immediately
after removal of the temporary and existing fences.
In addition, the applicant/owner agrees to plant and maintain an
enhanced buffer yard C (with 30 percent more plantings) which will
include evergreen plant material to reach 20 feet in height. The
applicant shall review the landscaping plan(s) with the Hunningdon
Woods Civic League prior to final approval by the City Arborist.
The enhanced buffer yard shall be planted on the Willowview side
of the fence. In addition, street trees shall be planted and
maintained as indicated on the conceptual site plan as approved by
the City Arborist or designee.
4. The owner/applicant agrees that the property will be developed as
a single-family detached condominium development and that
appropriate by-law, articles of incorporation, covenants and/or deed
restrictions, if applicable, shall be recorded to govern the
maintenance and operation of the homeowner’s association. This
shall also include the establishment of an architectural review board
to promulgate architectural standards for review of exterior
modifications and maintenance. The owner/applicant further
agrees that the development will be set up and professionally
managed by a property management company.
5. The owner/applicant agrees that the residential units shall be
constructed to avoid look down situations from 2nd story windows
into the Hunningdon Woods and The Commons II subdivisions.
For those 2nd story windows facing Hunningdon Woods and The
Commons II opaque windows and semi-opaque windows shall be
August 18, 2009
- 17 -
used. Transom windows that are not opaque or semi-opaque may
be utilized, on the 2nd floor provided that the bottom of the window
sill is no closer to the finished floor than 5’6” as approved by the
Planning Director of designee. In addition 2nd floor balconies shall
be prohibited on all homes to be constructed within the proposed
project.
6. The owner/applicant agrees that the proposed dwellings shall be
constructed substantially in accordance with the elevations
exhibited to City Planning Staff and prepared by Land Planning
Solutions, stamp dated April 6, 2009, as approved by the Planning
Director or designee.
7. The applicant/owner agrees to construct and design a right turn
taper with necessary right-of-way along Kempsville Road into the
development in accordance with the Department of Public Works
requirements. These improvements shall be completed and right of
way dedicated, if applicable, as determined by the Director of
Public Works or designee before the issuance of the first certificate
of occupancy.
8. The owner/applicant agrees to make a cash contribution to the City
of Chesapeake for capital improvements to impacted schools,
including but not limited to, land acquisition for the expansion of
public school facilities and construction of new schools and
additions. The amount of the voluntary cash contribution shall be
$6,000.00 per single-family condominium unit on the rezoned
property, for a total of $132,000.00, for 22 units for impacts on
public schools. The amount of the voluntary cash contribution shall
be paid to the city at the time that each building permit is issued for
the project. 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 School Capital Construction Costs, and shall be subject to City
Council approval prior to appropriation. In the event the cash proffer
is not expended for land acquisition or capital improvement within
time constraints imposed by state law, the owner/applicant agrees
that the cash proffer may be used for the capital improvement
projects for major repair, maintenance, and renovation of public
schools in the same school planning area as the rezoned property.
9. The owner/applicant agrees to make a cash contribution to the City
of Chesapeake for capital improvements to public libraries,
including but not limited to, land acquisition; design, construction,
expansion, renovation, and repair of buildings and appurtenances;
and acquisition of capital assets necessary to the operation of
August 18, 2009
- 18 -
public libraries. The amount of the voluntary cash contribution shall
be $701.45 per single-family condominium unit on the rezoned
property, for a total of $15,431.90, for 22 units, for impacts on
public libraries. The owner/applicant agrees to make the proffered
cash contribution at the time that each building permit is issued for
the project.
10. The applicant/owner agrees to make a cash contribution to the City
of Chesapeake for capital improvements to the public emergency
service facilities including but not limited to land acquisition; land
design, construction, expansion, renovation, and repair of buildings
and appurtenances; and acquisition of capital assets necessary to
the provision of emergency fire and medical service facilities. The
amount of the voluntary cash contribution shall be $642.34 per
single-family condominium unit on the rezoned property, for a total
of $14,131.48, for 22 units for impacts on emergency services. The
applicant/owner agrees to make the proffered cash contribution at
the time that each building permit is issued for the project.
11. The applicant/owner agrees to make a cash contribution to the City
of Chesapeake for capital improvements to public works with in the
Greenbrier Planning District for public roads for the increase in
dwelling units above the current zoning. The amount of the
voluntary cash contribution shall be $1,240 per single-family
condominium on the rezoned property, for a total of $27,280 for 22
units. The applicant/owner agrees to make the proffered cash
contribution before final site plan approval.
12. The applicant/owner agrees that the residential buildings shall
conform to the following:
a. All front elevations shall be landscaped with the same quality
and quantity of landscaping material as determined by the
City Arborist or designee. Foundation plantings to include
shrubs shall be planted along the length of the front façade.
b. All home foundations shall be either raised slab or crawl
space construction.
c. Stoops and exposed foundation on all sides shall be treated
with masonry finish (brick or stone only). Stoops shall be
treated with the same masonry as the skirts on an individual
house.
d. Brick, wood, vinyl and natural stone shall only be used for
exterior walls.
e. All siding, whether wood or vinyl, must have a minimum five-
inch (5") lap or course, with 5/4" x 6" on the front corner trim
and 5/4" x 4" corner trim on the rear. Twin four-inch (4")
August 18, 2009
- 19 -
siding is prohibited. Roofing material shall be architectural
shingles.
f. Minimum heated living area shall be 1700 sq ft with a
minimum of a one car garage and two paved parking spaces
adjacent to each unit in accordance with the requirements of
the Zoning Ordinance.
City Clerk Moore identified the following speakers in support of Public
Hearing Item (C):
David Oglesby, 2313 Mariners Mark Way, Virginia Beach, representing
Willowview.
Council Member West, on a motion seconded by Council Member Parker,
moved approval of R(C)-09-03 with proffers, as presented.
There was discussion between Council Member Willis and Mr. Oglesby
about the amount of proffers offered by the City, overcrowded schools in the
proposed area, style of units and the opaque glass windows on the second floors
of the units.
Council Member Ward noted her concerns with the amount of proffers
offered for schools. Mr. Oglesby responded by noting that the numbers indicate
that the project would only produce two students and that increasing the proffer
amount would make for a more expensive home. Ms. Ward advised that it was
her understating that if there were rental restrictions, the Veterans’ Administration
(VA) would not approve financing. Mr. Oglesby stated that was correct.
Council Member West explained that the Condominium Association could
limit the number of rental units. Mr. Oglesby confirmed that once the units were
sold and turned over to the Condominium Association, the Association members
could vote to have the number of rental units restricted.
There was no further discussion.
On the motion to approve R(C)-09-03 with proffers, as presented, voting
yes: Council Members Collins, Parker, Ward, and West.
Voting no: Council Members de Triquet, Krasnoff, Ritter and Willis
(Council Member Hayes excused)
Motion to approve failed on a tie vote.
August 18, 2009
- 20 -
D. R(C)-09-05 PROJECT: 1756 Mount Pleasant Road. APPLICANT:
David and Sharay Hunt,. AGENCY: RWE Engineers. PROPOSAL: A
conditional zoning reclassification of 1.7 acres of a 18.412± acre parcel from
R-15s, Residential District to A-1, Agricultural District. PROPOSED COMP
LAND USE / DENSITY: Rural. EXISTING COMP LAND USE / DENSITY:
Rural. LOCATION: 1756 Mount Pleasant Road. TAX MAP
SECTION/PARCEL: A portion of 0500000000540. BOROUGH: Butts Road.
The Planning Commission recommends approval with the following
proffers:
1. The owner/applicant agrees that all development associated with
the tree service business (SIC #0783) shall be setback at least 250
feet from the front property line adjacent to Mount Pleasant Road.
2. The owner/applicant agrees that all development associated with
the tree service business (SIC #0783) shall be buffered from the
views from Mount Pleasant Road and adjacent properties on the
south, east and west sides. Existing vegetation shall be utilized and
supplemented where necessary with new evergreen plant material
that shall be a minimum of 4 feet in height and located on 10 foot
centers at the time of installation. All new plant materials shall be
installed prior to the issuance of a Certificate of Occupancy.
3. The owner/applicant agrees that this rezoning is conditioned on
obtaining approval from the Chesapeake Health Department,
Department of Environmental Quality or the City of Chesapeake if a
conditional use permit is required for a sewerage disposal system
or systems to serve the subject property within three (3) years
following the effective date of this rezoning in order to comply with
the Level of Service Policy for sewer capacity. In the event that the
Zoning Administrator finds that the applicant/owner fails to obtain
such approval within the said three-year period, the owner/applicant
agrees that the rezoning shall be placed on the City Council
agenda for reconsideration and possible revocation on grounds of
inadequate sewage capacity.
City Clerk Moore stated that the agents were present and available for
questions.
Council Member Collins, on a motion seconded by Council Member Ward,
moved approval of R(C)-09-05 with proffers, as presented.
There was no discussion.
On the motion to approve R(C)-09-05 with proffers, as presented, voting
yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West
and Willis.
Voting no: None (Council Member Hayes excused)
August 18, 2009
- 21 -
#09-O-103 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING
ORDINANCE TO PROVIDE FOR THE CONDITIONAL ZONING
RECLASSIFICATION OF APPROXIMATELY 1.7 ACRES OF AN 18.412+
ACRE PARCEL LOCATED AT 1756 MOUNT PLEASANT ROAD IN THE
BUTTS ROAD BOROUGH, FROM R-15s RESIDENTIAL DISTRICT TO A-1
AGRICULTURAL DISTRICT (R(C)-09-05)
E. R(C)-09-02 PROJECT: King’s Pointe at Western Branch. APPLICANT:
Dragas Associates, Inc. AGENCY: The Dragas Companies. PROPOSAL: A
conditional zoning reclassification of 52.75 acres from R-15s, Residential District
to R-MF-1, Multi-family Residential District to allow 430 condominium units.
ZONE: R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY:
Medium Density Residential. EXISTING COMP LAND USE / DENSITY:
Business/Commercial. LOCATION: North side of Gum Rd approximately 625
feet northwest of the Gum Rd/Portsmouth Blvd. intersection. TAX MAP
SECTION/PARCELS: 0090000001250, 0150000001770, portion of
0090000000120. BOROUGH: Western Branch.
The Planning Commission recommends approval with the following
proffers:
1. The applicant/owners agree to make public right away dedications
and/or improvements which shall be reflected on the final site plan
as required by the Public Works Director or designee. The
applicant/owners agree that these improvements shall include the
following:
a. The perpetual dedication of a 93’ right-of-way, which will be
provided at no cost to the City, for the ultimate construction
and extension of Elizabeth Harbor Drive. The location of this
dedication shall be approximately as shown on the
conceptual site plan dated March 9, 2009, and titled “King’s
Pointe at Western Branch Conceptual Site Plan”. The
dedication made pursuant to this proffer shall be submitted
within 60 days following final site plan approval.
b. The perpetual dedication of a 35-foot width of property,
which will be provided at no cost to the City, for right of way
along the site’s frontage on Gum Road as depicted on the
King’s Pointe at Western Branch Preliminary Site Plan
(Dated March 16, 2009). The dedication made pursuant to
this proffer shall be submitted within 60 days of City Council
Approval of this Rezoning.
c. The applicant/owner agrees that it shall construct the
following improvements within the existing, City owned, right
of way, prior to the issuance of the building permit that will
August 18, 2009
- 22 -
exceed 120 units, at the intersection of Portsmouth
Boulevard and Gum Road:
(1) An additional left turn lane (dual left turn lane) on
eastbound Portsmouth Boulevard with geometry and
length as specified in the Public Facilities Manual
(PFM) and in a manner acceptable to the Director of
Development and Permits .
(2) An additional lane, northbound on Gum Road, to
receive traffic from the additional turn lane (on
eastbound Portsmouth Boulevard). The geometry
and length to be determined in accordance with the
PFM in a manner acceptable to the Director of
Development and Permits.
(3) An additional southbound full length right turn lane
with taper from Gum Road onto Portsmouth
Boulevard westbound, with geometry and length as
specified in the PFM in a manner acceptable to the
Director of Development and Permits .
(4) A traffic signal plan design (for the intersection of
Portsmouth Boulevard and Gum Road) to be
submitted to the Director of Development and Permits
for approval. The applicant/owner shall provide all
traffic signal and intersection improvements as
necessary to accommodate the additional lanes.
2. The applicant/owner agrees that the community shall be
constructed in substantial conformance, as determined by the
Director of Planning or designee, with the layout shown on the
conceptual site plans dated March 9, 2009, and titled “King’s Pointe
at Western Branch Conceptual Site Plan”.
3. The applicant/owner agrees that the architectural design of the
residential structures shall be substantially similar, as determined
by the Director of Planning or designee, to the architectural
renderings dated March 9, 2009 and titled “King’s Pointe North
Architectural Elevations” and “King’s Pointe South Architectural
Elevations”. The applicant/owner agrees to have the building
architectural plans/elevations approved by the Planning Director or
designee prior to final site plan approval.
4. The applicant/owner agrees to develop the community entrance
locations substantially similar to the entrance rendering dated
March 9, 2009 and titled “King’s Pointe at Western Branch Entry
Perspectives”.
August 18, 2009
- 23 -
5. The applicant/owner agrees that the portion of the property
designated as “Out Parcel, Future Commercial, 4.20 AC.” and
shown on the Conceptual Site Plan dated March 9, 2009, shall not
be developed for residential purposes. Further, the applicant/owner
agrees that curb access to Gum Road shall not be permitted to this
portion of the property.
6. The applicant/owner agrees to include language within the initial
Public Offering Statement for the King’s Pointe at Western Branch
Condominium Documents that will apprise future buyers of the
intent for the property designated as “Out Parcel, Future
Commercial, 4.20 AC” to be developed for non-residential use, prior
to the issuance of the first certificate of occupancy.
7. The applicant/owner agrees that the portion of the property
designated as “13.7 Acres of Preserved Forestation” and shown on
the Conceptual Site Plan dated March 9, 2009, shall perpetually
remain as a conservation area, preserved in their natural state and
undisturbed into perpetuity.
City Clerk Moore identified the following speakers in support of Public
Hearing Item (E):
Helen Dragas, 4538 Bonney Road, Virginia Beach, representing Dragas
Company.
Nick Baum, 600 Sabal Palm Lane, representing Dragas Company.
Robert G. MacDonald, 620 Cedar Road, representing an adjacent
property owner, Mr. Eddie Russell.
Peggy Heimann, 999 Waterside Drive, Norfolk, representing Happy
Boxes, LLC.
Taneshia Nettingham, 5317 Warminster Drive, Virginia Beach,
representing self.
Fred Braswell, 5304 Warminster Drive, Virginia Beach, representing self.
Kathleen Kramer, 5212 Nuthall Drive, Virginia Beach, representing self.
City Clerk Moore identified the following speakers in opposition to Public
Hearing Item (E):
Dolive T. Durant, 4025 Scotfield Drive, representing self.
Bill Garrett, 4026 Scotfield Drive, representing self.
Council Member Collins, on a motion seconded by Council Member Ward,
moved approval of R(C)-09-02 with proffers, as presented.
There was brief discussion between Council Member Collins and Director
of Development and Permits Jay Tate concerning the Level of Service (LOS) and
the addition of turn lanes proposed for the project. Mr. Tate advised Mr. Collins
that the LOS would be maintained with the additional turn lanes.
Council Member Ward invited Ms. Dragas back to the podium for
questions.
August 18, 2009
- 24 -
Council Member Ward asked Ms. Dragas to address firewalls between the
units. Ms. Dragas informed Council Member Ward that all adjoining units would
have fire-rated firewalls between them and would meet all City fire codes.
Additional discussion ensued concerning the proposed traffic lights and traffic
cycles. Ms. Dragas advised that as soon as the project was approved, they were
ready to start construction of the duel turn lanes.
There was discussion between Council Member Ritter and Mr. Tate on
previously approved road proffers that had not been completed due to their
timing and intensity. Council Member Ritter requested assurance that previously
approved proffers would be captured. Mayor Krasnoff suggested that Council
Members address that issue under Old and New Business.
Additional discussion ensued between Council Member Ritter and Ms.
Dragas concerning the price of the homes and if they were considered affordable
housing. Ms. Dragas informed Ms. Ritter that the prices of the homes would
range between $175,000 - $220,000 and would be considered affordable
housing for young professionals.
Council Member Willis stated her support for the application. This project
was affordable and would help support the retail businesses in the Western
Branch area.
There was no additional discussion.
On the motion to approve R(C)-09-02 with proffers, as presented, voting
yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West
and Willis.
Voting no: None (Council Member Hayes excused)
#09-O-104 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING
ORDINANCE TO PROVIDE FOR THE CONDITIONAL REZONING OF
APPROXIMATELY 52.75 ACRES OF LAND LOCATED ON THE NORTH SIDE
OF GUM ROAD APPROXIMATELY 625 FEET NORTHWEST OF THE GUM
ROAD/PORTSMOUTH BOULEVARD INTERSECTION IN THE WESTERN
BRANCH BOROUGH, FROM R-15s RESIDENTIAL DISTRICT TO R-MF-1
MULTI-FAMILY RESIDENTIAL DISTRICT TO ALLOW 430 CONDOMINIUMS
(R(C)-09-02)
Vice Mayor de Triquet was excused at 9:28 p.m.
F. UP-09-07 PROJECT: King’s Pointe at Western Branch. APPLICANT:
Dragas Associates, Inc. AGENCY: The Dragas Companies. PROPOSAL: A
conditional use permit to allow buildings exceeding the height limit of 35 feet to
be constructed up to 45 feet in height. ZONE: R-MF-1, Multi-family Residential
District (proposed in R(C)-09-02). SIC CODE: N/A. LOCATION: North side of
Gum Rd approximately 625 feet northwest of the Gum Rd/Portsmouth Blvd
intersection. TAX MAP SECTION/PARCELS: 0090000001250,
0150000001770, portion of 0090000000120. BOROUGH: Western Branch.
August 18, 2009
- 25 -
The Planning Commission recommends approval with the following
stipulations:
1. Approval of this Conditional Use Permit is contingent on approval of
R(C)-09-02.
2. The applicant/owner agrees that no building shall exceed 45 feet in
height.
3. The applicant/owner agrees that this height variance shall only
apply to those buildings shown as 18 unit or 24 unit buildings on the
conceptual site plans dated March 9, 2009 (stamp dated August 3,
2009), and titled “King’s Pointe at Western Branch Conceptual Site
Plan”.
City Clerk Moore identified the following speaker in opposition to Public
Hearing Item (F):
Bill Garrett, 4026 Scotfield Drive, representing self.
Council Member Collins, on a motion seconded by Council Member Willis,
moved approval of UP-09-07 with stipulations, as presented.
Council Member Willis noted her support for the application.
There was no additional discussion.
On the motion to approve UP-09-07 with stipulations, as presented, voting
yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward, West and Willis.
Voting no: None (Council Members de Triquet and Hayes)
G. UP-09-13 PROJECT: New Mount Olive Baptist Church. APPLICANT:
Walter Mitchell AGENCY: WPL PROPOSAL: A conditional use permit for the
expansion of an existing church with two new buildings and a larger parking lot.
ZONE: R-15s, Residential District SIC CODE: 8661 LOCATION: 662
Fernwood Farms Road TAX MAP SECTION/PARCEL: 0360000000630
BOROUGH: Washington.
The Planning Commission recommends approval with the following
stipulations:
1. The materials used for the church will be the same as those
described and illustrated in the elevation submitted on June 17,
2009.
2. A 30’ drainage easement will be required across the northern
property line to facilitate an existing public drainage ditch. Such
easement shall be depicted on the final site plan.
City Clerk Moore stated that the agent was present and available for
questions.
August 18, 2009
- 26 -
Council Member Parker, on a motion seconded by Council Member West,
moved approval of UP-09-13 with stipulations, as presented.
There was no discussion.
On the motion to approve UP-09-13 with stipulations, as presented, voting
yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward, West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
H. UP-09-09 PROJECT: Outdoor Flea Market, Southgate Shopping Center.
APPLICANT: Robin Barry. PROPOSAL: A conditional use permit to operate
an outdoor flea market in the rear of the Southgate Shopping Center. ZONE:
B-2, General Business District. SIC CODE: 5999. LOCATION: 2309
Bainbridge Blvd. TAX MAP SECTION/PARCEL: a portion of 1390000001910.
BOROUGH: South Norfolk. (This item was continued from the July 21, 2009
City Council Meeting)
Planning Commission recommends denial.
City Clerk Moore identified the following speakers in support of Public
Hearing Item (H):
Glenn Hampton, 501 Independence Parkway, representing the applicant.
Robin Barry, 108 Rocky Top Road, Moyock, North Carolina, representing
The Flea Market at SoNo.
Jeanne Luse, 1002 Level Green Boulevard, Virginia Beach, representing
self.
Ruby Decker, 104 Arrowgrass Circle, Moyock North Carolina,
representing self.
Annette Lee, 1033 Livingston Avenue, representing self.
Linda Stennett, 6066 Clear Springs Road, Virginia Beach, representing
self.
Jane Drew, 1317 Ski Lodge Road, Virginia Beach, representing self.
Samuel Bloodworth, 512 Carnaby Court, Virginia Beach, representing self.
Rocky Pritchard, 2905 Morrison Place, representing self.
Debbie Heard, 159 S. Birthneck Road, Virginia Beach, representing self.
Jim Knapp, 3101 Egyptian Lane, Virginia Beach, representing self.
Lisa Slaughemhaupt, 564 Hillwell Road, representing self.
Ray Maness, 1119 Orville Avenue, representing self.
Jarrett Hamm, 1236 Decatur Street, representing self.
Jerry Shelton, 409 Justin Quay, representing self.
City Clerk Moore identified the following speakers in opposition to Public
Hearing Item (H):
Frank Lilley, 905 Ohio Street, representing self.
Gerry Johnson, 1016 Redstart Avenue, representing self.
August 18, 2009
- 27 -
Council Member Ritter, on a motion seconded by Council Member Parker,
moved to deny UP-09-09.
Council Member Willis asked Ms. Barry to the podium for questions.
There was discussion between Council Member Willis and Ms. Barry on
the name of the outdoor market, her current business at the Southgate Shopping
Center and how patrons would access the proposed outdoor market. They also
discussed the buffering for adjacent properties and the hours of operation for the
market.
Council Member Ritter, Planning Director Nielson and City Attorney
Hallman dialoged on hours of operation, fire equipment access at the site, the
additional stipulations offered for the project and City staff’s recommendation of
denial.
Mayor Krasnoff called Mr. Hampton back to the podium for comments.
Mr. Hampton stated that the applicant was trying to get people coming back into
the South Norfolk area. The applicant had obtained signatures of support from
the South Norfolk Civic League and adjoining neighbors. Mr. Hampton advised
that he and the applicant had worked with the City Attorney’s office to address
noise, waste, odor, landscaping, traffic, parking, hours of operation, security, the
name of the outdoor operation, and a one-year test period of the operation.
There was no additional discussion.
On the motion to deny UP-09-09, voting yes: Council Members Collins,
Krasnoff, Parker, Ritter, Ward, and West.
Voting no: Council Member Willis (Council Members de Triquet and
Hayes excused)
I. CP-09-01 Resolution to amend the 2026 Comprehensive Plan to assign
to the Department of Development and Permits certain duties under the planning
and land use level of service policies and the proffer policy formerly assigned to
the Department of Public Works.
Planning Commission recommends approval of the version dated June
18, 2009.
City Clerk Moore stated there were no speakers on the item.
Council Member Ward, on a motion seconded by Council Member Parker,
moved approval of CP-09-01, version dated June 18, 2009, as presented.
There was no discussion.
On the motion to approve CP-09-01, version dated June 18, 2009, as
presented, voting yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward,
West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
August 18, 2009
- 28 -
J. CP-08-01 Resolution to amend the policies and maps of the 2026
Comprehensive Plan for the City of Chesapeake to expand the public utility
franchise area for public water service to existing lots fronting on Murray Drive
and portions of Whittamore Road and Centerville Turnpike.
Planning Commission recommends approval of the version dated June
18, 2009 with the following conditions:
1. The expansion shall be for water service only.
2. The expansion shall not include any properties created by
subdivision after the date of this approval.
City Clerk Moore stated there were no speakers on the item.
Council Member Ward, on a motion seconded by Council Member West,
moved approval of CP-08-01, version dated June 18, 2009, as presented.
Council Member Willis confirmed that the Resolution was for expansion of
water service only properties located within that specific area.
Council Member Ritter asked if the resolution was to expand the franchise
area. City Attorney Hallman stated that was correct. Ms. Ritter asked if this was
a City project. Mr. Hallman stated it was with funding from Dominion Virginia
Power up to $6 million.
There was no further discussion.
On the motion to approve CP-08-01, version dated June 18, 2009, as
presented, voting yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward,
West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
K. City Manager Reports
City Manager Harrell updated Council Members on the progress of the
Jordan Bridge and advised of the change in the City’s financial advisor
representative from Mr. Darryl Hill to Mr. Sean Ekiert of BB & T Capital Markets.
COMMITTEE REPORTS
Mayor Krasnoff called on Council Members for Committee Reports.
Council Member Ritter asked Director of Development and Permits, Jay
Tate, to the podium and discussed approved proffers and the equity issue of
work being performed by applicants versus offering monetary proffers. City
Attorney Hallman and Mr. Tate will meet on the issue.
Council Member Ward reviewed a packet of information on Indian River
High School improvements.
OLD AND NEW BUSINESS
Council Member Parker thanked City Manager Harrell for responding to
the City employees on the bi-weekly pay issue and keeping Council Member
informed on the issue.
August 18, 2009
- 29 -
Council Member Ward advised of her recent attendance at the Camelot
Civic League meeting where drainage issues and the Community Center
expansion were discussed. City Manager Harrell stated that he would contact
the Civic League leaders.
CERTIFICATION OF CLOSED SESSION HELD AT 4:00 P.M.
City Attorney Hallman 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 were
discussed and only such public business matters as were identified in the
motions convening the meeting were heard, discussed or considered by the City
Council.”
Council Member Parker, on a motion seconded by Council Member Ward,
moved approval of the Certification of the Closed Session discussion held at 4:00
p.m.
There was no discussion.
On the motion for approval of the Certification of the Closed Session
discussion held at 4:00 p.m., voting yes: Council Members Collins, Krasnoff,
Parker, Ritter, Ward, West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
REQUEST FOR CLOSED SESSION
City Attorney Hallman provided the following language for consideration of
the Closed Session topic: “to discuss a prospective business where no previous
announcement has been made of its interest in locating in the City, pursuant to
Virginia Code Section 2.2-3711A.5”
Council Member Collins, on a motion seconded by Council Member Ward,
moved approval of the request for a Closed Session.
There was no discussion.
On the motion for approval of the request for the Closed Session, voting
yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward, West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
CLOSED SESSION
City Council went into Closed Session at 10:54 p.m. They reconvened at
10:56 p.m.
CERTIFICATION OF CLOSED SESSION
City Attorney Hallman 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 were
discussed and only such public business matters as were identified in the
motions convening the meeting were heard, discussed or considered by the City
Council.”
August 18, 2009
- 30 -
Council Member Parker, on a motion seconded by Council Member Ward,
moved approval of the Certification of the Closed Session discussion.
There was no discussion.
On the motion for approval of the Certification of the Closed Session
discussion, voting yes: Council Members Collins, Krasnoff, Parker, Ritter, Ward,
West and Willis.
Voting no: None (Council Members de Triquet and Hayes excused)
BENEDICTION
Mayor Krasnoff called on Council Member Collins to offer the benediction.
ADJOURNMENT
There being no further business for consideration, the meeting was
adjourned at 10:57 p.m.
/dah
_________________________________
Mayor
Attest:
______________________________
City Clerk
City Council Work Session September 8, 2009
A Regular Work Session of the Chesapeake City Council was held September 8,
2009, at 4:45 p.m., in the City Hall Building, 306 Cedar Road.
Present: Council Member Bryan L. Collins (arrived at 5:00 p.m.)
Vice Mayor John M. de Triquet
Council Member C. E. “Cliff” Hayes, Jr.
Mayor Alan P. Krasnoff
Council Member S. Z. “Debbie” Ritter
Council Member Ella P. Ward
Council Member Richard “Rick” West
Council Member Patricia Pritchard Willis
Absent: Council Member Dwight M. Parker
Present from Administration: City Manager William Harrell, City Attorney Ronald
Hallman, Deputy City Manager Wanda Bernard-Bailey, Deputy City Manager Amar
Dwarkanath, Deputy City Manager Betty Jean Meyer, City Clerk Dolores Moore,
Planning Director Brent R. Nielson, Assistant Planning Director Karen E. Shaffer,
Planning Administrator Jaleh M. Shea, GIS Senior Analyst Rebecca Benz, Assistant to
the City Manager Anna D’Antonio and other staff members.
The Following Topics were discussed during the Work Session:
1) Review & Update of the 2026 comprehensive Plan
2) Council Member Reports
The Work Session adjourned at 5:40 p.m.
/smu
Regular Meeting of City Council September 8, 2009
A Regular Meeting of the Chesapeake City Council was called to order by Mayor
Alan P. Krasnoff on September 8, 2009 at 6:30 p.m., in the City Hall Building, 306
Cedar Road.
INVOCATION: Priest Dilip Shastri, Hindu Temple and Community Center with
Educator and Writer Kamlesh Kapur
PLEDGE OF ALLEGIANCE: Boy Scouts from Troops 777 and 378 with Troop
Mother, Ms. Sherry Huneault
ROLL CALL BY CLERK OF COUNCIL:
PRESENT: Council Member Bryan L. Collins
Vice Mayor John M. de Triquet
Council Member C. E. “Cliff” Hayes, Jr.
Mayor Alan P. Krasnoff
Council Member Dwight M. Parker
Council Member S.Z. “Debbie” Ritter
Council Member Ella P. Ward
Council Member Richard “Rick” West
Council Member Patricia Pritchard Willis
ABSENT: None
PRESENT FROM ADMINISTRATION: City Manager William Harrell, City
Attorney Ronald Hallman, Deputy City Manager Amar Dwarkanath, Deputy City
Manager Wanda Barnard-Bailey, Deputy City Manager Betty Jean Meyer, City Clerk
Dolores Moore and other staff members.
APPROVAL OF MINUTES
Mayor Krasnoff advised that the minutes of the November 18, 2008 Work
Session and Regular City Council Meeting were presented for approval.
Council Member Ward, on a motion seconded by Council Member Ritter, moved
approval of the minutes, as presented.
There was no discussion.
On the motion for approval of the November 18, 2008 Work Session and
Regular City Council Meeting minutes, as presented, voting yes: Council Members
Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, West, Ward, Willis.
Voting no: None
Mayor Krasnoff recognized Boy Scout Troop 303 with Scout Master Frank
Hovatter, chartered by St. Matthews School, Virginia Beach, Virginia, in attendance and
advised that the Scouts were working on their communications badge.
Mayor Krasnoff relinquished the gavel to Vice Mayor de Triquet.
PROCLAMATION – International Housekeepers Week, September 13-19, 2009
Mayor Krasnoff invited Executive Housekeeper Ralph Gainey to the podium to
receive the Proclamation. Mr. Gainey made brief comments and recognized the City
Housekeepers in attendance. Approximately 20 City Housekeepers stood for
recognition.
September 8, 2009
- 2 -
PROCLAMATION – National Alcohol and Drug Addiction Recovery Month,
September - 2009
Mayor Krasnoff asked Community Services Board Executive Director Joe
Scislowicz to come to the podium to accept the National Alcohol and Drug Addiction
Recovery Month Proclamation. Director Scislowicz was accompanied by Substance
Abuse and Addiction Recovery Alliance (SAARA) President Joe Battle and Interim
Services Administrator Christine Bradshaw. Brief comments were made by Director
Scislowicz and Mr. Battle concerning programs available to citizens dealing with
alcohol and drug issues and announced a picnic scheduled for September 13, 2009 at
Chesapeake City Park.
APPLICANTS’, AGENTS’, AND CITIZENS’ COMMENTS ON PUBLIC HEARING
ITEMS
City Clerk Moore stated that there were no speakers prior to the presentation of
the Non-Planning Public Hearing Item.
Vice Mayor de Triquet called on City Attorney Hallman for comments.
City Attorney Hallman requested that the item be withdrawn to allow additional
time for evaluation.
Non-Planning Public Hearing Item
A. RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY CLERK TO
EXECUTE A DEED OF GIFT FROM THE CITY TO THE CHESAPEAKE
REDEVELOPMENT & HOUSING AUTHORITY (CRHA) FOR CERTAIN
SURPLUS PROPERTY SITUATED IN THE PLYMOUTH PARK SUBDIVISION
ON POND LANE IN THE WASHINGTON BOROUGH OF THE CITY OF
CHESAPEAKE, VIRGINIA, KNOWN AS TAX PARCEL 0121002000001,
CONTAINING 4.711 ACRES, MORE OR LESS, TO BE USED FOR THE
DEVELOPMENT OF HOMES BY THE CRHA.
Vice Mayor de Triquet advised that City Attorney Hallman had requested
withdrawal of the item from consideration. Without objection, the item was withdrawn.
CITIZENS’ COMMENTS ON AGENDA ITEMS ONLY
City Clerk Moore identified two speakers, available for questions, in support of
Old and New Business Item (A).
David Oglesby, Jr., 2301 Kenstock Drive, Virginia Beach, Virginia, representing
R(C)-09-03 Willowview.
William M. Wright, 1421 Hunningdon Woods Blvd, representing Hunningdon
Woods Homeowners Association.
CONSENT AGENDA
City Clerk Moore read the Consent Agenda Items into the record.
Mayor Krasnoff asked Council Members if there were any items they wished to
have removed from the Consent Agenda for consideration under the Regular Agenda.
There were none.
September 8, 2009
- 3 -
Council Member Collins, on a motion seconded by Council Member Parker,
moved approval of the Consent Agenda, as presented.
There was no discussion.
On the motion for approval of the Consent Agenda, as presented, voting yes:
Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, Ward, West and
Willis.
Voting no: None
City Clerk Items
(1) ACKNOWLEDGEMENT OF REZONING APPLICATIONS
The following zoning reclassifications requests are not public hearing
items at this time. These items will be heard by the Planning Commission on
September 9, 2009 and recommended to City Council for a future meeting.
(a) R(C)-06-05 (Rev 7/09) PROJECT: Monarch Center APPLICANT:
Nowcare Properties, LLC AGENCY: Art-Ray Corporation PROPOSAL: A
request to modify proffer #1 regarding architectural requirements as they pertain
to professional offices and medical care facilities. ZONE: B-1, Neighborhood
Business District PROPOSED COMP LAND USE / DENSITY: Commercial
EXISTING COMP LAND USE / DENSITY: Commercial LOCATION: 1024,
1008 and 1004 Battlefield Blvd South TAX MAP SECTION/PARCELS:
0600000002310, 0600000002320, 0600000002330 BOROUGH: Pleasant
Grove
(b) GB(M)-09-01 PROJECT: Park View Condominiums APPLICANT: Park
View Condominiums at Greenbrier Development Group, LLC AGENCY:
Kaufman & Canoles, PC PROPOSAL: A planned unit development modification
to the development criteria to change the timing of payment of the cash proffers
on a per unit basis as the unit is conveyed to a buyer. ZONE: PUD, Planned
Unit Development LOCATION: Greenbrier Road TAX MAP
SECTION/PARCELS: 03700000882, 0370000000870 BOROUGH: Washington
(2) RESIGNATIONS FROM BOARDS AND COMMISSIONS
a. William L. Niven – Stormwater Committee
b. Preston Sellers - Citizens Juvenile Advisory Council
City Manager Item
(1) REQUEST FOR AUTHORITY TO SUBMIT A PERSONAL PROTECTIVE
EQUIPMENT GRANT APPLICATION TO THE VIRGINIA OFFICE OF
EMERGENCY MEDICAL SERVICES – FIRE DEPARTMENT
September 8, 2009
- 4 -
City Attorney Items
(1) #09-O-105 AN ORDINANCE AMENDING CHAPTER 2 OF THE
CHESAPEAKE CITY CODE, ENTITLED "ADMINISTRATION," IN DIVISION 7,
ENTITLED "COMMUNITY SERVICES BOARD" OF ARTICLE V, ENTITLED
"BOARDS, COMMITTEES AND COMMISSIONS," BY CHANGING STATE
CODE REFERENCES AND TERMS CITIED IN SECTIONS 2-436, 2-437, AND
2-440 THEREOF, TO CONFORM WITH CHANGES ENACTED IN STATE LAW.
(2) #09-O-106 AN ORDINANCE AMENDING CHAPTER 74 OF THE
CHESAPEAKE CITY CODE, ENTITLED “TRAFFIC AND VEHICLES’” SECTION
74-225 THEREOF, TO BRING THE CITY CODE INTO COMPLIANCE WITH
THE 1950 CODE OF VIRGINIA, AS AMENDED
(3) #09-O-107 AN ORDINANCE AMENDING CHAPTER 30 OF THE
CHESAPEAKE CITY CODE, ENTITLED “FINANCE AND TAXATION,”
SECTION 30-47 THEREOF, TO DELETE REFERENCE TO THE
IMPLEMENTATION OF BIWEEKLY PAYROLLS DURING THE FISCAL YEAR
BEGINNING JULY 1, 2009.
Vice de Triquet relinquished the gavel back to Mayor Krasnoff.
REGULAR AGENDA
City Manager Items
(2) #09-O-108 REQUEST FOR APPROPRIATION OF $507,406 IN
HOMELESSNESS PREVENTION AND RAPID RE-HOUSING PROGRAM
(HPRP) GRANT FUNDS AWARDED BY THE DEPARTMENT OF HOUSING
AND URBAN DEVELOPMENT (HUD) – OFFICE OF HOUSING
City Manager Harrell presented the item with a request for approval.
Council Member Hayes, on a motion seconded by Council Member Ward,
moved approval of the Appropriation, as presented.
Council Member Ward emphasized that there was no local funding match,
continuation or personnel requirements. Dr. Ward inquired if the persons included in
the Point-in-Time Homeless count held January 9, 2009 would qualify for the program.
Deputy City Manager Barnard-Bailey responded that they were eligible for the services.
Council Member Ward asked what the numbers were for homeless persons at that
time.
Housing Program Coordinator Alisa Winston came to the podium and noted that
the numbers had increased since the January 9, 2009 Point-in-Time Homeless count.
City Manager Harrell advised that a report would be forthcoming with the update
number of homeless persons in the City.
Council Member Hayes stated that the funds would be used for a variety of
services such as relocation of persons living in conditions such as emergency shelters,
cars and parks and would assist those in need of rental assistance.
There was no further discussion.
September 8, 2009
- 5 -
On the motion for approval of the Appropriation of $507,406 in Homelessness
Prevention and Rapid Re-housing Program (HPRP) Grant Funds, as presented, voting
yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, West, Ward
and Willis.
Voting no: None
(3) CITY MANAGER UPDATES
City Manager Harrell addressed recent flooding at the new Oscar Smith Middle
School stating that heavy rainfall was a contributing factor. Mr. Harrell noted that the
South Norfolk Drainage Study identified a major outfall upgrade necessary for that area
and advised that the City and the School System had been working together to correct
the drainage issues in that area. City Manager stated that the work was expected to be
completed by the end of 2009.
City Manager Harrell addressed issues raised by the Western Branch
community during the recent Town Meeting concerning parking at Western Branch
High School and stated that a task force had been formed to address the issue. Mr.
Harrell noted that parking restrictions were applied and would be monitored for 60-
days. Another meeting would be scheduled with the community to solicit feedback on
the success of the parking restrictions and examine if additional measures should be
implemented.
City Manager Harrell advised that Chesapeake would be the recipient of
$l,500,000 from the Neighborhood Stabilization Program Funding. He advised the
money would be used to purchase and rehabilitate foreclosed homes making them
available for resale to low, moderate and middle income families.
City Manager Harrell noted that the City had received a report outlining the
Governor’s Executive Spending Reduction Plan to meet the FY 2010 revenue shortfall
of $1.35 billion. He advised that there would be discussion at the Retreat Meeting
scheduled on September 12, 2009.
City Manager Harrell informed Council that the submittal of the Public Private
Transportation Act (PPTA) proposal for Dominion Boulevard had created significant
media interest.
City Attorney Items
(4) ANNUAL SUBMISSION OF DELINQUENT AND UNCOLLECTIBLE TAX
LISTS FROM CHESAPEAKE TREASURER, PURSUANT TO CITY CODE
CHAPTER 30, ARTICLE XVII, SECTION 30-525, ET SEQ.
City Attorney Hallman presented the item with a request for approval.
September 8, 2009
- 6 -
Vice Mayor de Triquet, on a motion seconded by Council Member Parker,
moved approval of the Request to write-off accounts listed under items #4, #5, and #6
and approval to continue tax collection efforts for delinquent taxes as outlined in items
#2 and #3 until the applicable stature of limitations expires, as presented.
There was no discussion.
On the motion for approval of the Request to write-off accounts listed under
items #4, #5, and #6 and approval to continue tax collection efforts for delinquent taxes
as outlined in items #2 and #3 until the applicable stature of limitations expires, as
presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker,
Ritter, West, Ward and Willis.
Voting no: None
(5) #09-O-109 AN ORDINANCE TO GRANT RELIEF TO VALERIE R. BRUNER
BY PAYING TO HER THE SURPLUS FUNDS RECEIVED BY THE CITY OF
CHESAPEAKE FROM THE CLERK OF THE CHESAPEAKE CIRCUIT COURT
FROM A DELINQUENT TAX SALE OF REAL PROPERTY SITUATED IN THE
DEEP CREEK BOROUGH OF THE CITY OF CHESAPEAKE, VIRGINIA,
KNOWN AS 1940 ORANGEWOOD ROAD, TAX PARCEL 0344001001730,
FORMERLY OWNED BY DOROTHY V. VINCENT, DECEASED
City Attorney Hallman presented the Ordinance with a request for approval.
Council Member Parker, on a motion seconded by Council Member Collins,
moved approval of payment in full of the surplus funds, as presented.
Council Member Parker asked if the correct heir was requesting the surplus
funds.
City Attorney Hallman noted it was the correct heir.
Council Member West inquired if the amount included accrued interest and City
Attorney Hallman stated that he did not know.
There was no further discussion.
On the motion for approval of payment in full of the surplus funds, as presented,
voting yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, West, Ward
and Willis.
Voting no: Council Member Hayes
(6) #09-O-110 AN ORDINANCE AMENDING CHAPTER 38 OF THE
CHESAPEAKE CITY CODE, ENTITLED “HEALTH AND SANITATION,”
ARTICLE VI THEREOF, TO AMEND THE TITLE TO “BODY ART
ESTABLISHMENTS;” EXPAND THE PROVISIONS FOR TATTOO
ESTABLISHMENTS TO ESTABLISHMENTS WHERE BODY PIERCING AND
COSMETIC TATTOOING ARE PERFORMED; TO PRESCRIBE
REGULATIONS FOR THE SANITARY CONDITION OF THE PERSONNEL,
EQUIPMENT AND PREMISES OF SUCH ESTABLISHMENTS; AND TO
PROVIDE FOR THE ENFORCEMENT OF THIS ARTICLE AND THE DISEASE
CONTROL AND DISCLOSURE REQUIREMENTS REQUIRED BY THE CODE
OF VIRGINIA.
September 8, 2009
- 7 -
City Attorney Hallman presented the Ordinance Amendment with a request for
approval.
Vice Mayor de Triquet, on a motion seconded by Council Member West, moved
approval of the Ordinance amendment, as presented.
Council Member Willis advised that the City did have legally operational tattoo
parlors and the Ordinance amendment would improve the ordinance on those
establishments.
There was no discussion.
On the motion for approval of the Ordinance amendment, as presented, voting
yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, West, Ward
and Willis.
Voting no: None
CITIZENS’ COMMENTS ON THE SERVICES, POLICIES, AND AFFAIRS OF THE
CITY (NON AGENDA SPEAKERS)
City Clerk Moore identified the following speakers:
Thomas Arrington, III, 305 Stonewood Court, representing self, spoke on the
types of Health Insurance accepted at Chesapeake Regional Medical Center.
Joseph A. Staton, 704 Potter Road, representing self, spoke on drainage issues
in Crestwood Manor.
Robert A. Jones, 1173 Shillelagh Road, representing self, spoke on private
businesses building bridges and charging tolls.
Mayor Krasnoff asked the Hospital Authority Liaisons, Council Members Parker
and Willis, and Schools Liaisons, Council Members Parker and Ward, to address the
issue of insurance coverage to Hospital Authority members and the School Board.
Mayor Krasnoff called on Council Members for Committee Reports.
There were none.
COMMITTEE REPORTS
A. CONSIDERATION OF A REQUEST BY THE MAYOR'S COMMISSION
ON VETERAN'S AFFAIRS TO ESTABLISH ARMED FORCES
RECOGNITION DAY FOR EACH OF THE US ARMED SERVICES AND THE
US COAST GUARD TO RECOGNIZE THE CONFIRMED "BIRTHDAY" OF THE
US ARMY, US MARINE CORPS, US NAVY, US AIR FORCE AND US COAST
GUARD BY THE CITY OF CHESAPEAKE. (COUNCIL MEMBER DEBBIE
RITTER)
City Clerk Moore presented the item.
Council Member Ritter, on a motion seconded by Council Member Hayes,
moved approval of the creation of Armed Forces Recognition Days in Chesapeake.
Council Member Ritter requested Mayor’s Commission on Veteran’s Affairs
Chairman Geoffrey Briggs come to the podium for questions.
Council Member Ward inquired how the “birthdays” of the Armed Services would
be recognized on weekends or holidays when the City was closed.
September 8, 2009
- 8 -
Council Member Parker asked if the ceremony would dilute or interfere with the
annual Veteran’s Day Ceremony.
Chairman Briggs replied that the ceremony involved would only involve raising
of the flag on the designated “birthday” of each branch of Armed Services and would
not have any affect on the annual Veteran’s Day Ceremony. Mr. Briggs noted that the
details were still being studied in reference to address the birthdays that the City would
be closed.
Council Member Ritter thanked the Mayor’s Commission on Veteran’s Affairs for
bringing the request forward and thanked City Clerk Moore for her assistance.
There was no further discussion.
On the motion to approve Armed Forces Recognition Days in Chesapeake, as
presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker,
Ritter, West, Ward and Willis.
Voting no: None
Mayor Krasnoff called on Council Members for any additional Committee
Reports. There were none.
OLD AND NEW BUSINESS
A. RECONSIDERATION OF THE MOTION FOR R(C)-09-03 PROJECT:
WILLOWVIEW APPLICANT: DBO PROPERTIES, LLC PROPOSAL: A
CONDITIONAL ZONING RECLASSIFICATION OF APPROXIMATELY 3.5
ACRES FROM A-1, AGRICULTURAL DISTRICT (1.7 ACRES) AND R-15,
RESIDENTIAL DISTRICT (1.8 ACRES) TO R-MF-1, MULTIFAMILY
RESIDENTIAL DISTRICT (3.12 ACRES) AND R-15, RESIDENTIAL DISTRICT
(0.38 ACRES) ZONE: A-1, AGRICULTURAL DISTRICT AND R-15,
RESIDENTIAL DISTRICT PROPOSED COMP LAND USE / DENSITY:
MEDIUM DENSITY RESIDENTIAL EXISTING COMP LAND USE / DENSITY:
BUSINESS/COMMERCIAL AND LOW DENSITY RESIDENTIAL LOCATION:
1213 KEMPSVILLE ROAD TAX MAP SECTION/PARCEL: 0380000001170
BOROUGH: WASHINGTON. (This item was continued from the July 21, 2009
City Council Meeting) (The item failed on a 4/4 tie at the August 18, 2009 City
Council Meeting)(Council Members Richard “Rick” West, S. Z. “Debbie” Ritter &
C .E. “Cliff” Hayes, Jr. requested the reconsideration.)
City Clerk Moore presented the item.
Council Member West, on a motion seconded by Council Member Hayes,
moved to reconsider the motion for R(C)-09-03 that failed during the August 18, 2009
City Council Meeting.
There was no discussion.
On the motion to reconsider the motion for R(C)-09-03 Willowview that failed
due to a tie vote during the August 18, 2009 City Council Meeting, voting yes; Council
Members Collins, Hayes, Krasnoff, Parker, Ritter, West and Ward.
Voting no: Vice Mayor de Triquet and Council Member Willis.
September 8, 2009
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Council Member West, on a motion seconded by Council Member Hayes,
moved approval of R(C)-09-03 Willowview with proffers, as presented on August 18,
2009.
Council Member West stated his support of the item.
Council Member Willis stated that she opposed the item on August 18, 2009 and
her concern was the impact on Indian River High School prior to the scheduled
renovations. Ms. Willis mentioned that the City needed to be cautious until the school
issues in the area were resolved.
There was no additional discussion.
On the motion for approval of R(C)-09-03 Willowview, with proffers, as
presented on August 18, 2009, voting yes: Council Members Collins, Hayes, Parker,
West and Ward.
Voting no: Council Members Krasnoff, de Triquet, Ritter and Willis.
#09-O-111 AN ORDINANCE AMENDING THE CHESAPEAKE ZONING
ORDINANCE TO PROVIDE FOR THE CONDITIONAL REZONING
RECLASSIFICATION OF APPROXIMATELY 3.5 ACRES OF LAND LOCATED AT
1213 KEMPSVILLE ROAD IN THE WASHINGTON BOROUGH, FROM A-1
AGRICULTURAL DISTRICT (1.7 ACRES) AND r-15 RESIDENTIAL DISTRICT (1.8
ACRES) TO R-MF-1 MULTIFAMILY RESIDENTIAL DISTRICT (3.12 ACRES) AND R-
15 RESIDENTIAL DISTRICT (0.38 ACRES ) (R(C)-09-03)
B. #09-R-050 RESOLUTION AMENDING THE RESOLUTION REQUESTING
THE PLANNING COMMISSION TO CONSIDER AND MAKE
RECOMMENDATION CONCERNING PROPOSED AMENDMENTS TO THE
2026 CHESAPEAKE COMPREHENSIVE PLAN TO PROVIDE GUIDELINES
ON AFFORDABLE HOUSING CREDITS UNDER THE PROFFER POLICY TO
INCLUDE RECOMMENDATIONS CONCERNING OTHER TYPES OF
INCENTIVES FOR AFFORDABLE HOUSING, SUCH AS DENSITY CREDITS,
THAT MAY BE ADDRESSED IN COMPONENTS OF THE COMPREHENSIVE
PLAN OTHER THAN, OR IN ADDITION TO, THE PROFFER POLICY (Council
Members Ritter and West)
Mayor Krasnoff presented the item.
Council Member Ritter, on a motion seconded by Council Member West, moved
approval of the Resolution, as presented.
Council Member Ritter stated that following a meeting she and Council Member
West held with staff and industries representatives, there was concern that only
changing the definition of affordable housing really did not do what Council intended to
do which was to give clear direction to City staff on how to deal in equity with all the
proposals that come forward for development with proffers and they were not able to do
that because of the time line Council had put on getting the proposed amendments
back for consideration. Ms. Ritter expressed concerns about the lack of staff guidance.
She asked City Manager Harrell to work with the City Attorney’s office, Deputy City
Attorney Jan Proctor and/or Assistant City Attorney Grady Palmer and the committee to
September 8, 2009
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set the guidelines and go along with the affordable housing definition.
Council Member West concurred with Council Member Ritter and stated that the
issue seemed simple on the surface but was much more complicated.
Council Member Hayes advised that he and Council Member Willis brought the
issues forward with a timetable in an effort to keep the process on track.
Council Member Willis inquired why the Resolution had to include the proposed
definition of Affordable Housing and commented that she felt it was important to have
flexibility, as in the original action, rather than trying the proffer policy.
Council Member Ritter requested that Planning Director Nielson come to the
podium for questions.
Director Nielson stated that the definition of affordable housing was scheduled
for consideration at the October 20, 2009 City Council Meeting.
Council Member Ritter inquired if it was recommended by staff that additional
guidelines for proffers were needed and the original initiating resolution be amended to
accomplish that. Mr. Neilson agreed. Mrs. Ritter stated that there was ongoing work
with all of the representatives in an effort to offer additional guidance for Council
Members should an application for affordable housing come forward.
Director Nielson mentioned a recent meeting with the committee that included
stakeholders, members of the building community, the Planning liaisons and several
members of staff. Mr. Nielson commented that the current proffer policy leaves certain
areas open-ended and did not provide the necessary guidelines for equal requirements
for every application.
Council Member Hayes commended Director Nielson and staff for the work done
to clarify the affordable housing issue and asked who the representatives were on the
committee studying this issue.
Director Nielson replied that representatives from Tidewater Builders
Association, Chesapeake Housing Office, Chesapeake Redevelopment and Housing
Authority, Association of Realtors, City Attorney’s Office, Council Liaisons and other
staff members were included on the committee.
Council Member Willis asked for clarification of the motion and inquired if the
definition of Affordable Housing would be changed by the Planning Commission after
adoption of the Resolution by City Council.
City Attorney Hallman stated that it would not change.
There was no further discussion.
On the motion for approval of the Resolution, as presented, voting yes: Council
Members Collins, de Triquet, Hayes, Krasnoff, Ritter, West, Ward and Willis.
Voting no: None (Council Member Parker was out of the chamber)
September 8, 2009
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C. DISCUSSION OF Re Energy HOLDINGS, L.L.C. - PROPOSAL FOR THE
PURCHASE OF SPSA ASSETS AND PRIVATIZATION OF WASTE DISPOSAL
SERVICES – (Council Member Collins) (continued from the July 28, 2009 and the
August 11, 2009 City Council Meeting)
Mayor Krasnoff presented the item for discussion.
Council Member Collins advised that ReEnergy had offered a proposal for the
purchase of the Southeastern Public Service Authority’s (SPSA) assets. Mr. Collins
asked Council members for direction on how he should represent the City on the
proposal.
City Manager Harrell advised that the administrative support staff believed there
were issues with the ReEnergy proposal and that there should be a conceptual review
of the proposal. Mr. Harrell stated that the City should list a number of questions to be
considered as part of the review of the proposal. He noted more detail was needed
regarding the proposed host benefits and their impacts on the tipping fee structure, and
that the ReEnergy proposal was conditioned by the caveat of receiving sufficient
allocation of Virginia’s volume cap for private activity (tax-exempt) bonds. of receiving
this critical allocation.
City Attorney Hallman stated that SPSA was required by law to consider and
review any Public-Private Educational Facilities Infrastructure Act (PPEA) proposals
received. Mr. Hallman noted that the request of a conceptual review was appropriate
as well as the most conservative and safest position to pursue.
Mayor Krasnoff commented that it would be best to have a conceptual review
requesting SPSA post all proposals for 45 days.
Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved
that SPSA be requested to post a notice for competing proposals.
Vice Mayor de Triquet noted that there were unclear and undefined
consequences if the ReEnergy proposal continued forward, and there were obvious
internal defects in the proposal that required clarification.
Council Member Willis asked City Attorney Hallman if there was a way that
ReEnergy could put specific assurances of tipping fees with a cap in the proposal.
City Attorney Hallman replied that during the conceptual review, there would be
negotiations on the issue of tipping fees and that could be presented by Council
Member Collins as a proposal by the City.
There was additional discussion between Council Member Ritter and City
Manager Harrell concerning pending proposals to SPSA. Mr. Harrell stated that it was
not appropriate to discuss those proposals prior to the SPSA board meeting scheduled
for September 10, 2009.
Council Member Collins thanked Council Members for the questions raised and
stated his support of Mr. Harrell’s position. He noted that the information should be
available to the public after the Board’s meeting.
There was no further discussion.
September 8, 2009
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On the motion to request that SPSA be requested to post a notice for competing
proposals, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker,
Ritter, West, Ward and Willis.
Voting no: None
Mayor Krasnoff called on Council Members for additional Old and New
Business.
Council Member Ritter advised that she would not be attending the City Council
Retreat scheduled on September 12, 2009 and asked that a list of available funding,
that could help the City deal with the upcoming State Budget cuts, for example
unencumbered funds, be provided.
Vice Mayor de Triquet advised that evaluations of City Council Appointees would
be held during a Closed Session on September 15, 2009 prior to the City Council
Meeting and requested that appointee’s self-assessments be completed and submitted
by September 10, 2009.
Council Member Hayes asked for clarification on the timeline to get the
appointee tabulated score sheets back to the Vice Mayor.
Vice Mayor de Triquet requested that tabulated sheets be presented to City
Clerk Moore by Monday, September 14, 2009.
REQUEST FOR CLOSED SESSION
City Attorney Hallman provided the following language for consideration of a
Closed Session topic to be held on September 15, 2009 at 4:00 p.m. prior to the City
Council Meeting: “to discuss the performance of specific appointees of the City Council,
pursuant to Virginia Code Section 2.2-3711.A.1.”
Vice Mayor de Triquet, on a motion seconded by Council Member Ward, moved
approval of the request for the Closed Session to discuss the performance of
appointees of City Council.
There was no discussion.
On the motion for approval of the request for a Closed Session to be held
September 15, 2009 at 4:00 p.m. prior to the City Council Meeting, voting yes: Council
Members Collins, de Triquet, Hayes, Krasnoff, Parker, Ritter, West, Ward and Willis.
Voting no: None
BENEDICTION
Council Member Collins offered the benediction.
ADJOURNMENT
There being no further business for consideration, Mayor Krasnoff adjourned the
meeting at 8:35 p.m.
/smu
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Attest Mayor
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City Clerk