Docket Item "H" UP-13-29

Dominion Boulevard Improvement Project

CITY COUNCIL PACKAGE FOR SEPTEMBER 16, 2014

Page 1 – 2 Application Summary 3 – 4 Planning Commission Draft Minutes 5 – 14 Staff Report: August 1, 2014

15 Site Plan 16 Aerial 17 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-13-29 Dominion Boulevard Improvement Project

LOCATION: On the north and south sides of Drumcastle Ln and the Scenic Pkwy terminus

PROPOSAL: A conditional use permit to allow for the excavation of a borrow pit on a 16.5± acre portion of a site totaling 40.1± acres.

SUBMITTED: 5-20-14 ACCEPTED: 5-22-14

STAFF RECOMMENDATION

Approval with stipulations

PLANNING COMMISSION

HEARING DATES: 6-11-14, 7-9-14, 8-13-14

RECOMMENDATION: APPROVAL with stipulations

VOTE: 8 - 0

ATTACHMENTS

Draft Minutes, Staff Report, Site Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-13-29 Dominion Boulevard Improvement Project

APPLICANT: E. V. Williams Construction Company Attn: James A. Openshaw, President 925 Military Highway, South Virginia Beach, VA 23464 420-1140 DellonB@evwilliams.com Members: Subsidiary of The Branch Group

E. V. Williams, Inc. Branch Highways, Inc. R. E. Daffan, Inc. G. J. Hopkins, Inc. CSE Carolina, Inc. Branch and Associates, Inc. Canal Walk Builders, Inc. Wild Wood Park, LLC

OWNER: Dominion Boulevard, LLC Attn: William G. Darden, Managing Member 1001 Scenic Boulevard, Suite 104 Chesapeake, VA 23322 523-2569 darden@hearndon.com Members: William G. Darden, Managing Member Roland Carroll Smith, Trustee Emil A. Viola The R. Curtis Saunders, Jr. Revocable Trust Whitney G. Saunders GBMCII, LLC George B. Hill Sheryl H. Reynolds Douglas C. Smith Hearndon Construction Corporation Galberry Corporation

AGENCY: Hassell and Folkes, PC Attn: James Bradford 325 Volvo Parkway Chesapeake, VA 23320 547-9531 jimb@hfpc-online.com

3 Chesapeake Planning Commission

DRAFT August 13, 2014 Public Hearing Minutes

UP-13-29 PROJECT: Dominion Boulevard Improvement Project APPLICANT: E V Williams Construction Company AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to allow for the excavation of a borrow pit on a 16.5± acre portion of a site totaling 40.1± acres. ZONE: PUD-IP, Planned Unit Development LOCATION: On the north and south sides of Drumcastle Lane and the Scenic Parkway terminus TAX MAP SECTION/PARCELS: portions of 0581003000230, 0581003000040, 0581003000050, 0581003000060 BOROUGH: Deep Creek (Continued from the July 9, 2014 Public Hearing)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-13-29 be APPROVED with the following stipulations: (8-0; Bell/Williams, Small excused)

1. The approved site plan for the borrow pit shall depict a six (6) foot chain link fence around the entire perimeter of the excavation area. The applicant/owner shall install the fence prior to commencing excavation and maintain the fence in good repair until the completion of restoration activities. The fence gate shall be kept locked and secured except when in use by haul trucks and other vehicles necessary to the operation of the borrow pit.

2. The applicant/owner shall provide an onsite permanent sign onsite with emergency contact information for public safety officials which shall be clearly identified on the approved final construction plan.

3. The applicant/owner shall provide an onsite sign(s) to clearly warn the public of danger and no trespassing which shall be clearly identified on the approved final construction plan.

4. The applicant/owner shall provide a Phase I Environmental Site Assessment as part of the borrow pit restoration procedure as deemed necessary by the Department of Public Works. In the event that excavation activities reveal or indicate that any type of solid waste, contaminated soils or contaminated groundwater exists or existed on the site, the applicant/owner shall be required to provide the City with a Phase I Environmental Site Assessment at the cessation of excavation and prior to commencing restoration. The Department of Public Works may require a Phase II Environmental Site Assessment if deemed necessary to eliminate concerns relating to the safe development and use of the property for the recreational or conservation end uses. In the event solid waste or soil or water

4 Planning Commission DRAFT August 13, 2014 Public Hearing Minutes

contamination is found to still exist on the site, the applicant/owner shall perform clean-up and remediation as recommended by the Phase II report or as required by the State, Federal or City governments or any agency or department thereof. No portion of the surety bond shall be released, nor shall any restoration activities be permitted, until such time that all such clean-up and remediation is completed.

5. The approved final site construction plan, plan of operation and end use plan as required under Section 26-244 of the Chesapeake City Code shall depict the overburden storage areas.

6. The applicant/owner shall comply with all requirements of Chapter 26 of the Chesapeake City Code.

Mrs. Hanson read UP-13-29 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that UP-13-29 be APPROVED with the stipulations as listed in the official agenda.

COMMISSION VOTE:

Commissioner Bell moved that UP-13-29 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Williams seconded the motion. The motion was carried by a vote of 8 - 0. Commissioner Small was excused.

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Dominion Blvd Improvement Project UP-13-29 APPLICANT: E V Williams Construction Company AGENCY: Hassell & Folkes, PC PROPOSAL: A conditional use permit to allow for the excavation of a borrow pit on a 16.5± acre portion of a site totaling 40.1± acres. ZONE: PUD-IP, Planned Unit Development LOCATION: On the north and south sides of Drumcastle Ln and the Scenic Pkwy terminus TAX MAP SECTION/PARCELS: portions of 0581003000230, 0581003000040, 0581003000050, 0581003000060 BOROUGH: Deep Creek