Docket Item "E" R(C)-15-26

Aldi Grocery Store

CITY COUNCIL PACKAGE FOR

DECEMBER 15, 2015

Page 1 – 2 Application Summary 3 – 6 Revised Proffer Statement 7 – 9 Planning Commission Draft Minutes

10 – 21 Staff Report: November 5, 2015 22 Fiscal Impact Analysis 23 Architectural Elevations 24 Rezoning Exhibit/Site Plan 25 Aerial 26 GIS Parcel Exhibit

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APPLICATION SUMMARY

R(C)-15-26 Aldi Grocery Store

LOCATION: 1269 Cedar Rd

PROPOSAL: A conditional zoning reclassification of a 2.76± acre portion of a site totaling 4.99± acres from C-2, Conservation-Recreation District to B-1, Neighborhood Business District, a retail grocery store.

SUBMITTED: 9-8-15 ACKNOWLEDGED BY COUNCIL: 10-27-15

STAFF RECOMMENDATION

Approval with proffers

PLANNING COMMISSION

HEARING DATE: 11-12-15

RECOMMENDATION: APPROVAL with proffers

VOTE: 7 - 0

REVISED PROFFER STATEMENT

SUBMITTED: 11-20-15

SUMMARY: The applicant/owner added proffer 10:

10. The applicant/owner agrees to record an easement in favor of the Las Gaviotas Home Owners’ Association to maintain signage at the current location of the monument sign on the subject property. The easement shall be recorded before the issuance of a certificate of occupancy for the proposed grocery store.

ATTACHMENTS

Proffer Statement, Draft Minutes, Staff Reports, Fiscal Impact Analysis, Architectural Elevations, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit

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APPLICATION SUMMARY

R(C)-15-26 Aldi Grocery Store

APPLICANT: Aldi (N.C.), LLC Attn: Joshua Walls, Director of Real Estate 4870 Sadler Road, Suite 300 Glen Allen, VA 23060 804-205-5087 josh.walls@aldi.us

OWNER: Cedar Road, LLC

3007 Kilbride Drive Chesapeake, VA 23325

AGENCY: Williams Mullen Attn: Grady Palmer 999 Waterside Drive #1700 Norfolk, VA 23510 757-629-0660 gpalmer@williamsmullen.com

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7 Chesapeake Planning Commission

DRAFT November 12, 2015 Public Hearing Minutes

R(C)-15-26 PROJECT: Aldi Grocery Store APPLICANT: Aldi (N.C.) LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of a 2.76± acre portion of a site totaling 4.99± acres from C-2, Conservation-Recreation District to B-1, Neighborhood Business District, a retail grocery store. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Medium Density Residential with something less than 10 dwelling units per acre LOCATION: 1269 Cedar Road TAX MAP SECTION/PARCEL: portion of 0460000001500 BOROUGH: Pleasant Grove

PLANNING COMMISSION RECOMMENDATION:

Planning Commission recommends that R(C)-15-26 be APPROVED with the following proffers: (7-0; Williams/Hutchinson, Johnson excused)

1. The applicant/owner agrees that the permitted use of the B-1 zoning district on the subject property shall be limited to a grocery store (SIC 54) and food store (SIC 54).

2. The applicant/owner agrees that the building constructed in the B-1 zoning district on the subject property shall be substantially similar to the building elevations dated stamped October 26, 2015, as determined by the Director of Planning or designee.

3. The applicant/owner agrees to record a vehicular non-ingress/egress easement on that portion of the subject property zoned B-1 along all of the public road frontage except for approved entrances. The form and sufficiency of the easement shall be subject to the approval of the City Attorney and shall be recorded before the issuance of a final certificate of occupancy.

4. The applicant/owner agrees to restrict truck deliveries between the hours of 9:00 a.m. to 7:00 p.m. The applicant/owner is solely responsible for ensuring truck deliveries are made between 9:00 a.m. and 7:00 p.m. Prior to issuance of the certificate of occupancy, the applicant/owner shall post a sign which must be posted at the loading area of the grocery store stating indicating that “All deliveries are restricted to the hours between 9:00 a.m. and 7:00 p.m.”

5. The applicant/owner agrees to install and maintain a landscape buffer in the B-1 zoning district along the subject property’s frontage on Las Gaviotas Boulevard, except for the approved entrance. The buffer shall consist of a Buffer Yard D with no fence or berm as set out in Section 19 of the Chesapeake Zoning Ordinance. The buffer shall be installed before the issuance of the final site plan.

8 Chesapeake Planning Commission DRAFT November 12, 2015 Public Hearing Minutes

6. The applicant/owner agrees to record a cross reciprocal access easement in connection with tax parcel #0460000000013 in order to establish a shared access to Cedar Road. The design and dimensions of the access easement shall be subject to the review and approval of the Director of Development and Permits or designee during site plan review. The easement shall be recorded before the issuance of a final certificate of occupancy on forms acceptable to the City Attorney.

7. The applicant/owner agrees to dedicate the ultimate right-of-way width for Cedar Road as provided for by the 2050 Master Transportation Plan on the property subject to this rezoning, at no cost to the City. The dedication shall be subject to the review and approval of the Director of Development and Permits or designee during site plan review. A deed of dedication shall be subject to the review and approval of the City Attorney and shall be recorded before the issuance of a final certificate of occupancy.

8. The applicant/owner agrees to install a public sidewalk, at no cost to the City, along the entirety of the subject property’s frontage on Cedar Road. The sidewalk shall be installed before the issuance of a final certificate of occupancy pursuant to a plan approved by the Director of Development and Permits or designee.

9. The conceptual site plan submitted by Kimley-Horne and Associates, Inc., 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 shall any cause of action 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 Department of Development and Permits and shall supersede any previously filed conceptual site plan.

Mrs. Hanson read R(C)-15-26 into the record for Commission review and action.

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Chesapeake Planning Commission DRAFT November 12, 2015 Public Hearing Minutes

Staff Presentation:

Mrs. Hanson stated that based on the findings listed in the staff report, Planning staff recommended that R(C)-15-26 be APPROVED with the proffers as listed in the official agenda.

COMMISSION VOTE:

Commissioner Williams moved that R(C)-15-26 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Hutchinson seconded the motion. The motion was carried by a vote of 7 - 0. Commissioner Johnson was excused.

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Aldi Grocery Store R(C)-15-26

APPLICANT: Aldi (N.C.) LLC AGENCY: Williams Mullen PROPOSAL: A conditional zoning reclassification of a 2.76± acre portion of a site totaling 4.99± acres from C-2, Conservation-Recreation District to B-1, Neighborhood Business District, a retail grocery store. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Medium Density Residential with something less than 10 dwelling units per acre LOCATION: 1269 Cedar Rd TAX MAP SECTION/PARCEL: portion of 0460000001500 BOROUGH: Pleasant Grove