city council package for may 21, · pdf filecity council package for may 21, 2013 ......

Docket Item "H" R(C)-05-05(Rev 2/13) Albemarle River

CITY COUNCIL PACKAGE FOR MAY 21, 2013

– 2 Application Summary 3 – 8 Planning Commission Minutes 9 – 16 Revised Proffer Statement dated April 23, 2013

17 – 24 Proffer Statement Markup 25 – 35 Staff Report: April 4, 2013 36 – 38 Fiscal Impact Analysis 39 Site Plan 40 Aerial 41 GIS Parcel Exhibit

1 APPLICATION SUMMARY

R(C)-05-05(Rev 2/13) Albemarle River

LOCATION: South side of Butts Station Road at its intersection with Elbow Road and just east of Greystone Subdivision

PROPOSAL: A conditional zoning reclassification of approximately 151.246 acres to modify proffers on property zoned R-15(a)s.

SUBMITTED: 2-7-13 ACKNOWLEDGED BY COUNCIL: 2-14-13

STAFF RECOMMENDATION Approval with proffers

PLANNING COMMISSION R(C)-05-05 Hilltop Terrace: R(C)-05-05(2/09) Albemarle River: HEARING DATE: 10-12-05 HEARING DATE: 6-10-09 RECOMMENDATION: Denial RECOMMENDATION: Denial VOTE: 5 - 2 VOTE: 7 - 2

HEARING DATE: 4-10-13 RECOMMENDATION: APPROVAL with proffers VOTE: 6 - 2

CITY COUNCIL

R(C)-05-05 Hilltop Terrace: HEARING DATES: 11-15-05, 12-20-05 ACTION: APPROVED with revised proffers VOTE: 5 – 4 (Council Members de Triquet, Krasnoff, Ritter & Willis voting no)

R(C)-05-05(2/09) Albemarle River: HEARING DATES: 7-21-09, 8-18-09 ACTION: APPROVED with revised proffers dated July 29, 2009 VOTE: 6 – 2 (Council Members Ritter & Willis voted no; Council Member Hayes

excused)

ATTACHMENTS Minutes, Proffer Statement, Staff Report, Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(C)-05-05(Rev 2/13) Albemarle River

APPLICANT/ OWNER: Greystone Land Company, LLC Attn: S. Grey Folkes, Jr. 308 Cedar Lakes Drive Chesapeake, VA 23322 382-4155 No email address Members: S. Grey Folkes, Jr., Managing Member Robert R. Kinser W. Preston Fussell William B. Cross

AGENCY: Wooten & Shaddock, PLC Attn: Grady A. Palmer, Esq. 1435 Crossways Blvd, Suite 303 Chesapeake, VA 23320 452-4041 [email protected]

3 Chesapeake Planning Commission

DRAFT April 10, 2013 Public Hearing Minutes

R(C)-05-05(Rev 2/13) PROJECT: Albemarle River APPLICANT: Greystone Land Company LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 151.246 acres to modify proffers on property zoned R-15(a)s. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: South side of Butts Station Road at its intersection with Elbow Road and just east of Greystone Subdivision TAX MAP SECTION/PARCEL: 0490000000390 and 0490000000960 BOROUGH: Washington

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-05-05(Rev 2/13) be APPROVED with the following proffers: (6-2; Bell/Small, Van Laethem and Hutchinson opposed)

1. Exterior Materials

a. The applicant/owner 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 applicant/owner 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.

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.

4 Chesapeake Planning Commission DRAFT April 10, 2013 Public Hearing Minutes

4. Home Size. The applicant/owner agrees that one-story dwellings shall have a minimum of 1,950 S.F., and two-story dwellings shall have a minimum of 2,100 S.F. Furthermore, the applicant/owner agrees that the requirements contained in proffers 1 through 4 shall be recoded as deed restrictions in the Chesapeake Circuit Court Clerk’s Office and shall be subject to approval by the Zoning Administrator prior to filing. The applicant/owner acknowledges that it and its successors and assigns are solely responsible for enforcement through completion of development of the subject property.

5. The applicant/owner 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. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to the public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,556.93 per residential dwelling unit. The owner/applicant agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake’s “lock box”, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy. The cash proffers may be used for alternative improvements approved BY the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash contribution shall be allocated as follows: Schools $1,591.00; Libraries $576.08; Emergency Services $389.85.

7. The applicant/owner 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 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. The requirements of this proffer have been completed but the language has been preserved as a record of the value of the proffered dedication.



8. a. The applicant/owner 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 applicant/owner 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.

(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 applicant/owner 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 applicant/owner 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.

6 Chesapeake Planning Commission DRAFT April 10, 2013 Public Hearing Minutes

9. The applicant/owner agrees that the total number of residential dwellings resulting from this development shall not exceed 190 until such time as City Council approves a subsequent amendment to this proffer provision. The applicant/owner further agrees that it shall phase its development such that no more than 50 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 (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) 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 10a and 10b, 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 development, construction, and marketing of the subdivision, e.g., owners, subdivider, developers, builders, realtors, and sellers.

11. The applicant/owner 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 applicant/owner 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 “Albemarle River” (R(C)-05-05) REV subdivision.

Mrs. Hanson read R(C)-05-05(Rev 2/13) into the record for Commission review and action.

Staff Presentation:

Mr. McKay stated that staff’s recommendations were not based on whether or not an applicant met the City’s Voluntary Cash Proffer Policy, therefore, staff offered no recommendation on this application.

Proponent:

Grady A. Palmer, Attorney, Wooten & Shaddock, PLC, 1435 Crossways Boulevard, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-05-05(Rev 2/13) representing Greystone Land Company, LLC.

COMMISSION DISCUSSION:

Commissioner Morris stated that there was a lot of focus on the cash aspects of the proffers and the reduction in terms of the amounts. He said the City currently had an existing policy and the Commissioners needed to compare the numbers of what the existing policy said as opposed to what it said in the past. He also stated that the

8 Chesapeake Planning Commission DRAFT April 10, 2013 Public Hearing Minutes Commissioners needed to look at the totality of the application. We’re not just talking about cash proffers he said, but other changes with the wording of proffers making it clear and easier for city staff to enforce. He said these changes were in accordance with the new policy.

Commissioner Bell agreed with Commissioner Morris and stated the market had changed. He said it was unfair to allow a new development to go thru under the current policy when it came to selling houses. Ultimately he felt that cash proffers were passed on to the new homeowner.

Commissioner Hutchinson agreed that the market had changed but she did not know how much would get passed down to the new homeowner. She said that even though proffers change, it would not change the price point that the development had initially set, although she hoped that it would. Contracts were not retroactive in most businesses and she did not feel others should come back and ask for their contracts to be changed, thinking they could get what they wanted.

COMMISSION VOTE:

Commissioner Bell moved that R(C)-05-05(Rev 2/13) be APPROVED. Commissioner Small seconded the motion. The motion was carried by a vote of 6 - 2. Commissioners Van Laethem, and Hutchinson voted against the motion.

36

Fiscal Impact Analysis with revised proffer submitted on April 23, 2013

37 Fiscal Impact Analysis with revised proffers as approved by Planning Commission on April 10, 2013:

38 FIA with original proffers:

41

Albemarle River R(C)-05-05(Rev 2/13) APPLICANT: Greystone Land Company LLC AGENCY: Wooten & Shaddock, PLC PROPOSAL: A conditional zoning reclassification of approximately 151.246 acres to modify proffers on property zoned R-15(a)s. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: South side of Butts Station Road at its intersection with Elbow Road and just east of Greystone Subdivision TAX MAP SECTION/PARCEL: 0490000000390 and 0490000000960 BOROUGH: Washington

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