Docket Item "B" UP-14-25

Robbins Nursery Parking Lot

CITY COUNCIL PACKAGE FOR AUGUST 18, 2015

Page 1 – 2 Application Summary 3 – 4 Planning Commission Draft Minutes 5 – 11 Staff Report: June 30, 2015

12 – 13 Site Photos 14 – 15 Site Plans 16 Aerial 17 GIS Parcel Exhibit

1 APPLICATION SUMMARY

UP-14-25 Robbins Nursery Parking Lot

LOCATION: 1013 Bedford Street

PROPOSAL: A conditional use permit for truck parking and storage.

SUBMITTED: 8-11-14 ACCEPTED: 8-19-14

STAFF RECOMMENDATION Approval with stipulations

PLANNING COMMISSION

HEARING DATES: 5-13-15, 6-10-15, 7-8-15

RECOMMENDATION: APPROVAL with stipulations

VOTE: 7 - 1

ATTACHMENTS

Draft Minutes, Staff Report, Site Photos, Site Plans, Aerial, GIS Parcel Exhibit

2 APPLICATION SUMMARY

UP-14-25 Robbins Nursery Parking Lot

APPLICANT: Robbins Nursery & Landscape Service, Inc. Attn: Mark Robbins 5932 Woodstock Ct Virginia Beach, VA 23464-2119 287-8411 mrobbinsva@cox.net Officers: Mark L. Robbins, President Walter D. Robbins, Vice President Lynn Robbins, Secretary

OWNER: Herbert Wenger 1055 Bedford Street Chesapeake, VA 23322 482-1833 No email address

OWNER: Advantage 4, LLC 5801 Curlew Drive Norfolk, VA 23502 459-2680 No email address Members: John E. Sundstrom, Managing Member Daniel K. McAdoo Jeffrey K. McAdoo Mary Blair

AGENCY: Basnight, Kinser, Telfeyan, Leftwich & Nuckolls, PC Attn: Mr. James A. Leftwich, Jr. 308 Cedar Lakes Drive Chesapeake, VA 23322 382-4157 jleftwich@basnightkinser.com

3 Chesapeake Planning Commission

DRAFT July 8, 2015 Public Hearing Minutes

UP-14-25 PROJECT: Robbins Nursery Parking Lot APPLICANT: Robbins Nursery & Landscaping Service, Inc. AGENCY: Basnight, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A conditional use permit for truck parking and storage. ZONE: A-1, Agricultural District LOCATION: 1013 Bedford Street TAX MAP SECTION/PARCELS: 0620000000211, 0620000000160 BOROUGH: Butts Road (Continued from the June 10, 2015 Public Hearing)

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that UP-14-25 be APPROVED with the following stipulations including the added stipulation #4: (7-1; Van Laethem/Johnson, Kish opposed, Small excused)

1. The applicant/owner shall construct a city standard commercial entrance (CG-11) on Bedford Street to access the subject property. The commercial entrance shall be shown on the Final Site Plan which is subject to the review and approval of the Director of the Department of Development and Permits or designee. Once approved, the entrance shall be constructed and accepted by the city prior to the issuance of a Certificate of Occupancy.

2. The owners (Herbert & Laura Wenger) of tax parcel # 0620000000160, shall convey an access easement to the benefit of the owners (Advantage 4, LLC) of tax parcel # 0620000000211 prior to Final Site Plan approval.

3. The applicant/owner shall plant evergreen plant material, along the entire north side of the parking lot facing Bedford Street and along the entire east side of the parking lot. Plants shall be a minimum 6’-8’ in height at time of installation, reach a minimum height at maturity of 20’ and planted on 10’ centers. All such plantings shall be subject to the review and approval of the Director of Development and Permits or designee and shall be installed prior to the issuance of a Certificate of Occupancy.

4. The applicant/owner shall not repair, service, or perform automotive work with the exception of minor routine repairs on any motor vehicles on the site subject to this use permit.

Mrs. Hanson read UP-14-25 into the record for Commission review and action.

4 Chesapeake Planning Commission DRAFT July 8, 2015 Public Hearing Minutes Staff Presentation:

Mr. Hobbs stated that based on the findings listed in the staff report, Planning staff recommended that UP-14-25 be APPROVED with the stipulations as listed in the official agenda.

Proponent:

James A. Leftwich, Jr., Basnight, Kinser, Leftwich & Nuckolls, PC, 308 Cedar Lakes Drive, Chesapeake, Virginia, appeared before the Commission on behalf of UP-14-25 representing the applicant.

COMMISSION DISCUSSION:

Commissioner Van Laethem asked the Agent if the parking and storage of vehicles would only be done on the gravel area. The Agent confirmed that the parking of vehicles would be done on the gravel area. Commission Van Laethem said vehicles tend to leak fluids and that he did not find any planned environmental protection against this in the application. He also said the application did not mention the maintenance of vehicles and stated this site was not designed to have maintenance or repairs done on vehicles. Commissioner Van Laethem said he was prepared to make a motion and would be adding a stipulation which would read as follows: “The applicant/owner shall not repair, service, or perform automotive work, with the exception of minor routine repairs, on any motor vehicles on the site subject to this Use Permit.”

Commissioner Perry asked the City Attorney if there was a legal interpretation between a minor and major repair. The City Attorney’s Office stated there was not a definition and that the Zoning Administrator would be charged to make that decision.

Chairman Kish asked the Planning Director if this additional stipulation would be enforceable. The Planning Director stated that she felt it would be best answered by the City Attorney’s Office. The City Attorney said she felt confident that the Zoning Administrator would be able to interpret the added stipulation.

Commissioner Perry stated he would not be able to support the additional stipulation and was prepared to make a substitute motion without the added stipulation.

COMMISSION VOTE:

Commissioner Van Laethem moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and included the additional stipulation #4. Commissioner Johnson seconded the motion.

Commissioner Perry moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and as recommended by staff. Commissioner Morris seconded the motion. The motion failed by a tie vote of 4 - 4. Commissioners Williams, Van Laethem, Hutchinson, and Johnson voted against the motion. Commissioner Small was excused.

Commissioner Van Laethem moved that UP-14-25 be APPROVED with the stipulations as listed in the official agenda and included the additional stipulation #4. Commissioner Johnson seconded the motion. The motion was carried by a vote of 7 - 1. Commissioner Kish voted against the motion. Commissioner Small was excused.

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Robbins Nursery Parking Lot UP-14-25 APPLICANT: Robbins Nursery & Landscaping Service, Inc. AGENCY: Basnight, Telfeyan, Leftwich & Nuckolls, PC PROPOSAL: A conditional use permit for truck parking and storage. ZONE: A-1, Agricultural District LOCATION: 1013 Bedford St TAX MAP SECTION/PARCELS: 0620000000211, 0620000000160 BOROUGH: Butts Road