Docket Item Unfinished Business Item “A"

PLN-REZ-2016-015

Watson Property

CITY COUNCIL PACKAGE FOR

JANUARY 17, 2017

Page 1 – 2 Application Summary 3 – 6 Proffer Statement

7 – 9 Planning Commission Draft Minutes 10 – 22 Staff Report(s): September 30, 2016 23 Fiscal Impact Analysis 24 Site Plan 25 Aerial 26 GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-REZ-2016-015 Watson Property LOCATION: 4812 Charlton Drive

PROPOSAL: A conditional zoning reclassification of 2.3 acres from A-1,

Agricultural District, to R-15s, Residential District. SUBMITTED: 1-19-16 ACKNOWLEDGED BY COUNCIL: 9-27-16

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATE: 10-12-16 RECOMMENDATION: APPROVAL with proffers

VOTE: 9 - 0

CITY COUNCIL

HEARING DATE: 11-15-16 ACTION: MOTION TO APPROVE FAILED

VOTE: 4-5 (Davis, Kelly, Krasnoff, Ritter and West voted no)

HEARING DATE: 12-13-16 ACTION: APPROVED FOR RECONSIDERATION on January 17, 2017

VOTE: 9-0 (Davis/Ward)

ATTACHMENTS

Proffer Statement, Draft Minutes, Staff Report(s), Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

PLN-REZ-2016-015 Watson Property

APPLICANT/OWNER: Charlton Road, LLC Attn: Bob Arnette

901 PortCentre Parkway, Suite 5 Portsmouth, VA 23704 735-0993 bobarnette@coastalva.org

AGENT: Site Selection & Design LLC Attn: James Robert Bradford

3452 Cricket Hollow Lane Chesapeake, VA, 23321 641-7875 jrbradford1@yahoo.com

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7 Chesapeake Planning Commission DRAFT October 12, 2016 Public Hearing Minutes

PLN-REZ-2016-015 PROJECT: Watson Property APPLICANT: Charlton Road, LLC PROPOSAL: A conditional zoning reclassification of 2.3 acres from A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4812 Charlton Drive TAX MAP SECTION/PARCEL: 0150000000120 BOROUGH: Western Branch

PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ-2016-015 be APPROVED with the following proffers: (9-0, Kish/Johnson).

1. The applicant/owner agrees that there shall be no more than five (5) residential lots resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s.

2. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities. The amount of the voluntary cash contribution shall be $4,000.00 per residential dwelling unit resulting from the 2.3+/- acre portion of the property being rezoned from A-1 to R-15s. The applicant/owner 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 Chesapeake Zoning Ordinance and the Code of Virginia. The cash proffers may be used for alternative improvements approved by the City Council under Section 15.2-2303.2 of the Code of Virginia, including major repairs and renovations of public facilities, to the extent permitted by state law. The cash proffer shall be allocated as follows: Schools $4,000.00.

8 Chesapeake Planning Commission

DRAFT October 12, 2016 Public Hearing Minutes

Mrs. Shaffer read PLN-REZ-2016-015 into the record for commission review and action.

Staff Presentation:

Mr. Howlett stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ-2016-015 be APPROVED with proffers as listed in the official agenda.

Proponent:

James Bradford, 3452 Cricket Hallow Lane, Chesapeake, Virginia appeared before the commission in support of PLN-REZ-2016-015, representing the applicant.

Mr. Bradford stated that the rezoning is and infill development consisting of five lots or less and is exempt from the Level of Service policy due to the low impact on neighborhoods. He stated that there is an abundant frontage on the lots, and availability of sewer and water. He further explained that the traffic impact from five lots is minimal.

Opponent:

Anthony Bertone, 4704 Barn Swallow Drive, Chesapeake, Virginia appeared before the Commission, in opposition to PLN-REZ-2016-015, representing himself.

Mr. Bertone stated that the amount of traffic on Willow Lakes Road, Davids Mill Drive and down Charlton Road is excessive. He stated that the additional housing would cause more traffic where there is already an insufficient amount of traffic signals to support the increase. He stated that five lots will not cause a huge effect; however, with the traffic from Davids Mill Drive, the Willow Lakes Road area, and the Jolliff Woods area, there will be a congestion problem.

John Vallaster, 4805 Barn Swallow Drive, Chesapeake, Virginia appeared before the Commission, in opposition to PLN-REZ-2016-015, representing himself.

Mr. Vallaster stated that he believes it is a reasonable proposal; however, the intersection at Barns Swallow Drive and Charlton Road, and the intersection at Charlton Road and Jolliff Drive, are not sufficient to support the proposed application. He stated that the addition of housing without widening of Charlton Road would be problematic for traffic and other road issues.

COMMISSION DISCUSSION:

Commissioner Kish asked Mr. Tate about another application on the agenda, and what improvements are taking place that are moving the telephone poles. He asked Mr. Tate whether there were any current proposed improvements to the intersection of Charlton Road and Jolliff Road.

9 Chesapeake Planning Commission DRAFT October 12, 2016 Public Hearing Minutes

Mr. Tate stated there is not a currently funded project. There was one previously; however, the funds were re-proportioned due to opposition in the community. Development and Permits and Public Works are concerned about the intersection of Charlton Road and Joliff Road, and there is a long-range plan to utilize a collector street, Davids Mill Drive, that would allow for the majority of the traffic from Charlton Drive development through Davids Mill Drive instead of on Charlton Drive as originally intended on the Master Transportation Plan, to reduce traffic. The proposed application does not provide significant amount of traffic. It is less than one vehicle per hour during the peak hour. A long-term plan for the area needs to include a major improvement of Charlton Road or a second access. Commissioner Kish asked Mr. Tate if the Master Transportation Plan showed a second access to Jolliff Road as a new intersection.

Mr. Tate stated yes, that there is already full turn lanes in both directions, and the road is widened as it approaches the intersection, and is adequate for a right-of-way, and signal. All of the improvements are present due to other developments in the area. Not unlike other areas of the City, new developments provide pieces to the overall plan.

Commissioner Kish stated that he believes the issues brought up from the citizens are due to traffic already in the area than the five proposed houses. The City is aware of this and has a plan to help to remedy the problem.

Chairman Williams stated that he understands citizens concerns, and explained that the increase in homes will provide increased awareness to address traffic concerns.

COMMISSION VOTE:

Commissioner Kish moved that PLN-REZ-2016-015 be APPROVED with 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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PLN-REZ-2016-015 Watson Property

APPLICANT: Charlton Road, LLC PROPOSAL: A conditional zoning reclassification of 2.3 acres from A-1, Agricultural District, to R-15s, Residential District. PROPOSED COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. EXISTING COMP LAND USE / DENSITY: Low Density Residential with something less than 4 units per acre. LOCATION: 4812 Charlton Drive TAX MAP SECTION/PARCEL: 0150000000120 BOROUGH: Western Branch

CtLesapeake City of ChesapeakeI RG I N I A

Office of the City Attorney306 Cedar Road

Chesapeake, Virginia 23322

December 6, 2016 757) 382-6586

Fax ( 757) 382-8749

TO: Mayor Krasnoff, Vice Mayor West and Members of the City Council

Re: Reconsideration of Watson Property Rezoning ( PLN-REZ-2016- 015)

On November 15, 2016, the City Council voted on a motion to approve the WatsonProperty rezoning from A- 1 Agricultural District to R- 15s Residential District. The motionfailed by a 4- 5 vote. On or before 11: 00 a.m. on November 18, 2016, the City Clerk receivedthree letters from Members of the City Council requesting that the matter be placed on theagenda for reconsideration. The City Clerk scheduled the reconsideration for December 13,2016, and will advertise this date and provide notice to the applicant, agent and speakers.

Pursuant to Section 14 of the City Council Rules of Order and Procedure, the CityCouncil may vote on a motion to reconsider and may also hear the merits of the matter, as it willbe duly advertised. However, the City Council may also schedule the determination on themerits for another date.

Enclosed for your review is i) the original rezoning agenda item package, ii) a revisedLOS evaluation for schools based on current student enrollment numbers, and iii) copies of the

letters requesting reconsideration.

Please advise if you have any questions or concerns.

ry truly urs,

Jan L. Proctor

City Attorney

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Enclosures

cc: James E. Baker, City ManagerRobert N. Geis, Deputy City ManagerJaleh M. Shea, Director, Planning DepartmentSandy Madison, City ClerkMitzi Wright Chief Deputy City Clerk

The City of Chesapeake adheres to the principles of equal employment opportunity.This policy extends to all programs and services supported by the City'

C sapeake City of ChesapeakeVIRGINIA

Department of PlanningPost Office Box 15225

Chesapeake, Virginia 23328- 5225757) 382- 6176

FAX ( 757) 382-6406

MEMORANDUM

TO: The Honorable Mayor and Members • ity I o cil

VIA: James E. Baker, City Manager

FROM: Jaleh M. Shea, AICP, Planning ' irector`,

DATE: November 29, 2016

SUBJECT: Public Hearing Date: December 13, 2016New Business Item: APLN- REZ-2016- 015 - Watson Rezoning

Updated Schools Impact Analysis:

Attached is the updated Chesapeake Public Schools memo dated November 21,2016. This Level of Service analysis is based on the 2016-2017 enrollment data.Since none of the schools in the attendance zone are projected to be over 120%

capacity, the application meets the Level of Service Policy for Adequate SchoolCapacity.

This rezoning application is scheduled for City Council' s consideration onDecember 13, 2016.

Please let us know if additional information is required or if you have anyquestions.

TH: rw

Attachments

cc. Sandy Madison, MMC, City ClerkJan L. Proctor, City AttorneyCatherine H. Lindley, Assistant City AttorneyMary Ann Saunders, Assistant to the City Manager

CHESAPEAKE PUBLIC SCHOOLS312 Cedar Road

Chesapeake, Virginia 23322

757) 547- 0139 • ( 757) 547- 0196 ( Fax)

s

DATE: November 21, 2016

TO: Tim Howlett, Current Planning Admin., City of Chesapeake Planning Department

FROM: A.J. Conlon, Planner, New Construction and Planning Department

SUBJECT: Enrollment, Level of Service, and CIP update for PLN- REZ-2016-015 Watson

Property Rezoning (application dated 07/22/ 2016)

ACREAGE: 2. 3 acres

ZONING: from A- 1, Agriculture Districts to R- 15s, Residential District

UNITS: Maximum of 5 Single-family Detached Units

IMPACT ON STUDENT ENROLLMENT

PROJECTED' PROJECTED

I OF PROJECTEDLOS

STUDENTS I OF CAPACITYCAPACITY

PORTABLES CAPACITY ENROLLMENT FROM STUDENTSPROJECTED

BASED ONBASED ON

SCHOOLSY018-2017 2018-2017 9/ 2016 ALREADY FROMTOTAL PRELIMINARY

9/ 2016

APPROVED PROPOSEDENROLLMENT

ENROLLMENTAPPROVED

PRELIMINARY REZONINGPLANS ANO

THISPLANS

APPLICATION

Chilton10 850 769 10 1 780 118. 3% 120.0%

Elementary

JolI N Middle 0 1150 697 14 1 712 80 8% 61. 9%1

Branch

Western0 2400 2177 64 1 2282 90 1% 94.3%

y

TOTALS 10 4200 3643 108 3 3754

EnroNrnenl xolecI ons are based on the Chesapeake Public School average grade dlstnbuuon of 43/% in grades K- S, 23 914 in grades a- e

and 17 5% n grades 9- 12' or the 2016. 17 school year

As noted in the chart above, the proposed Watson Property Rezoning development is projected toadd a total of 3 students. Based on 2016- 17 enrollment data and the projected number ofstudents, space is expected to be available at Jolliff Middle School and Western Branch HighSchool, however Chittum Elementary School is over capacity.

Upon the development of this project and all unimproved residential lots on approved preliminariesand site plans within each attendance zone, Chittum Elementary School will be 120% of capacity

see Projected LOS Capacity" column in the chart above)

As of July 2016, there were 122 home sites on approved preliminary and site plans in the JolliffMiddle School Planning Area, which are included in the LOS calculations in the chart above It is

important to note that these home sites do not include property that is already zoned for residentialdevelopment for which no site plans have been submitted.

The( ANapr. he P, /, c Schcol 51 slam ii J„ igr.oi' pporram y tch,wl erten1 he School Board til At Oh a/(' Avtap. oke also adheres to the principles ofsgral opperronry and therefor.

prohibit Jun,m, norron to Wool and co, tSa,on$ o/ 4ml, los•nwnr on thy ba, r o/ rn a II, notional argon, color rrlrr,,,n dgr ,, r 411010, 11

OPTIONS TO PROVIDE ADDITIONAL CLASSROOM SPACE:

The timing of this rezoning application' s final plan approval and construction, the construction of thisarea' s already approved plans, the subsequent enrolling of students from these developments, andregular on- going student migration do not allow the school administration to pinpoint specific optionsthat may be utilized to address overcrowding resulting from any one rezoning application. It is also

important to note that it is not the school administration' s practice to make significant attendance zoneadjustments and/ or construct new facilities until it is evident that a need is warranted. In order to

provide classroom space for students already enrolled, students projected to enroll from alreadyapproved developments, and students who may enroll from the proposed development, ChesapeakePublic Schools may utilize one or more of the following housing alternatives:

Add portable classrooms

Relocate educations! programs to another facilityShift grade- levels

Modify existing classroom spaceChange attendance zones

Identify alternative space

If none of the above mentioned options provide sufficient long- term capacity to accommodateovercrowding, one or more of the following projects included in the School Board' s Proposed 2017-2027 Capital Improvement Plan may be necessary:

SCHOOL BOARD' S PROPOSED 2017- 2027 CAPITAL IMPROVEMENT PLAN PROJECT

PROJECTSCHEDULED

COST DESCRIPTIONOPENING DATE

Design and construct an addition to

increase capacity to approximately 950Chittum Elementary School students to accommodate overcrowding

Addition/Renovation 2020. 21 23.694, 300 at Chittum Elementary School ThisUNFUNDED) addition may relieve future overcrowding

at other area primary and intermediateschools.

Should you have any questions or comments regarding the above information, please feel free tocontact me at 547-0580.

Sincerely,

A. Conlon, AICP

Planner

ChesaDeake CBy of ChesapeakeVIRGINIA

November 17, 2016

Sandy MadisonCity ClerkCity of Chesapeake306 Cedar RoadChesapeake, Virginia 23322

Dear Mrs. Madison:

In accordance with City Council's RuJ of Order and ? rocedure, Section14, I am requesting that Public Hearing Item ( D) — PLN-REZ-2016-015

Watson Property, be placed on the December 13, 2016 City Councilagenda for reconsideration. The motion to approve this item failed at theNovember 15, 2016 City Council Meeting by a 4-5 vote with CouncilMembers Davis, West, Krasnoff, Kelly and Ritter voting in opposition.

Thank you for your attention to this matter.

Sincere

Roland J. Davis, Jr.Council Member

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CITY OF CHESAPEAKE

November 18, 2016

Sandy MadisonCity ClerkCity of Chesapeake306 Cedar Road

Chesapeake, Virginia 23322

Dear Mrs. Madison:

In accordance with City Council' s Rules of Order and Procedure, Section14, I am requesting that Public Hearing ! tern ( D) — PLN-REZ-2016-015

Watson Property, be placed on the December 13, 2016 City Councilagenda for reconsideration. The motion to approve this item failed at the

November 15, 2016 City Council Meeting by a 4-5 vote with CouncilMembers Davis, West, Krasnoff, Kelly and Ritter voting in opposition.

Thank you for your attention to this matter.

Sincerely,

J, & WDr. Ella P. Ward

Council Member

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CITY OF CHESAPEAKE

November 18, 2016

Sandy MadisonCity ClerkCity of Chesapeake306 Cedar Road

Chesapeake, Virginia 23322

Dear Mrs. Madison:

In accordance with City Council's Rules of Order and Procedure, Section14, 1 am requesting that Public Heating Item ( D) — PLN- REZ-2016-015

Watson Property, be placed on the December 13, 2016 City Councilagenda for reconsideration. The motion to approve this item failed at the

November 15, 2016 City Council Meeting by a 4-5 vote with CouncilMembers Davis, West, Krasnoff, Kelly and Ritter voting in opposition.

Thank you for your attention to this matter.

Sincerely,

CA.Z:) 1

Robert C. lk , Jr.

Council Member

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