City Council Work Session

August 15, 2017

A Regular Work Session of the Chesapeake City Council was held August 15,

2017 at 4:45 p.m., in the City Hall Building, 306 Cedar Road.

Present: Council Member Lonnie E. Craig

Council Member Roland J. Davis, Jr.

Council Member Robert C. Ike, Jr.

Council Member John de Triquet

Council Member Suzy H. Kelly

Mayor Alan P. Krasnoff

Council Member S. Z. “Debbie” Ritter

Vice Mayor Richard “Rick” West

Absent: Council Member Ella P. Ward (excused)

Present from Administration: City Manager James Baker, City Attorney Jan Proctor,

Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis, City

Clerk Sandy Madison, Director of Planning Jaleh Shea, Director of Public Works Eric

Martin, Procurement Administrator Anthony Cannion, Principal Planner John Harbin,

Comprehensive Planning Administrator Mark Woodward, Administrative Assistant III

Nicole Benson and other staff members.

Others Present: Assistant City Attorneys Richard Hartwick and Kelly Lackey

The following topics were discussed during the Work Session:

The Work Session adjourned at 5:51 p.m.

/cs

1. Upcoming Agenda Items

2. Public-Private Education Facilities and Infrastructure Act (PPEA) and

Public-Private Transportation Act (PPTA)

3. Internal Audit – Library/Development & Permits

Regular City Council Meeting August 15, 2017

A Regular Meeting of the Chesapeake City Council was called to order by Mayor

Alan P. Krasnoff on August 15, 2017 at 6:30 p.m. in the City Hall Building, 306 Cedar

Road.

INVOCATION: Council Member Lonnie E. Craig

PLEDGE OF ALLEGIANCE: Cheyenne Weaverling, Deep Creek Middle School

ROLL CALL BY CLERK OF COUNCIL:

Present: Council Member Lonnie E. Craig

Council Member Roland J. Davis, Jr.

Council Member John de Triquet

Council Member Robert C. Ike, Jr.

Council Member Suzy H. Kelly

Mayor Alan P. Krasnoff

Council Member S. Z. “Debbie” Ritter

Council Member Ella P. Ward

Vice Mayor Richard “Rick” West

Absent: None

Present from the Administration: City Manager James Baker, City Attorney Jan

Proctor, Deputy City Manager Wanda Barnard-Bailey, Deputy City Manager Robert Geis,

Assistant City Attorney Catherine Lindley, Planning Director Jaleh Shea, City Clerk Sandy

Madison and other staff members.

APPROVAL OF MINUTES

Mayor Krasnoff stated there were no minutes submitted for approval.

Council Member de Triquet, on a motion seconded by Council Member Ward,

moved to suspend City Council’s Rules of Order and Procedure to amend the agenda to

add an item.

There was no discussion.

On the motion to suspend City Council’s Rules of Order and Procedure to amend

the agenda to add an item, voting yes: Council Members Craig, Davis, de Triquet, Ike,

Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

Vice Mayor West, on a motion seconded by Council Member Ward, directed staff

to identify appropriate facilities or athletic fields to honor Hall of Fame receipient Kenny

Easley.

There was no discussion.

On the motion to direct staff to identify appropriate facilities or athletic fields to

honor Hall of Fame receipient Kenny Easley, voting yes: Council Members Craig, Davis,

de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

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

City Clerk Madison identified the following speaker:

August 15, 2017

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Jo Anne Gallant, 714 Creekwood Drive, spoke in opposition to Public Hearing Item

(N).

COUNCIL’S CONSIDERATION OF THE PUBLIC HEARING ITEMS

I. PLN-USE-2016-043 Sentara at Edinburgh APPLICANT: MPB Inc.

AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a Medical Care

Facility which operates as a Women’s Diagnostic Facility including mammography,

ultrasound and bone densitometry services on a portion of a 12 acre parcel. ZONE: PUD,

Planned Unit Development District LOCATION: 1933 Edwin Dr. TAX MAP

SECTION/PARCEL: 0730000001860 BOROUGH: Pleasant Grove (Continued from the

January 17, April 18 and July 18, 2017 City Council meetings)

Staff and the Planning Commission recommended approval with the stipulation,

including additional stipulation #2, as follows:

1. The subject use permit shall be limited to the 4,351 square foot portion of

the second floor, as depicted on the floor plan attached to this report and dated September

27, 2016.

2. This use permit shall be limited to a Women’s Diagnostic Facility which only

performs the following services: mammography, ultrasound and bone densitometry.

City Clerk Madison presented the item and stated the agent had submitted a letter

requesting a continuance to the September 19, 2017 City Council meeting.

Mayor Krasnoff recognized Council Member de Triquet, who read the following

Statement of Abstention: “I am abstaining from participating in Planning Public Hearing

Item (I), Sentara at Edinburgh, because I have a professional relationship with Sentara

and wish to avoid any appearance of impropriety.”

Council Member Ritter, on a motion seconded by Council Member Craig, moved

to continue PLN-USE-2016-043 to the September 19, 2017 City Council meeting.

There was no discussion.

On the motion to continue PLN-USE-2016-043 to the September 19, 2017 City

Council meeting, voting yes: Council Members Craig, Davis, Ike, Kelly, Krasnoff, Ritter,

Ward and West.

Voting no: None (Council Member de Triquet abstained)

J. PLN-USE-2017-028 Plan Bee Academy APPLICANT: Plan Bee

Academy AGENCY: Saunders & Ojeda P.C. PROPOSAL: A conditional use permit to

expand an existing private school. ZONE: R-15s, Residential District LOCATION: 4500

Peek Trail TAX MAP SECTION/PARCEL: 0150000001323 BOROUGH: Western

Branch (This item was approved for concurrent advertising at the July 11, 2017 City

Council meeting.)

Staff and the Planning Commission recommended approval with the following

stipulations:

1. The applicant/owner agrees to limit student enrollment to no more than 150

students at any one time.

2. The applicant/owner agrees that the private school’s hours of operation

shall be between 7:00 a.m. and 6:00 p.m., Monday through Friday.

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City Clerk Madison presented the item and stated the following speakers were

present and available for questions:

Corey Holmes, 4500 Peek Trail, representing Plan Bee Academy.

Whitney G. Saunders, 617 West Riverview Drive, representing Saunders & Ojeda

P.C.

Planning Director Shea presented the staff recommendation.

Council Member Ritter, on a motion seconded by Council Member Ward, moved

approval of PLN-USE-2017-028, with stipulations, as presented.

There was no discussion.

On the motion to approve PLN-USE-2017-028, with stipulations, as presented,

voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward

and West.

Voting no: None

K. PLN-TXT-2017-002 Computer-Based Gaming An Ordinance amending

Appendix A of the City Code, entitled “Zoning,” Article 3, Section 3-403; Article 7, Sections

7-601 and 7-602; Article 8, Sections 8-601 and 8-602; and Article 19, Section 19-411 to

amend the definition of computer-based gaming establishments to be consistent with the

Virginia Code, add a definition for satellite wagering establishments, and make satellite

wagering establishments a permitted use in certain zoning districts provided all conditions

are met.

Staff recommended approval of version dated June 20, 2017.

The Planning Commission recommended approval of version dated July 12, 2017

with the following amendments:

1. Amend the permitted distance from residential properties put forth in CZO

Sections 7-601 and 8-601 from 200 feet to 1000 feet for both computer-based gaming

facilities and satellite wagering facilities.

2. Amend the parking conditions put forth in CZO Section 19-411 to require

one parking space for every 25 square feet of gross floor area, plus one space per

wagering terminal or satellite wagering terminal, as applicable, for both computer-based

gaming establishments and satellite wagering facilities.

City Clerk Madison presented the item and identified the following speakers in

support of Public Hearing item (K):

John Hannum, 38 Garrett Street, Warrenton, Virginia, representing the Virginia

Equine Alliance.

David Lermond, 6724 Thicket Place, Sandston, Virginia, representing the Virginia

Racing Commission.

Serena Post-DeMallie, 721 Greefield Lane, representing self.

Rogard Ross, 3800 Rivercrest Place, representing Friends of Indian River.

Sharon Komenda, 3800 Rivercrest Place, representing self.

Edward Manning, 3117 Pelham Street, representing Buckets Bar & Grill, was

available for questions.

City Clerk Madison identified the following speaker in opposition to Public Hearing

Item (K):

Victoria Nicholls, 1124 Mill Lake Quarter, representing self.

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Council Member Ike, on a motion seconded by Council Member Ritter, moved to

continue PLN-TXT-2017-002 to the September 12, 2017 City Council meeting.

There was no discussion.

On the motion to continue PLN-TXT-2017-002 to the September 12, 2017 City

Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,

Krasnoff, Ritter and West.

Voting no: Council Member Ward

L. PLN-STCL-2017-001 Callison Drive Street Closure APPLICANT: Chesapeake

Department of Public Works PROPOSAL: A street closure petition for approximately 250

linear feet of the eastern terminus of Callison Drive (11,002 square feet). ZONE: O&I,

Office and Institutional District LOCATION: Eastern terminus of Callison Drive TAX MAP

SECTION/PARCEL: N/A BOROUGH: Pleasant Grove

Staff and the Planning Commission recommended approval with the following

stipulations:

1. The petitioner, also referred to as the adjoining property owner of tax

parcel 0481005000010, agrees to pay the City of Chesapeake through the Planning

Department the sum of $34,000.00, as determined by the City, within ten (10) calendar

days of the final approval of the closure of the subject street, alley, easement, or public

right-of-way by the Chesapeake City Council. Failure to remit this fee in a timely manner

shall render the public right-of-way/street closure null and void.

2. The City of Chesapeake agrees to record the duly adopted ordinance of

the Chesapeake City Council in the Chesapeake Circuit Court Clerk’s Office upon timely

receipt of the aforesaid payment, which will form basis for the title to the subject property

in favor of the adjoining property owner.

3. The adjoining property owner agrees to abide by any other conditions

imposed by City Council in the vacation of the public right-of-way/street.

4. The City reserves water/sewer and drainage easements in the area

subject to this street closure, as depicted on the exhibit entitled, “Exhibit A Showing

Proposed Closing of a Portion of Callison Drive,” prepared by Horton & Dodd, P.C. and

dated April 5, 2017. The adjoining property owner shall record an easement agreement

for the referenced easements, on forms acceptable to the City Attorney, prior to the

issuance of the final certificate of occupancy.

5. The City reserves a temporary ingress and egress easement for all

existing public access on the site subject to this street closure, as depicted on the exhibit

entitled, “Exhibit A Showing Proposed Closing of a Portion of Callison Drive,” prepared

by Horton & Dodd, P.C. and dated April 5, 2017. The adjoining property owner shall

maintain the City’s existing access until a site plan with alternative access has been

reviewed and approved by the Army Corp of Engineers and submitted to and approved

by the City and is constructed.

6. All improvements made within the area subject to this street closure shall

be in conformance with the Great Bridge Village Plan, as determined by the Director of

Planning or designee.

7. No buildings shall be constructed in the area subject to this street closure.

The adjoining property may construct accessory structures in the area subject to the

August 15, 2017

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street closure, however, the adjoining property owner agrees to perpetually provide the

City with unhindered, free access to said area, as is deemed necessary by the City. All

parties agree that the petitioner shall be limited to placing landscaping, pavers, sidewalk,

entrance improvements, outdoor seating, sitting areas with benches and walkways in

the area subject to this street closure, unless otherwise specifically allowed pursuant to

the easement agreements referenced above. Further, in the event of removal or

disturbance by the City of any of these elements, the petitioner shall be solely

responsible for the repair and/or replacement.

Mayor Krasnoff advised that due to an emergency event, a continuance was

requested to the September 12, 2017 City Council meeting.

City Clerk Madison presented the item and stated the following speaker was in

support of Public Hearing Item (L):

Jerry Edmonds, 828 Rockglen Circle, representing self, concurred with the

continuance request.

City Clerk Madison identified the following speakers in opposition to Public

Hearing Item (L):

Donna Swain, 145 Wilson Drive, representing self, concurred with the

continuance request.

Lorrie Gilbert, 104 Hall Drive, representing self, concurred with the continuance

request.

Rodney Quick, 209 Mann Drive, representing self.

Dreama Quick, 209 Mann Dr, representing self, concurred with the continuance

request.

City Clerk Madison identified the following speaker:

Maryann Payne, 140 Albemarle Drive, representing self.

City Clerk Madison identified the following speakers who were not present when

called:

Michelle F. Capucci, 117 Mann Drive, representing self.

Jim Duke, 105 Hall Drive, representing self.

Katie Duke, 105 Hall Drive, representing self.

Susan Lemley, 140 Wilson Drive, representing self.

Gary Wright, 459 New Zealand Reach, representing self.

Vice Mayor West, on a motion seconded by Council Member Ike, moved to

continue PLN-STCL-2017-001 to the September 12, 2017 City Council meeting.

Council Member Ritter requested the revised staff recommendations be provided

to Council.

There was no additional discussion.

On the motion to continue PLN-STCL-2017-001 to the September 12, 2017 City

Council meeting, as presented, voting yes: Council Members Craig, Davis, de Triquet,

Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

M. PLN-USE-2017-023 Off the Hook Parking Lot APPLICANT: Hooked

Group LLC AGENT: Williams Mullen PROPOSAL: A conditional use permit to allow a

parking lot for a proposed restaurant on a .6 acre lot zoned R-15s, Residential District.

August 15, 2017

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ZONE: R-15s, Residential District LOCATION: 137 Wilson Drive TAX MAP

SECTION/PARCEL: 0481005000190 and a portion of 0481005000010 BOROUGH:

Pleasant Grove

Staff and the Planning Commission recommended denial.

Should City Council be inclined to approve the application, Planning staff

recommended the following stipulations:

1. The applicant/owner agrees that the sole use of the property shall be for

vehicular parking.

2. The applicant/owner agrees that there shall be no direct vehicular access

from the parking lot on tax map parcel 0481005000190 onto Wilson Drive. Further, the

applicant/owner shall record a 1' non-ingress/egress easement, on forms acceptable to

the City Attorney, along the entirety of the referenced tax map parcel's (137 Wilson Drive)

frontage on Wilson Drive prior to the approval of a final site plan for the parking lot.

3. The applicant/owner agrees to install and maintain a Buffer Yard "D" along

the west, south, and north boundary lines of tax parcel 0481005000190 (137Wilson

Drive). This Buffer Yard "D" shall consist of the required plantings and a six (6) foot

opaque fence along the portion of the shared property lines of subject property and tax

map parcels 0481005000180 and 0481005000200 that are not in the secondary front

yard. In the portion of the referenced shared property lines that is within the secondary

front yard, the applicant/owner shall either receive approval for and install a six (6)

foot fence pursuant to Chesapeake Zoning Ordinance Section 14-201 or install a three

(3) foot berm or four (4) foot fence and enhanced landscaping as described below. In

addition, along the western property line on Wilson Drive, a three (3) foot berm will be

installed and maintained with a 25% increase in the required vegetation. The

applicant/owner shall submit a landscape plan to the Landscape Coordinator during site

plan review. This landscape plan shall be subject to the review and approval of the

Landscape Coordinator, minor adjustments may be made to accommodate site

constraints as determined by the Landscape Coordinator. The applicant/owner shall

install the Buffer Yard, fencing, berm, and all plantings in the approved landscape plan

prior to the approval of a certificate of occupancy on tax map parcel 0481005000010.

4. The applicant/owner acknowledges that Battlefield Boulevard will serve as

one of two means of ingress and egress to this parking lot via tax map parcel

0481005000010. To this end, the applicant/owner acknowledges and understands that

Battlefield Boulevard will likely become a divided roadway which may impact the access

that the property's subject to this rezoning have on Battlefield Boulevard. If Battlefield

Boulevard becomes a divided roadway, the property's ingress/egress access to

Battlefield Boulevard will be limited to a minimum of, "right-in, right-out" condition. The

owner/applicant and its assigns agree that the City has not made any guarantees

regarding said access. Further, the applicant/owner and the assigns agree that the City

shall not be liable for any claim of damages or compensation in relation to access on

Battlefield Boulevard. No terms within this stipulation shall be interpreted to limit tax map

parcel 0481005000010 to fewer than two full functioning points of ingress and egress,

only one of which shall be onto Battlefield Boulevard.

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5. The applicant/owner agrees to comply with the Great Bridge Village District

access management plan, as determined by the Director of Development and Permits or

designee. Compliance with the access management plan shall include, but not be limited

to include, dedicating ingress/egress easements to the City in furtherance of the plan at

no cost to the City. In addition, the applicant/owner agrees to convert the current

unrestricted vehicular ingress/egress between Callison Drive and tax parcel

0481005000010 to a gated access in the event that an alternative secondary vehicular

access for tax map parcels 0481005000190 and 0481005000010 to Albemarle Drive is

available. This conversion shall be completed within sixty (60) days after the issuance of

a notice to proceed issued by the director of Development and Permits or designee.

Mayor Krasnoff advised that due to an emergency event, a continuance was

requested to the September 12, 2017 City Council meeting.

City Clerk Madison presented the item and identified the following speakers in

opposition to Public Hearing Item (M):

Maryann Payne, 140 Albemarle Drive, representing self.

Donna Swain, 145 Wilson Drive, representing self, concurred with the continuance

request.

Susan Lemley, 140 Wilson Drive, representing self, was not present when called.

Michelle F. Capucci, 117 Mann Drive, representing self, was not present when

called.

Nathan Fawley, 221 Hall Drive, representing self, was not present when called.

Lorrie Gilbert, 104 Hall Drive, representing self.

Council Member de Triquet, on a motion seconded by Vice Mayor West, moved to

continue PLN-USE-2017-023 to the September 12, 2017 City Council meeting.

There was no discussion.

On the motion to continue PLN-USE-2017-023 to the September 12, 2017 City

Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly,

Krasnoff, Ritter, Ward and West.

Voting no: None

N. PLN-PUDC-2016-008 The Confluence at Dominion Park APPLICANT:

Breeden Investment Properties, Inc. AGENCY: Shepelle/Watkins-White Consulting &

Law PROPOSAL: A conditional zoning reclassification of approximately 119 acres from

A-1, Agricultural District, R-15, Residential District, R-25(A)s, Residential District and B-

2, General Business District to PUD, Planned Unit Development District. PROPOSED

COMP LAND USE / DENSITY: Dominion Boulevard Corridor Study with an overall

residential density of 6.07 units per acre and Business/Commercial EXISTING COMP

LAND USE / DENSITY: Dominion Boulevard Corridor Study with an overall residential

density of 5.92 units per acre and Business/Commercial LOCATION: North side of

Dominion Boulevard, west of Scenic Parkway TAX MAP SECTION/PARCEL:

0450000000100, 0450000000101 0450000000070, 0450000000071, 0450000000072,

0450000000220, 0450000000221, 0450000000230, 0450000000231, 0450000000241,

0570000000691, 0450000000240 BOROUGH: Deep Creek

Staff recommended denial.

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The Planning Commission recommended approval with the Master Land Use Plan

and the Development Criteria dated June 2, 2017.

City Clerk Madison presented the item.

Mayor Krasnoff read the following Statement of Abstention: “I am abstaining from

participating in Planning Public Hearing Item (N), The Confluence PUD, because I have

been involved in discussions with the management and board of directors for the

Chesapeake Hospital Authority regarding this application. Based on the content of these

discussions, I am of the opinion that I should abstain from this matter in order to avoid

any appearance of impropriety.”

Mayor Krasnoff relinquished the gavel to Vice Mayor West.

Vice Mayor West recognized Council Member Kelly, who read the following

Statement of Abstention: “I am abstaining from participating in Planning Public Hearing

Item (N), The Confluence PUD, because the engineer for the application, American

Engineering, is actively working on the design and construction of the new headquarters

building for my company, Jokell, Inc. In light of the current contractual relationship

between Jokell and American Engineering, I am of the opinion that I should abstain from

this matter in order to avoid any appearance of impropriety.”

Vice Mayor West stated the agent submitted a letter requesting a continuance to

the September 19, 2017 City Council meeting.

Planning Director Shea presented the staff recommendation.

City Clerk Madison identified the following speakers in support of Public Hearing

Item (N):

Bill Blankenship, 321 Great Bridge Boulevard, representing Breeden Investment

Properties, Inc.

Shepelle Watkins-White, 840 Greenbrier Circle, Suite 405, representing Breeden

Investment Properties, Inc.

Pete Burkhimer, 448 Viking Drive, Suite 170, Virginia Beach, representing Breeden

Investment Properties, Inc.

Thomas Retnauer, 101 Avonlea Drive, representing self.

William Angel, 2432 Number Ten Lane, representing self, concurred with the

continuance request.

Elizabeth Angel, 2432 Number Ten Lane, representing self.

Jeffrey Bennett, 2912 Lake Drummond Causeway, representing self, concurred

with the continuance request.

James Hollingsworth, 2920 Lake Drummond Causeway, representing self,

concurred with the continuance request.

Michael Perez, 500 Conservancy Way, #302, representing self, concurred with the

continuance request.

Keith Harris, 825 West Road, representing self.

Robin Perez, 500 Conservancy Way, #302, representing self.

Rodger Jones, 2647 Seven Eleven Road, representing self, concurred with the

continuance request.

Rachel Goodman, 109 Westonia Road, representing self.

August 15, 2017

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William L. Rhodes, Jr., 1417 Eagle Pointe Way, representing self, concurred with

the continuance request.

City Clerk Madison identified the following speakers in opposition to Public Hearing

Item (N):

Victoria Nicholls, 1124 Mill Lake Quarter, representing self.

Kevin Geuy, 2520 Number Ten Lane, representing self.

Denise Waters, 360 Clearfield Avenue, representing self, concurred with the

continuance request.

Gene Waters, 360 Clearfield Avenue, representing self.

Serena Post-DeMallie, 721 Greenfield lane, representing self.

Karen Hammerquist, 1204 Roble Court, representing self.

Lee Moore, 2613 Cecilia Terrace, representing self.

David Benson, 1017 Artisn Avenue, representing self.

Rogard Ross, 3800 Rivercrest Place, representing self.

Gayle Hughes, 509 Dorothy Court, representing self.

David Schleeper, 403 Sawblade Circle, representing self.

Richard Clark, 2261 Averilo Drive, representing self.

Council Member de Triquet, on a motion seconded by Council Member Ike, moved

to continue PLN-PUDC-2016-008 to the September 19, 2017 City Council meeting.

There was no discussion.

On the motion to continue PLN-PUDC-2016-008 to the September 19, 2017 City

Council meeting, voting yes: Council Members Craig, Davis, de Triquet, Ike, Ward and

West.

Voting no: Council Member Ritter (Mayor Krasnoff and Council Member Kelly

abstained)

CITIZENS’ COMMENTS ON AGENDA ITEMS ONLY

City Clerk Madison identified the following speaker:

David Schleeper, 403 Sawblade Circle, spoke on Unfinished Business Item (B).

CONSENT AGENDA

City Clerk Madison read the Consent Agenda into the record.

City Clerk Item

(1) REFUNDS

A. Ervin K. and Cynthia L. Williams - $10,002.28

B. Kristina M. and Michael V. Esposito - $2,646.00

City Manager Item

(1) #17-O-058 APPROPRIATION REQUEST OF $33,798 FROM THE FY 18

GENERAL FUND BALANCE FOR THE PURCHASE OF A

REPLACEMENT TRUCK-DEPARTMENT OF PARKS, RECREATION,

AND TOURISM

Vice Mayor West asked if there were any items City Council Members wished to

have removed from the Consent Agenda for consideration under the Regular Agenda.

There were none.

Council Member de Triquet, on a motion seconded by Council Member Ward,

moved approval of the Consent Agenda.

August 15, 2017

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There was no discussion.

On the motion to approve the Consent Agenda, voting yes: Council Members

Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

UNFINISHED BUSINESS

City Clerk Madison read Unfinished Business Item (A) into the record.

A. #17-R-051 RESOLUTION REQUESTING THE PLANNING COMMISSION TO

CONSIDER AND MAKE RECOMMENDATIONS CONCERNING THE

PROPOSED AMENDMENTS TO ARTICLES 9 AND 13 OF THE CHESAPEAKE

ZONING ORDINANCE TO MODIFY REGULATIONS PERTAINING TO GROUP

HOUSING FOR THE ELDERLY IN THE O&I OFFICE AND INSTITUTIONAL

DISTRICT (Continued from the June 13, 2017 City Council meeting)

Council Member Davis, on a motion seconded by Council Member Ike, moved

approval of the Resolution, as presented.

There was no discussion.

On the motion to approve the Resolution, as presented, voting yes: Council

Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff, Ritter, Ward and West.

Voting no: None

City Clerk Madison read Unfinished Business Item (B) into the record.

B. #17-O-057 AN ORDINANCE AMENDING CHAPTER 26 OF THE

CHESAPEAKE CITY CODE, ENTITLED “ENVIRONMENT,” ARTICLE X,

ENTITLED “OPEN SPACE AND AGRICULTURAL PRESERVATION

PROGRAM,” (“OSAP”) SECTIONS 26-571, ET SEQ. THEREOF, TO REVISE

AND EXPAND THE DEFINITION OF THE TERM “AGRICULTURAL USE;” TO

PROVIDE THAT AN APPLICANT WHO HAS DECLINED AN OFFER TO

PURCHASE MAY NOT REAPPLY TO THE PROGRAM FOR TWO OSAP

ROUNDS; TO AUTHORIZE THE CITY MANAGER TO DECLINE ANY AND ALL

APPLICATIONS RECEIVED; TO ALLOW FOR SIMULTANEOUS OR

SUCCESSIVE NEGOTIATIONS WITH UP TO FIVE COMPETING APPLICANTS

FOR POSSIBLE PURCHASE OF DEVELOPMENT RIGHTS; TO AUTHORIZE

THE CITY TO CONTINUE TO PURCHASE PROPERTIES IDENTIFIED ON THE

RANKING LIST IN SUBSEQUENT YEARS SO LONG AS THERE IS A WILLING

SELLER; AND TO AUTHORIZE, BUT NOT REQUIRE, THE CITY MANAGER TO

OBTAIN MORE THAN ONE INDEPENDENT APPRAISAL TO ASCERTAIN THE

VALUE OF DEVELOPMENT RIGHTS OF A PROPERTY (Continued from the July

25, 2017 City Council meeting)

Council Member Davis, on a motion seconded by Council Member Ward, moved

approval of the Ordinance, alternate version dated August 15, 2017, as presented.

There was no discussion.

On the motion to approve the Ordinance, alternate version dated August 15, 2017,

as presented, voting yes: Council Members Craig, Davis, de Triquet, Ike, Kelly, Krasnoff,

Ritter, Ward and West.