CITY COUNCIL AGENDA July 20, 2010

C I T Y O F C H E S A P E A K E

CITY COUNCIL MEETING

July 20, 2010

6:30 P.M.

City Hall Council Chamber

306 Cedar Road

** ALL PRESENTATION MATERIALS MUST BE REVIEWED BY THE CITY CLERK PRIOR TO 6:30 P.M.**

NOTE: COPIES OF BACKUP MATERIALS FOR ALL AGENDA ITEMS, INCLUDING THE APPLICATION AND SUPPORTING MATERIALS FOR THE PLANNING PUBLIC HEARING ITEMS MAY BE VIEWED IN THE CITY CLERK’S OFFICE OR THE PLANNING DEPARTMENT AT ANY TIME DURING NORMAL BUSINESS HOURS OF 8:00 A.M. TO 5:00 P.M., MONDAY THROUGH FRIDAY, OR ON THE CITY’S WEBSITE BEGINNING AT NOON ON THE FRIDAY PRIOR TO THE COUNCIL MEETING.

REMINDER: p.m. Work Session - 4th floor Human Resources Training Room

5:45 p.m. - Council Member Reports

The City Council Work Sessions and Meetings can be viewed live on WCTV-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) and at CityOfChesapeake.net. Council meetings, but not Work Sessions, may be heard on WFOS-88.7FM. Meetings are retelecast on WCTV-Chesapeake Television (Cox Cable Channel 48 and Verizon Cable channel 43) as well as CityOfChesapeake.net at the following times: Tuesday - Work Session at 11:30 p.m. and Meeting at 12:30 a.m.; Wednesday - Work Session at 1:00 p.m. and Meeting at 2:00 p.m. and Saturday - Work Session at 8:00 p.m. and Meeting at 9:00 p.m.

PLEASE NOTE: Speaker Cards will not be accepted for the Council Meeting after 6:30p.m. Citizens who wish to speak may register on the date of the meeting in the City Council Chamber before 6:30 p.m. Citizens may also pre-register by calling the City Clerk’s Office at 382-6151, Monday through Friday, (8:00 a.m. - 5:00 p.m.) prior to, and including the date of the Council meeting.

ALL INTERESTED PARTIES ARE INVITED TO ATTEND AND BE HEARD AT THE PUBLIC HEARING. Council meetings are telecast live on WCTV-Chesapeake Television (Cox Cable channel 48 and Verizon Cable channel 43) as well as CityofChesapeake.net, and heard on WFOS-88.7FM. The City of Chesapeake will attempt to make reasonable accommodations and services necessary for sensory impaired and disabled citizens. Citizens who wish to receive such accommodations must contact General Services (382-8976), within three working days prior to the meeting.

NO FOOD OR DRINKS PERMITTED IN THE CITY COUNCIL CHAMBER

PLEASE TURN OFF CELL PHONES WHILE IN THE CHAMBER


C I T Y OF C H E S A P E A K E

CITY COUNCIL MEETING

July 20, 2010

6:30 P.M.

City Hall Council Chamber

306 Cedar Road

1. INVOCATION

2. PLEDGE OF ALLEGIANCE TO THE FLAG

3.  ROLL CALL BY CITY CLERK

4.  APPROVAL OF MINUTES

5.  PUBLIC HEARING

APPLICANTS’, AGENTS, AND CITIZENS’ COMMENTS ON PUBLIC HEARING ITEMS

COUNCIL’S CONSIDERATION OF PUBLIC HEARING ITEMS:

A. R-10-02 Discover Life Center APPLICANT: Calvary Revival Church AGENCY: Domingo Gonzalez, Calvary Revival Church PROPOSAL: A conventional zoning reclassification of approximately 6.80 acres from B-3, Business District and R-8s, Residential District to O&I, Office and Institutional District. PROPOSED COMP LAND USE / DENSITY: Office / Institutional EXISTING COMP LAND USE / DENSITY: Business / Commercial LOCATION: 2081-2099 South Military Highway TAX MAP SECTION/PARCEL: 1610000000060 BOROUGH: South Norfolk

The Planning Commission recommends approval.

B. UP-10-11 Discover Life Center APPLICANT: Discover Life Center Chesapeake AGENCY: Domingo Gonzalez, Calvary Revival Church PROPOSAL: A conditional use permit to allow a Residential Care Facility on 6.80 acres. ZONE: O&I, Office & Institutional District SIC CODE: 8361 LOCATION: 2081-2099 South Military Highway TAX MAP SECTION/PARCEL: 1610000000060 BOROUGH: South Norfolk

The Planning Commission recommends approval with the following stipulations:

1.  The owner/applicant agrees that the conditional use permit shall be limited to the applicant, Calvary Revival Church.

2.  The owner/applicant acknowledges that the subject property has four (4) existing entrances on Military Highway. The owner/applicant agrees that the two existing entrances located between the two existing median breaks in Military Highway shall be closed in accordance with the requirements of Development Engineering prior to the issuance of a Certificate of Occupancy.

C. UP-10-07 Bliss Hair Studio APPLICANT: Joyce Daniel AGENCY: Hubbard Law Offices, PC PROPOSAL: A request to operate a hair salon as a Level II home occupation. ZONE: R-15s, Single Family Residential SIC CODE: 723 LOCATION: 608 Avery Court TAX MAP SECTION/PARCEL: 0723001000300 BOROUGH: Pleasant Grove

The Planning Commission recommends approval with the following stipulations:

1. The owner/applicant agrees that the hours of operation shall be Tuesday through Saturday, 8 a.m. to 6 p.m.

2. The owner/applicant agrees that the use will be limited to a one chair beauty salon.

3. The owner/applicant agrees there shall be no outside signage associated with this use permit.

4. The owner/applicant agrees that she shall be the only employee working in the salon and this conditional use permit shall become void if the applicant/owner conveys the property or no longer resides in the dwelling.

D. UP-10-08 Grass Harper Lawn Mower and Repairs APPLICANT: Majid Kouhestani PROPOSAL: A conditional use permit to operate a small engine repair business in an existing shopping center on a 0.44 acre site. ZONE: B-2 General Business District SIC CODE: 7699 (Small Engine Repairs) LOCATION: 2973 South Military Highway, Suite 100 TAX MAP SECTION/PARCEL: 0254012000130 BOROUGH: Deep Creek

The Planning Commission recommends approval with the following stipulations:

1.  No repair work shall be done outside of the building.

2.  All doors to the subject units shall be closed when any engine work is being performed within the facility.

3.  Exhaust calculations demonstrating compliance with the Virginia Mechanical Code will be supplied to and approved by the Department of Development and Permits before any repair work can begin.

E. UP-00-35(Rev 10/09) Texaco Xpress Lube Building Addition APPLICANT: Express Lube of Chesapeake AGENCY: Horton & Dodd, PC PROPOSAL: An expansion of an existing automotive repair facility with three additional service bays and a car wash on a 1.0599 acre site. ZONE: B3, Highway Business District SIC CODE: 7542 (car wash), 7549 (auto repair) LOCATION: 1538 Sam’s Circle TAX MAP SECTION/PARCEL: 0270000000819 BOROUGH: Washington

Planning Commission recommends approval with the following stipulations:

1.  The exterior of the new buildings will be of the same style and use the same materials as the existing building as approved by the Planning Director or designee.

2.  Landscaping in the reduced front yard setback will be 50% greater than what is required by the Landscape and Zoning Ordinances as approved by the City Arborist or designee.

F. UP-10-10 Hickory Towing APPLICANT: Matthew F. Cilento AGENCY: Engineering Services, Inc. PROPOSAL: A conditional use permit to allow outdoor storage in conjunction with an automobile towing operation. ZONE: M-1, Light Industrial District SIC CODE: 7549 LOCATION: 1868 Mount Pleasant Road TAX MAP SECTION/PARCEL: a portion of 0500000000390 BOROUGH: Butts Road

The Planning Commission recommends approval with the following stipulations:

1.  The applicant//owner agrees to dedicate 5’ along its frontage of Mount Pleasant Road to contribute to a 60’ right-of-way and reserve one-half of the ultimate 120’right-of-way in accordance with the 2050 Master Transportation Plan. The dedication shall be recorded or filed for recording prior to issuance of a certificate of occupancy.

2.  The applicant/owner agrees to dedicate the 15’ and 30’ drainage easements shown on the preliminary site plan stamp-dated May 24, 2010. The dedication shall be recorded or filed for recording prior to issuance of a certificate of occupancy.

3.  The applicant/owner agrees to comply with Chapter 19, Article II of the City Code as it pertains to the operation of a Towing Service Storage Yard.

4.  The applicant/owner agrees not to allow the operation or existence of a Junkyard or an Automobile Graveyard, as defined by Chapter 19, Article II of the City Code.

5.  The applicant/owner agrees to take all available measures to prevent the leakage of fluids from motor vehicles brought on the site, including but not limited to, the following:

a. All motor vehicles shall be inspected for leakage before being brought on site. All motor vehicles found to be leaking shall be drained of fluids prior to being brought on site;

b. Oil absorbent chemicals shall be kept readily available on site at all times and shall be used whenever needed to clean up spills or leaks of automotive fluids or other potential harmful substances.

G. UP-10-14 CBN Fenwyck APPLICANT: Christian Broadcast Network (CBN) AGENCY: Vanasse Hangen Brustlin, Inc. PROPOSAL: A conditional use permit to allow a maximum building height of 51 feet for two apartment developments known as Fenwyck Chase and Fenwyck Manor. This exceeds the maximum height of 35 feet allowed in the RMF1, Multifamily Residential District. A height variance by conditional use permit is allowed per Section 6-6102.A.5 of the zoning ordinance. ZONE: R-MF-1, Multifamily Residential District LOCATION: North and south sides of River Birch Run (extended) TAX MAP SECTION/PARCEL: 0280000000045 BOROUGH: Washington

The Planning Commission recommends approval with the following stipulation:

·  The maximum height of the apartment buildings will be limited to fifty-one (51) feet.

H. CP-10-01 75% Proffer Expectation/Amended Collection APPLICANT: City of Chesapeake AGENCY: Chesapeake Planning Department PROPOSAL: A resolution requesting the Planning Commission to consider and make recommendations concerning proposed amendments to the 2026 Comprehensive Plan to modify the proffer policy by reducing twenty-five percent of the maximum amount of anticipated voluntary proffers for schools, roads, emergency service facilities and libraries, and to provide that cash proffers for residential development be paid after final inspection and prior to issuance of a certificate of occupancy in accordance with 2010 General Assembly House Bill 374. LOCATION: City-wide

The Planning Commission recommends approval.

I. City Manager Updates

6. Docket

A. CITIZENS COMMENTS ON AGENDA ITEMS ONLY

B. REGULAR AGENDA

City Manager Item

6. COMMITTEE REPORTS

7. OLD AND NEW BUSINESS

8. CLOSED SESSION (If called)

9. ADJOURNMENT

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