Docket Item "K" ST.C-13-01

Charterhouse Road Street Closure

CITY COUNCIL PACKAGE FOR

MAY 21, 2013

Heard by Planning Commission on May 8, 2012

Page 1 – 2 Petition Summary 3 Planning Commission Minutes 4 Street Closure Agreement 5 – 6 Staff Reports: May 8, 2012 7 – 10 April 30, 2012

11 Site Plan 12 Aerial 13 GIS Parcel Exhibit

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PETITION SUMMARY

ST.C-13-01 Charterhouse Road Street Closure

LOCATION: Charterhouse Road, north of its intersection with Walmart Way and between Chic-fil-A and Battlefield Blvd, N.

PROPOSAL: A street closure request to close approximately seventy-five feet (3,823 SF) of Charterhouse Road.

SUBMITTED: 3-11-13 ACCEPTED: 3-13-13

CITY COUNCIL

HEARING DATE: 4-23-13

ACTION: APPROVED FOR CONCURRENT ADVERTISING

VOTE: 9 - 0

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATE: 5-8-13

RECOMMENDATION: APPROVAL with stipulations

VOTE: 6 - 0

ATTACHMENTS

Street Closure Agreement, Staff Reports, Site Plan, Aerial, GIS Parcel Exhibit

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PETITION SUMMARY

ST.C-13-01 Charterhouse Road Street Closure

PRIMARY PETITIONER: Chick-fil-A, Inc. Attn: Philip A. Barrett 5200 Buffington Road Atlanta, GA 30349 404-765-2732 matthew.stellmaker@chick-fil-a.com Officers: Dan T. Cathy, President/COO/AS James B. McCabe, Senior Vice President/AS/CFO Philip A. Barrett, Vice President B. Lynn Chastain, Asst General Counsel & Vice President Jeanette M. Cathy, Secretary/Treasurer S. T. Cathy, Chairman/CEO Trudy C. White, Director

PETITIONER: Dash-In Food Stores, Inc. SMO, Incorporated Attn: M. L. Strine, President 6355 Crain Highway LaPlata, MD 20646 301-934-2200 No email address Officers: J. Blacklock Wills, Jr. Vice President Ken Halperin, Assistant Secretary Melvin Strine, Chairman/CEO Kim Purdy, Secretary

AGENT: Horton & Dodd, PC Attn: J. Gregory Dodd 300 George Washington Hwy, N Chesapeake, VA 23323 487-4535 gdodd@hdpc.net

3 Chesapeake Planning Commission

DRAFT May 8, 2013 Public Hearing Minutes

ST.C-13-01 PROJECT: Charterhouse Road Street Closure APPLICANT: Chick-fil-A, Inc. AGENCY: Horton & Dodd, PC PROPOSAL: A street closure request to close approximately seventy-five feet (3,823 SF) of Charterhouse Road. ZONE: B-3, Highway Business District LOCATION: Charterhouse Road, north of its intersection with Walmart Way and between Chick-fil-A and Battlefield Boulevard, North BOROUGH: Washington (This item was approved for concurrent advertising and will be heard by City Council on May 21, 2013)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that ST.C-13-01 be APPROVED with the following stipulations: (6-0; Kish/Bell, Hutchinson and Small excused)

1. The applicant agrees to pay the City of Chesapeake through the Planning Department the sum of $42,108.00, as determined by the City, within ten (10) calendar days of the final approval of the closure of the subject alley by the Chesapeake City Council. Failure to remit this fee in a timely manner may render the street closure null and void.

2. The applicant agrees to abide by any other conditions imposed by City Council in the vacation of the right-of-way.

3. The applicant will provide a Public Drainage Easement to be retained over the existing l5” RCP storm drainage pipe as shown on the site plan received on April 30, 2013.

Mrs. Hanson read ST.C-13-01 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that ST.C-13-01 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Kish moved that ST.C-13-01 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 6 - 0. Commissioners Small and Hutchinson were excused.

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Charterhouse Road Street Closure ST.C-13-01

APPLICANT: Chick-fil-A, Inc. AGENCY: Horton & Dodd, PC PROPOSAL: A street closure request to close approximately seventy-five feet (3,823 SF) of Charterhouse Road. ZONE: B-3, Highway Business District LOCATION: Charterhouse Road, north of its intersection with Walmart Way and between Chick-fil-A and Battlefield Boulevard, North BOROUGH: Washington