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)

/dah

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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.


Vice Mayor John M. de Triquet






Council Member Patricia Pritchard Willis

Absent: Council Member C. E. “Cliff” Hayes (excused)


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.

/dah

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:


Vice Mayor John M. de Triquet (excused at 9:28 p.m.)







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

August 18, 2009

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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.

http://www.soundfighter.com/

August 18, 2009

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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,

http://www.soundfighter.com/

August 18, 2009

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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

August 18, 2009

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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.

August 18, 2009

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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:

August 18, 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.

August 18, 2009

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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.

August 18, 2009

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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.

August 18, 2009

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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

August 18, 2009

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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.


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 -


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.


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.


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.


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,




yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West

and Willis.


August 18, 2009

- 21 -


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.


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.


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.


Hearing Item (E):

Dolive T. Durant, 4025 Scotfield Drive, representing self.

Bill Garrett, 4026 Scotfield Drive, representing self.



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.


yes: Council Members Collins, de Triquet, Krasnoff, Parker, Ritter, Ward, West

and Willis.



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 -


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.


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.


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.


On the motion to approve UP-09-13 with stipulations, as presented, voting


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.


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.


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.


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.


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.


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.


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.


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.


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.


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”


moved approval of the request for a Closed Session.


On the motion for approval of the request for the Closed Session, voting



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.


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.


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.)


Council Member C. E. “Cliff” Hayes, Jr.






Absent: Council Member Dwight M. Parker


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


Council Member C. E. “Cliff” Hayes, Jr.



Council Member S.Z. “Debbie” Ritter




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.


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.


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.


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


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.


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.


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.


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


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.


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.


On the motion to approve Armed Forces Recognition Days in Chesapeake, as

presented, voting yes: Council Members Collins, de Triquet, Hayes, Krasnoff, Parker,


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.


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

- 9 -

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.


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.


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

- 10 -

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.


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

- 11 -

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.


September 8, 2009

- 12 -

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,


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.


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

___________________

Attest Mayor

__________________________

City Clerk