R(PUD)-12-02 Messiah UMC Land Swap (Formerly DC(M)-12-03) CITY COUNCIL PACKAGE for OCTOBER 15, 2013

Docket Item "C" R(PUD)-12-02 Messiah UMC Land Swap (Formerly DC(M)-12-03) CITY COUNCIL PACKAGE FOR OCTOBER 15, 2013

Page 1 – 2 Application Summary 3 Planning Commission Minutes 4 – 9 Development Criteria dated July 17, 2013 10 – 20 Staff Report: August 7, 2013 21 Master Land Use Plan dated December 27, 2012 22 Aerial 23 GIS Parcel Exhibit 1 APPLICATION SUMMARY R(PUD)-12-02 Messiah UMC Land Swap (Formerly DC(M)-12-03)

LOCATION: A portion of an adjacent parcel to the east of 411 Dominion Boulevard, South PROPOSAL: A zoning reclassification of a 2.2 acre portion of an approximately 5 acre parcel from R-15, Residential District to PUD, Planned Unit Development. A modification to the Master Development Plan for Cahoon Plantation, Planned Unit Development, Dominion Commons East, to add a 2.2 acre parcel (portion of Tax Map No: 0460000000261) and remove a 2.2 acre parcel (portion of Tax Map No: 0460000001560) from the Master Development Plan, and to modify the Development Criteria for Cahoon Plantation, Planned Unit Development, Dominion Commons East, pertaining to required road improvements. SUBMITTED: 12-18-13 ACKNOWLEDGED BY COUNCIL: 8-13-13

STAFF RECOMMENDATION Approval with Development/Design Criteria dated July 17, 2013 and Master Development Plan dated December 27, 2012

PLANNING COMMISSION HEARING DATES: 8-14-13 RECOMMENDATION: APPROVAL with Development Criteria dated July 17, 2013 and Master Development Plan dated December 27, 2012 VOTE: 7 - 0

CITY COUNCIL HEARING DATE: 9-17-13 ACTION: CONTINUED TO October 15, 2013 VOTE: 9 – 0 (Craig/Ike)

ATTACHMENTS Minutes, Development Criteria, Staff Report, Master Land Use Plan, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

R(PUD)-12-02 Messiah UMC Land Swap (Formerly DC(M)-12-03)

APPLICANT/OWNER: Messiah United Methodist Church Attn: Trustees 411 Dominion Boulevard Chesapeake, VA 23323 436-1682 No email address

Trustees: Elizabeth A. Reitz Daniel W. Reitz James M. Turner Steven Waltner Fredrick Applegate Donna L. Kumjian

AGENT: ShepelleWatkinsWhite Consulting and Law, PLLC Attn: Shepelle Watkins-White 870 Greenbrier Circle, Suite 405 Chesapeake, VA 23320 842-4833 [email protected]

3 Chesapeake Planning Commission August 14, 2013 Public Hearing Minutes

DC(M)-12-03 PROJECT: Messiah United Methodist Church Land Swap APPLICANT: Messiah United Methodist Church AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A modification to the Master Development Plan for Dominion Commons East, Planned Unit Development, to reclassify 2.2 acre portion of an approximately 5 acre parcel from R-15, Residential District to PUD, Planned Unit Development. PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use EXISTING COMP LAND USE / DENSITY: Regional Mixed Use LOCATION: portion of an adjacent parcel to the east of 411 Dominion Boulevard, South TAX MAP SECTION/PARCEL: portion of 0460000000261 BOROUGH: Deep Creek

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that DC(M)-12-03 be APPROVED with the revised Development Criteria dated July 17, 2013, and the Master Development Plan version dated December 27, 2012. (7-0; Van Laethem/Bell, Small and Williams excused)

Mrs. Hanson read DC(M)-12-03 into the record for Commission review and action.

Staff Presentation:

Mrs. Hanson stated that based on sound planning practices, Planning staff recommended that DC(M)-12-03 with the revised Development Criteria dated July 17, 2013, and the Master Development Plan version dated December 27, 2012 be APPROVED as listed in the official agenda.

COMMISSION VOTE:

Commissioner Van Laethem moved that DC(M)-12-03 with the revised Development Criteria dated July 17, 2013, and the Master Development Plan version dated December 27, 2012 be APPROVED as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. The motion was carried by a vote of 7 - 0. Commissioners Williams and Small were excused.

Development Criteria for Cahoon Plantation Planned Unit Development

(R-PUD-97-01) Approved April 15, 1997 (CP(M)-01-01) Amended June 20, 2001

The Seasons (CP(M)-11-01) Amended May 15, 2012

Eagle Pointe CP(M)-02-01) Amended May 21, 2002 (CP(M)-02-02) Amended September 16, 2003

Dominion Commons East (CP(M)-07-01) Amended June 24, 2008 (CP(M)-10-01) Amended June 15, 2010 (DC(M)-12-02) Amended October 16, 2012 (R(PUD)-12-02) Amended ______, 2013

Revised July 17, 2013 R(PUD)-12-02

COMMERCIAL DEVELOPMENT 71.8± ACRES

1. The commercial community shall be subject to all development criteria related to the (B-2) zoning district as illustrated and periodically updated in the Chesapeake Zoning Ordinance. All uses permitted within the (B-2) zoning district shall be permitted within the commercially designated sites unless otherwise qualified herein. In addition, outdoor recreational uses otherwise conditional in the (B-2) district shall also be considered as permitted within this development. Preliminary site plans for commercial development on the Master Development Plan shall be subject to review and approval by the Planning Commission, as necessary with respect to current policies.

All remaining uses listed as conditional within the (B-2) zoning district may be requested by conventional means of the Use Permit process to City Council.

2. The following criteria shall apply to the commercial development of Parcels C, D, E, F G, H, I, & J as shown on the Master Development Plan dated February 25, 2008 (hereinafter referred to as “Dominion Commons East”). Additionally, the criteria shall apply to the 2.2 acre parcel of property to be conveyed to Chesapeake Development of Hampton Roads, LLC as shown on that exhibit dated 10/6/10 and entitled “Exhibit Showing Proposed Land Transfer for CDHR & Messiah United Methodist Church.” The term “developer” as used herein shall mean Chesapeake Development of Hampton Roads, LLC (CDHR), or its successors in interest. In addition to the following provisions, Dominion Commons East shall be subject to all regulations set out in these Development Criteria.

A. Primary vehicular access to Dominion Commons East shall be located at Cahoon Parkway in accordance with the current Traffic Impact Analysis (TIA) on file with the Department of Public Works dated April 24, 2013. In the event the developer opts to pursue additional or alternative access, or the developer is unable to secure permanent access to Cahoon Parkway, the developer may present a new TIA to the Department of Public Works in support of additional or alternative access at Grassfield Parkway. Any such additional or alternative access shall be subject to the approval of the Director of Public Works, including any acting director or designee (“Public Works”). No final site plan or subdivision plan for any portion of Dominion Commons East, except Parcel C, shall be approved unless and until (i) sufficient public right-of-way is acquired for the primary access, and (ii) all required and proposed access points have been approved by Public Works.

E. The developer agrees that to relinquish any and all claims it may have against the City of Chesapeake for the property acquired by eminent domain condemned with the submittal of any preliminary or final site plan

Revised July 17, 2013 R(PUD)-12-02

6 for any development in Dominion Commons East, it shall establish by the City to construct a roadway as shown on that certain Plat entitled, “Project Parcel #017 Plan Plat Showing Proposed Acquisition For Proposed Right Of Way & Limited Access Line Proposed Permanent Ingress/Egress Easement Proposed Temporary Construction Easement Proposed Permanent Drainage Easement And Proposed Franchise & Public Utility Easement For The City of Chesapeake Tax Parcel 0460000001560 Owned by Chesapeake Development of Hampton Roads, Inc. City of Chesapeake Virginia Project: Dominion Boulevard Improvements” revised dated September 27, 2012, and as shown on that certain Plat entitled “Project Parcel #018 Plat Showing Proposed Acquisition for Proposed Right of Way & Limited Access Line and Proposed Franchise & Public Utility Easement for the City of Chesapeake Tax Parcel 0460000000260 Owned by Chesapeake Development of Hampton Roads, Inc. City of Chesapeake Virginia Project: Dominion Boulevard Improvements” revised June 12, 2012, all of which said property interests were the subject of Certificate of Take filed by the City in the Circuit Court of the City of Chesapeake in Deed Book 8927, page 323. The developer agrees to accept the City’s deposit of $223,796.00 in full settlement of any additional compensation for the property taken including the land taken, temporary and permanent easements and any damages to the residue of the property. ,a 50 foot right- of-way reservation between points (4) and (5) as shown on the Master Development Plan dated February 25, 2008, At such time that the developer files a preliminary site plan or other type of plan for improvements in the vicinity of points 4 and 5, the developer shall construct a roadway over and across the reservation area in a manner that provides access to the adjoining parcels or as otherwise required by the Department of Public Works. The developer shall dedicate this improved roadway to the City for the purpose of furthering the City’s transportation system.

3. The developer agrees to design and construct (or bond for construction) the following off-site road improvements prior to approval of any site plan or subdivision plat for development in excess of the first ten acres, exclusive of Parcel C, unless a different triggering event is listed below. Public Works may approve, but is not obligated to approve, additional acreage based on reliable traffic studies and analysis.

A. The developer agrees to widen Grassfield Parkway within the existing right-of-way to a four lane divided highway in accordance with a Public Works approved plan. Construction of Grassfield Parkway shall be in accordance with all requirements and regulations of the Department of

Revised July 17, 2013 R(PUD)-12-02

7 Public Works and shall include all appurtenances such as turn lanes, striping, curb and gutter, sidewalks, drainage facilities and signage.

B. The developer agrees to widen Cahoon Parkway within the ultimate right- of-way, plus additional right-of-way as may be needed for turning radii, to a four lane divided highway. Construction of Cahoon Parkway shall be in accordance with all requirements and regulations of the Department of Public

Works and shall include all appurtenances such as turn lanes, striping, curb and gutter, sidewalks, drainage facilities and signage.

C. The developer shall construct a dual left turn lane at the intersection of Cedar Road and Dominion Boulevard for northbound traffic on Dominion Boulevard and to extend the southbound right turn lane on Dominion Boulevard at Cedar Road. The developer shall also modify the existing traffic signal at this intersection to accept this improvement as specified by Public Works.

D. The developer shall construct a dual left turn lane at the intersection of Grassfield Parkway and Dominion Boulevard for southbound traffic on Dominion Boulevard. The developer shall also modify the existing traffic signal at this intersection to accept this improvement as specified by Public Works.

E. The developer shall construct an acceleration lane for the northbound Cahoon Parkway free flow right turn lane within the existing right-of-way at Cedar Road. The acceleration lane shall extend from Cahoon Parkway to the existing right turn lane at Greens Edge Drive. The developer shall also modify the existing traffic signal at this intersection as necessary to accept this improvement as specified by Public Works.

F. The developer shall extend the right turn lane for the eastbound approach of the Cedar Road/Cahoon Parkway intersection. to provide adequate length to function as a free flow turn lane. The developer shall also construct an additional lane on Cahoon Parkway to receive the free flow right turn traffic. Such improvements shall be located within the ultimate 140' rights- of-way for Cedar Road and Cahoon Parkway. In lieu of a free flow right turn lane for the eastbound approach of the Cedar Road/Cahoon Parkway intersection and additional lane on Cahoon Parkway, the Director of the Development and Permits may approve a double right turn lane based on an approved level-of-service analysis. Further, that portion of the Dominion Commons property located adjacent to Cahoon Parkway shall have right turn in/out access via the variable width cross reciprocal ingress/egress and

Revised July 7, 2013 R(PUD)-12-02

8 proposed variable width cross reciprocal ingress/egress easement as depicted on that exhibit prepared by wpl Landscape Architecture Land Surveying Civil Engineering entitled “Exhibit C Variable Width Cross Reciprocal Ingress/Egress Easement Exhibit of a Portion of PARCEL “B- 1” Amended Resubdivision of Cahoon Plantation Sheet 3 of 4” dated March 28, 2013. Such access to be designed in accordance with city site plan review procedures.

G. The developer shall dedicate one-half of the ultimate 140' right-of-way on Cedar Road or one-half of the ultimate section if a lesser section is approved by Public Works based on actual geometry. Such dedication shall be provided prior to final site plan approval for any portion of Parcels “C” and “D” respectively.

H. The developer shall provide an acceptable warrant of need analysis for geometric and/or signalization improvements at the intersection of Cahoon Parkway and Grassfield Parkway. Such analysis shall be submitted to the Department of Public Works for review and approval prior to construction plans submittal for road improvements to Cahoon Parkway and Grassfield Parkway. The developer agrees that it will make such right-of-way improvements as are required based on the approved warrant of need analysis and in accordance with a Public Works approved plan.

I. The developer shall provide an acceptable warrant of need analysis for geometric and signalization improvements at each access point to Dominion Commons East. Such analysis shall be submitted to the Public Works for review and approval prior to construction plans submittal for the intersection in question.

The developer agrees that it will make such right-of-way improvements as are required based on the approved warrant of need analysis and in accordance with a Public Works approved plan.

J. The developer shall construct pedestrian/bike path facilities as follows:

Revised July 17, 2013 R(PUD)-12-02

Messiah United Methodist Church Land Swap R(PUD)-12-02 (Formerly DC(M)-12-03) APPLICANT: Messiah United Methodist Church AGENCY: ShepelleWatkinsWhite Consulting and Law, PLLC PROPOSAL: A zoning reclassification of a 2.2 acre portion of an approximately 5 acre parcel from R-15, Residential District to PUD, Planned Unit Development. A modification to the Master Development Plan for Cahoon Plantation, Planned Unit Development, Dominion Commons East, to add a 2.2 acre parcel (portion of Tax Map No: 0460000000261) and remove a 2.2 acre parcel (portion of Tax Map No: 0460000001560) from the Master Development Plan, and to modify the Development Criteria for Cahoon Plantation, Planned Unit Development, Dominion Commons East, pertaining to required road improvements. PROPOSED COMP LAND USE / DENSITY: Regional Mixed Use/Commercial EXISTING COMP LAND USE / DENSITY: Regional Mixed Use/Residential and Regional Mixed Use/Commercial LOCATION: portion of an adjacent parcel to the east of 411 Dominion Boulevard, South and a portion of an adjacent parcel to the east of 411 Dominion Boulevard South TAX MAP SECTION/PARCEL: portion of 0460000000261 and portion of 0460000001560 BOROUGH: Deep Creek