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Docket Item "C" R(C)-15-25 Sherwin Williams CITY COUNCIL PACKAGE FOR FEBRUARY 16, 2016 Page 1 2 Application Summary 3 6 Proffer Statement 7 8 Planning Commission Draft Minutes 9 20 Staff Reports: December 22, 2015 21 22 December 2, 2015 23 Fiscal Impact Analysis 24 Rezoning Exhibit/Site Plan 25 Aerial 26 GIS Parcel Exhibit

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Page 1: CITY COUNCIL PACKAGE FOR FEBRUARY 16, 2016 › Assets › supporting_docs › ... · Sherwin Williams CITY COUNCIL PACKAGE FOR FEBRUARY 16, 2016 Page 1 – 2 Application Summary 3

Docket Item "C" R(C)-15-25

Sherwin Williams

CITY COUNCIL PACKAGE FOR

FEBRUARY 16, 2016

Page 1 – 2 Application Summary 3 – 6 Proffer Statement 7 – 8 Planning Commission Draft Minutes

9 – 20 Staff Reports: December 22, 2015 21 – 22 December 2, 2015 23 Fiscal Impact Analysis 24 Rezoning Exhibit/Site Plan 25 Aerial 26 GIS Parcel Exhibit

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APPLICATION SUMMARY

R(C)-15-25 Sherwin Williams

LOCATION: The northwest corner of Cedar Road and Sherwood Forest Road

PROPOSAL: A conditional zoning reclassification of 0.959± acres from O&I, Office & Institutional District, and R-10s, Residential District, to B-2,General Business District to construct a retail store.

SUBMITTED: 9-8-15 ACKNOWLEDGED BY COUNCIL: 11-24-15

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATE: 1-13-16

RECOMMENDATION: APPROVAL with proffers

VOTE: 9 - 0

ATTACHMENTS

Proffer Statement, Draft Minutes, Staff Reports, Fiscal Impact Analysis, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

R(C)-15-25 Sherwin Williams

APPLICANT: Page Webb, LLC 4672 Sandy Plains Road Roswell, GA 30075 404-431-5931 [email protected]

AGENCY: Williams Mullen

Attn: Grady Palmer 999 Waterside Drive, Suite 1700 Norfolk, VA 23510 629-0606

[email protected] OWNER: Professional Investors III, LLC 2310 Tower Place

Hampton, VA 23666

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7 Chesapeake Planning Commission DRAFT January 13, 2016 Public Hearing Minutes

R(C)-15-25

PROJECT: Sherwin Williams APPLICANT: Page Webb, LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of 0.959± acres from O&I, Office, Institutional and Assembly District and R-10s, Residential District, to B-2,General Business District, to construct a retail store. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: The north west corner of Cedar Road and Sherwood Forest Road TAX MAP SECTION/PARCEL: 0585004000001

BOROUGH: Pleasant Grove (Continued from the December 9, 2015 Public Hearing)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-15-25 be APPROVED with the following proffers: (9-0, Kish/Johnson)

1. The applicant/owner agrees that the use of the subject property shall be limited to a retail paint store (SIC 5231). The proposed paint store shall be a maximum of 5,000 square feet of gross floor area. After 5 years from the date the City Council approves the rezoning, the following additional retail trade and service uses shall be permitted: hardware store, apparel store, home furnishing shop, computer and software store, record store, musical instrument store, sporting goods store, bookstore, jewelry store (except pawn shops shall be prohibited), auto parts store (except repair shall be prohibited), hobby, toy and game shop, camera and photographic supply store, finance, insurance and real estate, beauty shop/barber shop, photographic studio, and those that are of a similar nature or character to the foregoing as determined by the Zoning Administrator under Section 3-302 of the Chesapeake Zoning Ordinance.

2. The applicant/owner agrees that the building constructed on the

subject property shall be substantially similar to the building elevations date stamped October 6, 2015, except that the front building elevation entitled “front CR proof” shall include an extended brick appearance to a point above the depicted windows and canopy, subject to the review and approval of the Director of Planning or designee.

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8 Chesapeake Planning Commission

DRAFT January 13, 2016 Public Hearing Minutes

3. The applicant/owner agrees to dedicate the ultimate right-of-way width for Cedar Road as provided for by the 2050 Master Transportation Plan on the property subject to this rezoning, at no cost to the City. The dedication shall be subject to the review and approval of the Director of Development and Permits or designee during site plan review. A deed of dedication shall be subject to the review and approval of the City Attorney and shall be recorded before the issuance of a final certificate of occupancy.

4. The applicant/owner shall retain and protect the existing trees on the

subject property abutting Sherwood Forest Road to the greatest extent possible. If the trees cannot be retained due to site constraints, the applicant/owner agrees that the street frontage buffer along the subject property’s frontage on Sherwood Forest Road shall be improved pursuant to a landscape plan approved by the Director of Development and Permits or designee and shall be installed prior to the issuance of the certificate of occupancy for the retail paint store.

Ms. Shea read R(C)-15-25 into the record for Commission review and action.

Staff Presentation:

Ms. Shea stated that based on the findings in the staff report, Planning staff recommended that R(C)-15-25 be APPROVED with the proffers as listed in the official agenda.

Proponent:

Grady Palmer, Agent, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-15-25 representing the applicant.

Opponent:

Elise Horning, 229 Robin Hood Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-15-25 representing herself.

Those who spoke in opposition were concerned with the preservation of trees on the site and green space.

COMMISSION VOTE:

Commissioner Kish moved that R(C)-15-25 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 9-0.

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R(C)-15-25 Sherwin Williams

APPLICANT: Page Webb, LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of 0.959± acres from O&I, Office & Institutional District, and R-10s, Residential District, to B-2,General Business District to construct a retail store. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: The northwest corner of Cedar Road and Sherwood Forest Road TAX MAP SECTION/PARCEL: 0585004000001 BOROUGH: Pleasant Grove