Docket Item "A" R(C)-10-08

Hanbury Manor

CITY COUNCIL PACKAGE FOR

OCTOBER 18, 2011

Heard by Planning Commission on October 12, 2011

Page 1 – 2 Application Summary 3 – 5 Planning Commission Minutes 6 – 11 Proffer Statement

12 – 28 Staff Report: October 3, 2011 29 Fiscal Impact Analysis 30 Environmental Site Assessment Executive

Summary, Phase I 31 Site Plan 32 Aerial 33 GIS Parcel Exhibit

1

APPLICATION SUMMARY

R(C)-10-08 Hanbury Manor

LOCATION: South side of West Hanbury Road, approximately 750 feet west of Battlefield Boulevard South.

PROPOSAL: A conditional zoning reclassification of 27.340 acres from R-12s, Residential District to R-10s, Residential District to allow for the development of 82 single family residential lots.

SUBMITTED: 11-8-10 ACKNOWLEDGED BY COUNCIL: 5-24-11

CITY COUNCIL

HEARING DATE: 9-13-11

ACTION: APPROVED FOR CONCURRENT ADVERTISING

VOTE: 9 – 0 (Matheson/Ward)

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATES: 6-8-11, 7-13-11, 8-10-11, 9-14-11, 10-12-11

RECOMMENDATION: APPROVAL with proffers

VOTE: 7 - 1

ATTACHMENTS

Minutes, Proffer Statement, Staff Report, Fiscal Impact Analysis, Environmental Site Assessment Executive Summary - Phase I, Site Plan, Aerial, GIS Parcel Exhibit

2

APPLICATION SUMMARY

R(C)-10-08 Hanbury Manor

APPLICANT/OWNER: Abbey Lane, LLC Attn: Michael A. Pelletier 301 Woodards Ford Rd. Chesapeake, VA 23322 436-0117 mikep@almarine.com Members: Kirk J. Woodruff, Managing Partner Michael A. Pelletier, Managing Partner Rebecca C Woodruff, Member Susan W. Pelletier, Member Abbey V. Tolman, Member

APPLICANT/OWNER: Porter L. Young and Sheila J. Young PO Box 15414 Chesapeake, VA 23328 652-6006 sjyoung72@verizon.net

AGENCY: ShepelleWatkinsWhite Consulting & Law PLLC Attn: Shepelle Watkins-White 638 Independence Pkwy, Suite 240 Chesapeake, VA 23320 842-4834 swwhite@swwhitelaw.com

3 Chesapeake Planning Commission

DRAFT October 12, 2011 Public Hearing Minutes

R(C)-10-08 PROJECT: Hanbury Manor APPLICANTS: Abbey Lane Group, LLC and Mr. & Mrs. Porter Lynn Young AGENCY: ShepelleWatkinsWhite Consulting & Law, PLLC PROPOSAL: A conditional zoning reclassification of 27.340 acres from R-12s, Residential District to R-10s, Residential District to allow for the development of 82 single family residential lots. PROPOSED COMP LAND USE / DENSITY: Low Density Residential EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: South side of West Hanbury Road, approximately 750 feet west of Battlefield Boulevard South. TAX MAP SECTION/PARCELS: 0600000001091, 0600000001100, 0600000001110, 0600000001120, 0600000001121, 0600000001122 BOROUGH: Pleasant Grove (Continued from the September 14, 2011 Public Hearing) (This item was approved for concurrent advertising and will be heard by City Council on October 18, 2011)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-10-08 be APPROVED with the following proffers: (7-1; Kish/Johnson, Gerloff opposed, Van Laethem excused)

1. The owner/applicant agrees the subject property shall be developed substantially in conformance with the rezoning exhibit dated August 8, 2011, as determined by the Director of Planning, or designee. However, the rezoning exhibit shall not be construed as being exact in presentation and shall be subject to preliminary subdivision review and approval.

2. The owner/applicant agrees that the subject property shall be developed with the following characteristics:

a. Single-family one story dwellings shall be constructed with a minimum of 2,300 square feet and single-family two story dwellings shall be constructed with a minimum of 2,500 square feet. The dwelling units shall either have raised slabs with three-sided brick skirts or crawl spaces with three-sided brick skirts.

b. Building materials to be used on the exterior of dwelling units shall consist of any combination of cementress products, brick, stone, hardy plank and nailite vinyl siding.

c. The development shall have no more than eighty-two (82) single-family dwelling units.

3. The owner/applicant agrees that it shall dedicate, to the City of Chesapeake as right-of-way, one-half of the necessary land for the ultimate widening of Hanbury Road to a four-lane roadway 120’ in width.

4 Chesapeake Planning Commission

DRAFT October 12, 2011 Public Hearing Minutes

The dedication shall be made prior to final site plan approval for the proposed development.

4. The owner/applicant further agrees to design and construct the full fourth lane of Hanbury Road along the proposed development’s frontage and continue the lane with curbing to the existing curb return at the east side of Kingsbury Drive. Such construction shall include utility relocations, drainage improvements, pavement marking and signage and be completed prior to recordation of the 60th lot.

5. The owner/applicant agrees to provide a non-ingress/egress easement along Hanbury Road, with exception to that portion of Hanbury Road necessary for entrance into the development as shown on the rezoning exhibit dated August 8, 2011.

6. The owner/applicant agrees to make a cash contribution to the City of Chesapeake for capital improvements to public libraries, including but not limited to, land acquisition, design, construction, expansion, renovation and repair of buildings and facilities and acquisition of capital assets necessary to the operation of public libraries. The amount of voluntary cash contribution shall be $711.77 per single-family dwelling unit. The owner/applicant agrees to make the proffered cash contribution on a unit by unit basis as certificates of occupancy are issued.

7. The owner/applicant agrees to make a cash contribution to the City of Chesapeake for capital improvements to public emergency service facilities, including but not limited to, land acquisition, design, construction, expansion, renovation and repair of buildings and appurtenances and acquisition of capital assets necessary to the provision of emergency fire and medical services to the citizens of Chesapeake. The amount of voluntary cash contribution shall be $481.76 per single-family dwelling unit. The owner/applicant agrees to make the proffered cash contribution on a unit by unit basis at the time that any certificate of occupancy is issued.

8. The owner/applicant agrees to make a cash contribution to the City of Chesapeake for capital improvements within the Great Bridge Planning District for public roads, including but not limited to, land acquisition, design, construction, expansion, renovation. The amount of the voluntary cash contribution shall be $2,384.00 per single-family dwelling unit. The owner/applicant agrees to make the proffered cash contribution on a lot by lot basis prior to issuance of a certificate of occupancy.

9. The owner/applicant agrees to make a cash contribution to the City of Chesapeake for capital improvements to impacted schools, including but not limited to, land acquisition, design, construction, expansion, renovation and repair of buildings and related facilities. The amount of voluntary cash contribution shall be $2,500.00 per single-family dwelling

5 Chesapeake Planning Commission

DRAFT October 12, 2011 Public Hearing Minutes

unit. The owner/applicant 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 School Capital Construction Costs and shall be subject to City Council approval prior to appropriation. In the event the cash proffer is not expended for land acquisition or capital improvements within time constraints imposed by state law, the owner/applicant agrees that the cash proffer may be used for capital improvement projects for major repair, maintenance and renovation of public schools in the same school planning area as the rezoned property. The owner/applicant agrees to make the proffered cash contribution on a unit by unit basis at the time that any certificate of occupancy is issued.

Mrs. Hanson read R(C)-10-08 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended R(C)-10-08 be APPROVED with the proffers as listed in the official agenda.

Proponent:

Shepelle Watkins-White, Agent, ShepelleWatkinsWhite Consulting & Law, PLLC, 638 Independence Parkway, Suite 240, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-10-08 representing the applicant.

Eric Garner, WPL, 242 Mustang Trail, Suite 8, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C)-10-08 representing the applicant.

Porter Young, Applicant, PO Box 15414, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-10-08 representing himself.

Opponent:

Gary Scheer, 1221 Kingsbury Drive, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-10-08 representing himself.

The citizen who spoke in opposition was concerned with the value of the homes decreasing, traffic impact, but mostly his concern was with drainage issues.

COMMISSION VOTE:

Commissioner Kish moved that R(C)-10-08 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 7-1. Commissioner Gerloff voted against the motion. Commissioner Van Laethem was excused.

6

7

8

9

10

11