Chesapeake Planning Commission PUBLIC HEARING MINUTES June 8, 2016 CITY COUNCIL CHAMBER - 7:00 P.M.

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1 PUBLIC HEARING MINUTES June 8, 2016 CITY COUNCIL CHAMBER - 7:00 P.M. Call to Order: Chairman Williams called the Public Hearing of June 8, 2016, to order at 7:10 p.m. in the City Council Chambers. Pledge of Allegiance: Commissioner Johnson led in the Pledge of Allegiance to the United States Flag. Invocation: Commissioner Hutchinson offered the Invocation for the evening. Roll Call: Present Marty Williams, Chairman Jason Morris, Vice-Chairman Adam Perry, Secretary Hollis Ellis, Commissioner Dr. Sandi Hutchinson, Commissioner Stephens Johnson, Commissioner John Kish, Commissioner John McCormick, Commissioner George Van Laethem, Commissioner Department of Planning Staff Present Jaleh Shea, Planning Director Karen Shaffer, Assistant Planning Director/Recording Secretary Timothy Howlett, Planning Administrator Mark Hobbs, Senior Planner Renee Pierson, Office Coordinator/Assistant to the Recording Secretary Milissa Story, Senior Planner Bill McKay, Senior Planner City Attorney Staff Present Catherine Lindley, Assistant City Attorney Department of Public Utilities Staff Present Arnie Cuevas, Engineer II Department of Development and Permits Present Jay Tate, PE, Development and Permits Director

2 Page 2 APPROVAL OF MINUTES: Chairman Williams presented the May 11, 2016 Public Hearing minutes into the record for commission action. PLANNING COMMISSION ACTION: MINUTES for the May 11, 2016 Public Hearing were APPROVED by unanimous consent.

3 Page 3 CONSENT AGENDA: PLN-REZ PROJECT: Mary Ann Wood School of Dance APPLICANT: James W. Overton AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of 0.45± acres from R-15s, Residential District to B-1, Neighborhood Business District PROPOSED COMP LAND USE / DENSITY: Assembly EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 677 Oak Grove Road TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be APPROVED with the following proffers: (9-0, Johnson/Van Laethem) 1. The applicant/owner agrees that the property subject to this rezoning shall only be used for a dance studio, which shall be further limited to instruction only. The dance studio shall not exceed 6,000 square feet in gross floor area. 2. A conceptual site plan prepared by Hassel and Folkes, PC a copy of which is on file with the Chesapeake Planning Department, has been submitted to the Chesapeake Planning Department, Planning Commission and City Council for illustrative purposes only and to provide support for this rezoning action. No rights shall vest nor any cause of action shall arise from the submission, review or acceptance of this conceptual site plan. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual site plan will be necessary to accommodate environmental, engineering, architectural, topographic, or other development conditions, and to meet the requirements of applicable laws, ordinances and regulations. All preliminary and final site and subdivision plans are subject to the approval of the Director of Planning, or designee and/or the Director of Development and Permits or designee. A copy of the final approved site plan shall be placed in the file with the Planning Department and the Department of Development and Permits and shall supersede any previously filed conceptual site plan. (This item was approved for concurrent advertising and will be heard by City Council on June 21, 2016)

4 Page 4 Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be APPROVED with proffers as listed in the official agenda. Proponent: Grady Palmer, Williams Mullen, 999 Waterside Drive, Norfolk, Virginia, appeared before the commission on behalf of PLN-REZ , representing himself. COMMISSION VOTE: Commissioner Johnson moved that PLN-REZ be APPROVED with proffers as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. PLN-USE PROJECT: Lawrence Day Care APPLICANT: Janet Lawrence PROPOSAL: A conditional use permit to operate a child care facility. ZONE: B-2, General Business District LOCATION: 126 Kempsville Road TAX MAP SECTION/PARCELS: , BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (9-0, Johnson/Van Laethem) 1. The owner/applicant shall vacate the side property line between Tax Map Parcel # and Tax Map Parcel # prior to the issuance of a Certificate of Occupancy. The vacation of the interior lot line shall be accomplished by recordation of a deed describing the lot line to be eliminated and referencing the recorded plat or other recorded instrument which lawfully created the lot lines.

5 Page 5 2. The owner/applicant shall comply with all requirements of the Chesapeake City Code, Chesapeake Zoning Ordinance and the Virginia Code, 1950 as amended. Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be APPROVED with stipulations, as listed in the official agenda. Proponent: Jonee Nunes, The Stork s Landing Nursery & Day Center, 126 Kempsville Road, Chesapeake, Virginia, appeared before the commission on behalf of PLN-USE , representing The Stork s Landing Nursery & Day Center. COMMISSION VOTE: Commissioner Johnson moved that PLN-USE , be APPROVED with stipulations, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE , be APPROVED with stipulations, as listed in the official agenda. Proponent: Lester Swartzentruber, Swartzentruber Cabinets, 1213 Fentress Airfield Road, Chesapeake, Virginia, appeared before the commission on behalf of PLN-USE , representing himself. COMMISSION VOTE: Commissioner Johnson moved that PLN-USE , be APPROVED with stipulations, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0.

6 Page 6 PLN-USE PROJECT: Lauderdale Daycare APPLICANT: Tanya M. Lauderdale PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-8s, Residential District LOCATION: 3041 Bomar Drive TAX MAP SECTION/PARCEL: BOROUGH: Western Branch PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (9-0, Johnson/Van Laethem.) 1. The applicant/owner shall provide day care for no more than four (4) children, aged twelve (12) years or younger, exclusive of the applicant/owner s own children and any children who reside in the home, until proper licenses have been received from the Department of Social Services. Once the proper licenses have been granted by the Department of Social Services, the applicant/owner shall provide day care for no more than twelve (12) children at any one time, exclusive of the applicant/owner s own children and any children who reside in the home. 2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and state law. 3. The hours of operation for the daycare shall be limited to 7 am to 6 pm, Monday through Friday. 4. The conditional use permit is limited to the applicant only. 5. There shall only be one employee not living in the home on the premises at a time.

7 Page 7 Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE , be APPROVED with stipulations as listed in the Proponent: Tanya Lauderdale, Tumbling Tots Home Daycare, 3041 Bomar Drive, Chesapeake, Virginia, appeared before the commission on behalf of PLN-USE , representing herself. COMMISSION VOTE: Commissioner Johnson moved that PLN-USE , be APPROVED with stipulations, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. PLN-USE PROJECT: Aunties Home Childcare APPLICANT: Lloyd L. and Anita Kearney Bazemore PROPOSAL: A conditional use permit to operate a child daycare as a Level II Home Occupation. ZONE: R-10s, Residential District LOCATION: 2108 Burnside Place TAX MAP SECTION/PARCEL: BOROUGH: Washington PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations: (9-0, Johnson/Van Laethem) 1. The applicant/owner shall provide day care for no more than four (4) children, aged twelve (12) years or younger, exclusive of the applicant/owner s own children and any children who reside in the home, until proper licenses have been received from the Department of Social Services. Once the proper licenses have been granted by the Department of Social Services, the applicant/owner shall provide day care for no more than twelve (12) children at any one time, exclusive of

8 Page 8 the applicant/owner s own children and any children who reside in the home. 2. The daycare shall operate in accordance with the requirements of Chesapeake City Code, Zoning Ordinance and state law. 3. The hours of operation for the daycare shall be limited to 6:30 am to 6:00 pm, Monday through Friday. 4. The conditional use permit is limited to the applicant only. 5. There shall only be one employee not living in the home on the premises at a time. Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-USE , be APPROVED with stipulations as listed in the official agenda. Proponent: Llyod Bazemore, Aunties Home Daycare, 2108 Burnside Place, Chesapeake, Virginia, appeared before the commission on behalf of PLN-USE , representing Aunties Home Daycare. Anita Bazemore, Aunties Home Daycare, 2108 Burnside Place, Chesapeake, VA 23325, appeared before the commission on behalf of PLN-USE , representing Aunties Home Daycare. COMMISSION VOTE: Commissioner Johnson moved that PLN-USE , be APPROVED with stipulations, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. PLN-SUBV PROJECT: Townhomes at Jolliff Landing APPLICANT: Kotarides Developers PROPOSAL: A variance from Sections 70-96(3) of the Subdivision Ordinance to reduce the radius of curvature on a public street from 125 feet to 75 feet. LOCATION: Portsmouth Boulevard, 500 feet west of Hampton Roads Parkway TAX MAP SECTION/PARCELS: , , BOROUGH: Western Branch

9 Page 9 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-SUBV be APPROVED with the following stipulation: (9-0, Johnson/Van Laethem) 1. The applicant/owner shall install additional traffic signage, as required by the Director of Development of Permits or designee, for the proposed reduction in radius of curvature on a public street. All such signage shall be shown on the final subdivision construction plan and shall be installed prior to the issuance of any Certificate of Occupancy. Mrs. Shaffer read PLN-SUBV into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-SUBV , be APPROVED with the stipulation as listed in the official agenda. COMMISSION VOTE: Commissioner Johnson moved that PLN-SUBV , be APPROVED with the stipulation, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. PLN-TXT An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 7, Sections 7-601(c)(11) and (31) and 7-602; Article 8, Sections 8-601(c)(16) and (24) and 8-602; Article 9, Sections 9-501(c)(6) and (19) and 9-502; and Article 12, Section (c) and (d) thereof, to amend the conditions imposed on eating and drinking establishments to require a Conditional Use Permit for eating and drinking places that are open after 10:00 p.m. and have live entertainment provided certain conditions are met and to amend the provisions to ensure the consistency of conditions in all zoning districts.

10 Page 10 PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-TXT , version dated June 7, 2016, be APPROVED: (9-0, Johnson/Van Laethem) Mrs. Shaffer read PLN-TXT , into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-TXT version dated June 7, 2016, be APPROVED as listed in the official agenda. COMMISSION VOTE: Commissioner Johnson moved that PLN-TXT version dated June 7, 2016, be APPROVED, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0. PLN-TXT An Ordinance amending Appendix A of the City Code, entitled Zoning, Article 8, Section to allow the manufacture of parts for small arms as a permitted use in the M-1 Light Industrial, M-2 General Industrial and M-3 Waterfront Industrial zoning districts PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-TXT , version dated May 11, 2016, be APPROVED: (9-0, Johnson/Van Laethem) Mrs. Shaffer read PLN-TXT into the record for commission review and action. Staff Presentation: Mrs. Shaffer stated that based on the findings in the staff report, Planning staff recommended that PLN-TXT version dated May 11, 2016, be APPROVED with as listed in the official agenda. COMMISSION VOTE: Commissioner Johnson moved that PLN-TXT version dated May 11, 2016, be APPROVED, as listed in the official agenda and as recommended by staff. Commissioner Van Laethem seconded the motion. The motion was carried by a vote of 9 0.

11 Page 11 REGULAR AGENDA PLN-REZ PROJECT: St. Charles Place APPLICANT: Ecogreen Development LLC PROPOSAL: A conditional zoning reclassification of approximately 3.95 acres from R-8s, Residential District to R-MF-1, Multifamily Residential District. PROPOSED COMP LAND USE / DENSITY: Medium Density Residential/4± du/acre EXISTING COMP LAND USE / DENSITY: Medium Density Residential/10 du/acre LOCATION: 945 Fentress Road TAX MAP SECTION/PARCEL: BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-REZ be DENIED: (9-0, Van Laethem/Kish) 1. The applicant/owner agrees that residential development on the subject property shall be limited to no more than 16 detached single-family condominiums. 2. The applicant/owner shall establish a condominium association to own and maintain all private common areas, landscape buffers and storm water management facilities associated with the subject property. The condominium association shall be formed before the issuance of the first building permit for a residential structure. 3. The applicant/owner shall convey easements, as determined appropriate by the Director of Public Utilities, to the city for the maintenance of public water and sewer to each residence prior to the issuance of a certificate of occupancy for any dwelling unit. All such easements shall be subject to the review and approval of the Director of Public Utilities or designee which approval shall not be unreasonably withheld. (Continued from the May 11, 2016 Planning Commission Public Hearing)

12 Page 12 Mrs. Shaffer read PLN-REZ into the record for commission review and action. Staff Presentation: Mrs. Story stated that based on the findings in the staff report, Planning staff recommended that PLN-REZ be DENIED. However, if Planning Commission decides to approve this rezoning, the proffers listed in the official agenda are offered. Proponent: Paul Galiotos, Eco Green Development LLC., 127 Greengable Way, Chesapeake, Virginia, appeared before the commission on behalf of PLN-REZ , representing himself. Mr. Galiotos stated that the application is for 16 single-family detached homes, which is the same number permitted under the R-8 Zoning, and there are no substantial changes proposed. He stated that there is no impact to traffic or schools, and that the development is exempt from the LOS policy. Mr. Galiotos further explained that the opposition is due to drainage issues. Additionally he stated that the City wanted to ensure there is no impact to neighbors, and required on site drainage and water filtering, water quality, in light of new state regulations was also an issue. He explained that both the filtering system as well as storm drainage costs would be carried by the development and not the City, as the street would be private and not public. Opponents: Keith Hardison, 909 Pine Level Lane, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing Poplar Ridge South. Kathy Anderson, Poplar Ridge South, 915 High Point Circle, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing Poplar Ridge South. James P. Healy, 824 Priscilla Lane, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing himself. David Leonard, 918 Weeping Willow Drive, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing himself. Susan Leonard, 918 Weeping Willow Drive, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing herself. Linda Church, 1009 Mt. Pleasant Road, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing herself. Gary Heyer, Mt. Pleasant Heights, 1100 Ronlynn Road, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing Mt. Pleasant Heights.

13 Page 13 Donna and Art Koch, 817 Sugar Maple Lane, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing themselves. Diana Lorah, 912 High Point Circle, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing herself. Charles Lynch, 1157 Priscilla Lane, Chesapeake, Virginia, appeared before the commission in opposition to PLN-REZ , representing himself. Speakers in opposition to PLN-REZ , were concerned with drainage, traffic, and overcrowded schools. Mr. Keith Hardison presented a petition to the Planning Commission containing over 400 signatures in opposition to the application. Many of the speakers expressed concern over the overall fit with the current neighborhood of single family homes. Erosion was also amongst the issues communicated, as many residents explained how erosion is already effecting their land. Liability and accessibility to the lake was also a concern as residents are unsure of who will provide finances if a fence was to be built, and the possibility of liability if no fence is installed. Commission Discussion: Commissioner Kish asked Mr. Galiotos about the retention pond and how he will be able to restrict access to new residents and also if the proposed drainage will tie into the existing Best Management Practices or BMP, as part of the storm water management. Mr. Galiotos stated that the water currently drains into the BMP from multiple sources and that the flow rate will not change, he explained that drainage would improve in rainy weather since part of the water would remain on the new development. He also stated that currently there are trees along the retention pond and that some of the neighbors want the trees, while others want a fence. He stated he is willing to put up a fence or leave the trees depending upon what the neighbors want. Commissioner Kish asked if the flow of water is depicted on the diagram. Mr. Galiotos stated that the existing storm drainage easement is depicted. Commissioner Kish asked Mr. Galiotos if he believed his property drains any excess runoff into that current BMP. Mr. Galiotos explained a storm drain analysis was done and that a portion of the water goes to Fentress Road, but that the bulk of water goes to Poplar Ridge Lake. Commissioner Kish then asked Mr. Galiotos how long water would be held at his property before it flowed out. Mr. Galiotos stated there is no increase flow rate. Commissioner Ellis asked Mr. Tate if the retention pond is a public facility that is maintained by the City.

14 Page 14 Mr. Tate stated that it is a public facility located on a private easement. The City has a right to use the property for drainage, but it is owned by the property owners. He stated that he is unsure of the original depth but that it was probably a 5-foot standard, and that the depths vary. Commissioner Ellis asked Mr. Tate if the City takes any responsibility to maintain the lake. Mr. Tate stated that the City currently maintains the drainage flow and there has been a master drainage study done with recommended improvements based upon updated design improvements, in order to prevent flooding. Additionally he stated the depth effects quality, not drainage. It has been identified by the City for necessary improvements. He stated that the priority for capital improvements is established by level of need. Commissioner Ellis asked Mr. Tate if the City prefers private streets versus public streets. Mr. Tate explained that there are considerations for both public and private streets. He stated that private streets are less expensive for the City; however, at times some condominium associations have had difficulty with maintenance of private facilities. Commissioner Van Laethem asked if the proposed cul-de-sac would be large enough to accommodate a school bus turn-around if it is a private street. Mr. Tate stated that there are standards even for private streets, and that there are provisions that would dictate the size. He explained there is a provision that allows for a smaller than standard cul-de-sac that depends on number of units. Commissioner Van Laethem asked if there was a requirement for sidewalks if it is a private street. Mr. Tate stated there is no requirement for sidewalks. Commissioner McCormick asked the Assistant City Attorney, if the property sold would the proffer for the number of units allowed still apply. Ms. Lindley stated that the proffers would stay with the land and would remain through the sale of the property. Commissioner Kish stated that the flooding will exist with or without the new development and advised that the City takes steps to mitigate impact to current property owners. He explained there is a long-term plan for the City to address flooding and residents should look into where in the Capital Improvement Plan the neighborhood specific issue ranks. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-REZ be DENIED as listed in the official agenda and as recommended by staff. Commissioner Kish seconded the motion. The motion was carried by a vote of 9-0.

15 Page 15 PLN-USE PROJECT: Chesapeake Solar Farm APPLICANT: Chesapeake Solar LLC PROPOSAL: A conditional use permit for a 20 megawatt, ground-mounted solar farm. ZONE: A-1, Agricultural LOCATION: Southeastern corner of Rt. 17 and Ballahack Road TAX MAP SECTION/PARCEL: , , and a portion of BOROUGH: Pleasant Grove PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be APPROVED with the following stipulations as listed in the official agenda: (8-1, Ellis/Johnson, Perry opposed) 1. The applicant/owner shall obtain a valid run-off control permit from the Department of Public Utilities prior to the approval of construction plans. 2. The applicant/owner shall submit a plan to construct a temporary construction entrance off of Rt. 17 to the Department of Development and Permits. Said plan shall be subject to the review and approval of the Director of Development and Permits or designee. The approved construction entrance shall be constructed prior to the initiation of land disturbance on the site. 3. The applicant/owner shall submit a Landscape Plan pursuant to Chesapeake Zoning Ordinance Section et seq. prior to final construction plan approval. Said plan shall be subject to the review and approval of the City s Landscape Coordinator and shall require a Buffer Yard D with a six foot security fence on the property abutting Route 17 and shall also include a solid evergreen buffer to screen the adjacent residential properties. All plant materials shall be native to the Great Dismal Swamp and shall be installed prior to the issuance of a Certificate of Occupancy. 4. The applicant/owner shall install and maintain a six foot security fence surrounding the limits of the proposed project site prior to the issuance of a Certificate of Occupancy.

16 Page The applicant/owner shall install the ABB Ultra MW solar power inverters tested by the U.S. Navy Fleet Surveillance Support Center. 6. The Conditional Use Permit is limited to the applicant only. Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mrs. Story stated that based on the findings in the staff report, Planning staff recommended that PLN-USE , be APPROVED with stipulations as listed in the official agenda. Proponent: Jenya Meydbray, DNV GL, th Street, Berkeley, California, appeared before the commission in support of PLN-USE , representing DNV GL. Mr. Meydbray is here to provide technical answers specific to the solar panels. He explained the specifics of the solar panels in question. Kara W. Price, 5900 Colwick Court NW, Concord, North Carolina, appeared before the commission in support of PLN-USE , representing Sun Energy Ms. Price is before the commission to answer any environmental impact concerns concerning the solar panels in question. She stated the Virginia Department of Environmental Quality and state and other organizations have requirements that have to be met for permitting. Kenny Habul, President, Sun Energy 1, 898 Lexington Drive, Greenville, North Carolina, appeared before the commission in support of PLN-USE , representing Sun Energy. Mr. Habul explained background information of application and motivating factors. He described how his company was chosen in a competitive RFP solicitation process by Dominion Power for the first utility scale solar system in Virginia. Mr. Habul went over past experiences with solar panels and gave an overview of the design. After meeting with residents and the owner, the site was redesigned. He then stated that the panels would be 900 feet away from the first home and 550 feet away from the last home. He explained that the panels sit 4 feet off of the ground and 450 feet from the road. He further explained there is no noise or pollution, and there will be a vegetative buffer. Mr. Habul went over fire preparedness, system functions, road access, and construction entrances. Denny Hamlin, 6333 Kennard Drive, Charlotte, North Carolina, appeared before the commission in support of PLN-USE , representing Sun Energy 1. Mr. Hamlin explained that the Virginia Legislator passed two bills in support of solar power and he is in support of those bills and of Sun Energy 1.

17 Page 17 Opponent: David Schleeper, 403 Sawblade Circle, Chesapeake, Virginia, appeared before the commission in opposition of PLN-USE , representing himself. Mr. Schleeper explained the suns energy as it relates to the site and production. He stated he thought the amount of homes that will receive energy and the amount of energy produced is not sufficient. Further he stated that the application does not provide any jobs and that the farmland will become unproductive. He stated that solar energy is political and expressed concern over the long-term effects. Mr. Schleeper is concerned with the motivations of the applicant and the impact on the City of Chesapeake. Juan Ortiz, 5133 Ballahack Road, Chesapeake, Virginia, appeared before the commission in opposition of PLN-USE , representing himself. Mr. Ortiz is concerned with the solar panels, specifically the water systems, chemical spills, wildlife impact, and air quality during construction. He stated the fence and solar farm is aesthetically unpleasing and creates a closed-in environment with the tall fence. Michelle O Neal, 5145 Ballahack Road, Chesapeake, Virginia, appeared before the commission in opposition of PLN-USE , representing herself. Mrs. O Neal stated she and her family moved out to the area for healthy living and is unsure on the long-term effects of the solar panels. She also is concerned with the market value of her home. She stated that the area is zoned for agriculture and that the application is more industrial. Mrs. O Neal is also concerned with the aesthetics of the solar farm. Dave O Neal, 5145 Ballahack Road, Chesapeake, Virginia, appeared before the commission in opposition of PLN-USE , representing himself. Mr. O Neal stated that when the plan was first discussed they had asked for the solar panels to be moved to an area that is out of sight from their house. He stated that he thought the solar farm should be on unusable property. He said it will be located directly behind his home. Richard C. Burroughs, Bayville Farms, 999 Water Side Drive, Suite 1400, Norfolk, Virginia, appeared before the commission in opposition of PLN-USE , representing himself. Mr. Burroughs stated he is the owner of the adjacent dairy farm and is concerned with the drainage from the property, power lines, and other unanswered questions. He stated that he intends to continue farming and believes the appropriateness of the location is an issue.

18 Page 18 Commission Discussion: Commissioner Johnson called Mr. Meydbray and asked him about Mr. Ortiz s concerns over water usage and demands. Mr. Meydbray explained that there will be no water utilized in the solar panel technology other than to rinse off the panels. He then explained that the conversion efficiency is low but that obtaining the energy does not require any fuel. Further Mr. Meydbray explained that there are no chemicals used. Commissioner Perry asked Mr. Meydbray the reasoning for the extreme increase in solar energy. Mr. Meydbray explained the cost of solar equipment is a fraction of what it was previously; a solar panel in 2011 cost as much as a solar plant in Commissioner Perry asked what percentage of the business model is reliant upon federal grant money and subsidies. Mr. Meydbray explained he is from an engineering consultancy that does not receive any solar grants. He further explained that there is a 30% investment tax credit for solar, that expires in 2022, but that he is not aware of all of the grants. He then stated he wanted to address a concern that was stated previously, the efficiency degradation of the solar panels, which he stated was %. Commissioner Perry asked Mr. Meydbray why Chesapeake was chosen as a site for the solar farm. Mr. Meydbray stated he is unaware of siting criteria other than an open area of sun and proximity to the power lines. Commissioner Ellis asked Mr. Meydbray the position of previous municipalities on storm water management. Mr. Meydbray deferred the question to Mr. Habul. Mr. Habul explained that all of the ditches on the proposed site are considered jurisdictional; therefore they are protected, and that there will be additions to the ditches. The Army Corps Report explains this further. Commissioner Ellis then asked if North Carolina municipalities require water quality tests and also if there is a water quantity requirement. Mr. Habul stated the permits that are required from DEQ are traditional stormwater erosion control permits, and are also required to do wetlands delineation from the Army Corps. All of the surface on any site remains impervious, there is no change to the surface, and before the two studies are received they are unable to file for a permit. He further stated there is no effect to ground water since there are no liquids in the system. Commissioner Hutchinson asked Mr. Habul for the site selection criteria for the proposed project.

19 Page 19 Mr. Habul stated that Sun Energy 1 responded to a Dominion RFP amongst other bidders. He explained that when sites are located, federal permits are then filed, and the site is chosen in hopes of keeping the site away from built up residential areas. Farm land is commonly utilized; however a distribution line is necessary. Studies are conducted over a period of time, there are then upgrade improvements that are necessary. Commissioner Van Laethem asked Mr. Habul if the panels are vulnerable to lighting, and what the effects are of a lightning strike. He also asked if the degradation of panels required a replacement timeline, and if the panels reflect light. Finally, he asked how the energy that is specific to this site is routed. Mr. Habul explained the point of interconnection is at one of the boundaries of the property per federal law. Commissioner Van Laethem asked if additional lines would be built. Mr. Habul stated there are no additional lines and there is no reflection. He explained that the panels should not need to be replaced for at least 25 years. Mr. Habul referred to Mr. Meydbray to answer the question about lightning. Mr. Meydbray explained that if the panels are struck by lightning, they would just need to be replaced and that there are other methods utilized that protect electrical circuits. In extreme cases, a lightning rod is put up. Commissioner Van Laethem asked if there is a need for lightning protection during production. Mr. Habul stated the design requirements, and explained the presence of lightning arrestors, and explained that there are also other protections installed. He stated the protection is really for grid fluctuation in order to limit damage. Commissioner Van Laethem asked how many solar farms Sun Energy 1 has installed and what the success rate has been. Mr. Habul explained the history of the company and past projects. He explained the accomplishments of the engineers who designed the project. Commissioner Van Laethem asked staff to explain what the Buffer Yard D is and the height of the required buffer. Ms. Story stated there are specifics to plant installation, and referred to Mr. Tate. Mr. Tate stated he is unaware what specifically is in a Buffer Yard D, but advised there is a tree and lower shrub frequency. He also explained that in the past, applicants have provided an enhanced buffer. Mr. Tate referred to Ms. Lindley.

20 Page 20 Ms. Lindley explained the Zoning Ordinance for Buffer Yard D is , and that it states the buffer should either be a 6 foot fence or a wall off of the property line a certain amount of distance. It also specifies the requirements of vegetation. She stated that the Landscape Coordinator will decide what is best to propose and then apply the standards associated with that choice. Ms. Lindley further explained there are Landscape Specifications Manual that have more specific details about the vegetation. Commissioner Van Laethem stated he asked in order to specify what type of buffer will be along the side that is visible to the residences. He further explained he would like the applicant and homeowners come together on it. Commissioner Morris asked Mr. Habul asked if the picture provided of another solar farm depicted a four feet tall panels. Mr. Habul stated it does. Commissioner Morris asked if Solar Energy 1 is responsible for the project in Currituck, North Carolina. Mr. Habul stated that the project that Solar Energy 1 is a part of in Currituck, North Carolina is only at the beginning stages. He also explained that the company has assisted 19 counties with solar ordinances and vegetation buffers. He explained there is a four-foot berm and six foot trees that are solid around the Currituck project. He said he is willing to increase the buffer or make any changes necessary and work with the residents, but does not think the project will be visible from 1000 feet away. Chairman Williams asked Mr. Habul if he has worked with the fire department on any safety issues. He also asked how communications with the system work. Mr. Habul stated he has. He explained that the system is linked by an internet/phone link and it communicates with headquarters in Moyock. It also communicates with Dominion Power s facilities through sophisticated monitoring systems that send messages to technicians. The system has the capabilities to turn itself off; it can also be powered off remotely by both Sun Energy 1 and Dominion Power. Chairman Williams asked if there was an existing internet connection. Mr. Habul stated that Sun Energy 1 is currently speaking with Verizon about connectivity and explained that it is a mandated aspect of the project. Chairman Williams stated that the cost would be solely the responsibility of the applicant. Mr. Habul stated that he was aware of the cost responsibility. Commissioner Morris asked Mr. Habul if there were any plans for lighting. Mr. Habul stated there will be no lights, that the site will be dormant at night.

21 Page 21 Commissioner Ellis asked if there were plans for a guard shack or maintenance personnel that would be located at the site daily. Mr. Habul stated there is a small warehouse for landscaping and cleaning equipment, along with spare parts. He also explained that during the first year there would be maintenance personnel on site for landscaping and maintenance purposes. Chairman Williams asked how many jobs the project would create while under construction. Mr. Habul stated there would be 600 jobs minimum for the construction period and after initial completion for maintenance, grading, and seeding, there will be about 150 for the following12 months. Chairman Williams asked the expected project start time. Mr. Habul hopes to start construction in August and have the system online in December. Chairman Williams asked if any construction will be done on Ballahack Road. Mr. Habul said there will be none. Commissioner Ellis stated he was recommending approval since Virginia is behind in the development of solar energy and is pleased that the City of Chesapeake will be the first site in Virginia. Commissioner Van Laethem stated he wants to ensure that the applicant is willing to meet with citizens concerning the buffer. Commissioner Perry stated that he will not support the project since he does not believe it is in concert with the Comprehensive Plan. More specifically he expressed concern with moving forward with the Dominion Study not complete. He further explained he is concerned with the uncertainty of the site after 2022 when the grants expire. Commissioner McCormick stated that the City cannot put technology and innovation on hold based upon the Comprehensive Plan limitations or because the Dominion Corridor Study is not developed. He further explained the value of solar energy and the positive impact on the environment. Commissioner Perry explained he is concerned with further development around the site in the future. For that reason he feels it best to pause before making a decision. Commissioner Morris stated he will support the application since it fits with the Comprehensive Plan, is located in the Rural Overlay District, and also based upon land use principles.

22 Page 22 COMMISSION VOTE: Commissioner Ellis moved that PLN-USE , be APPROVED with stipulations as listed in the official agenda and as recommended by staff. Commissioner Johnson seconded the motion. The motion was carried by a vote of 8 1, Commissioner Perry opposed. PLN-USE PROJECT: Zino s Restaurant APPLICANT: MLS Zino s, LLC PROPOSAL: A conditional use permit to amend existing stipulations as approved by City Council on February 18, ZONE: B-4, Shopping Center Business District LOCATION: 850 Old George Washington Highway TAX MAP SECTION/PARCEL: BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that PLN-USE be DENIED: (8-1, Van Laethem/McCormick, Williams opposed) Mrs. Shaffer read PLN-USE into the record for commission review and action. Staff Presentation: Mr. Hobbs stated that based on the findings in the staff report, Planning staff recommended that PLN-USE be DENIED. However, if the Planning Commission decides to approve the applicant s request to eliminate stipulation #3, staff also recommends the elimination of stipulation #2 since it has been completed. Proponent: Sammy Hage, Owner, 850 Old George Washington Hwy, appeared before the commission in support of PLN-USE , representing himself. Mr. Hage stated that he is unsure why there is opposition to his serving food on the deck as there is community support. He feels that the ability to serve food on the deck would lower the noise levels and further stated that it sits over 200 feet away from homes. He explained that the noise from the train supersedes the noise heard from customers on the deck.

23 Page 23 Opponent: Doris Jarrell, 841 Old George Washington Hwy, North, appeared before the commission in opposition of PLN-USE , representing herself. Ms. Jarrell stated that the previous conditional use permit prohibited the drinking on the patio and the speakers not being used has promoted the door being propped open. There have been multiple instances when there have been online advertisements promoting eating on the patio, and the noise level is very high. Duane Jarrell, 841 Old George Washington Hwy, North, appeared before the commission in opposition of PLN-USE , representing himself. Mr. Jarrell stated that during the application process of the previous conditional use permit in 2013, hours were agreed upon between Mr. Hage and the neighbors. He explained that there were previous stipulations that were specific to no food or alcohol on the deck. He stated the police are often there due to the noise. He also referenced the examples of online advertisement. COMMISSION VOTE: Commissioner Van Laethem moved that PLN-USE be DENIED as listed in the official agenda and as recommended by staff. Commissioner McCormick seconded the motion. Chairman Williams was opposed. The motion was carried by a vote of 8-1. DIRECTOR'S ITEMS: None. UNFINISHED AND NEW BUSINESS: Motion to cancel the June 22, 2016 Public Hearing meeting. APPROVED. (9-0, McCormick/Johnson) ADJOURNMENT: There being no further business to bring before the commission, Chairman Williams declared the meeting adjourned at 9:35 p.m. Respectfully submitted, Karen E. Shaffer Assistant Planning Administrator/Recording Secretary RP APPROVED: July 13, 2016.