REZONING
Rezoning Type:
Conditional
DECLARATION
Does any member of the Planning Commission or City Council own or have any personal or financial interest in the land which is subject to this application, or has any personal or financial interest in the outcome of the decisions, as defined by the Virginia Conflict of Interest Act?:
No
I, the owner (or agent), certify that this application is complete, accurate and contains all required and requested information, documents and other submittals, and that all statements made herein are, to the best of my knowledge, true and correct. I further certify that I have exercised due diligence to obtain the most recent, complete, and correct information available. I understand that wrongful certification or failure to provide required or requested documents that become available after the initial submittal of this application may result in a delay in, or invalidation of, any official governmental action taken. Fraudulent representations may lead to additional penalties under law.:
Yes
I, the applicant, understand that the cost of newspaper advertising for public hearing notification purposes is my responsibility and agree to pay all notices of payment due and bills associated with advertising costs for this application, including all readvertisements for continuances and appeals. Advertising cost will be billed separately.:
Yes
Party Responsible for Advertising:
Applicant
I, the applicant, consent to entry upon the subject property by public officers, employees, and agents of the City of Chesapeake wishing to view the site for purposes of processing, evaluating or deciding this application.:
Yes
I, the applicant, agree that the exhibit attached as part of this application is submitted 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 exhibit. In order to obtain preliminary or final site or subdivision approval, changes in the conceptual exhibit may be required to meet development conditions and 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/plat shall be filed with the Planning Department and Department of Development and Permits and shall supersede any previously filed conceptual exhibit.:
Yes
DESCRIPTION OF PROPERTY
Legal Description of the Property:
10-C-1 RESUB 10-B, 10-C TRANSAMERICA SERVICES INC PROP 119.147 AC
Acreage to be Rezoned (used to calculate Filing Fee):
120
Physical location of the property including boundaries to the north, south, east, and west. State the street frontage, depth, and overall size in square feet/acreage::
Property is located on Elbow Road. It contains 119.15 acres and is approximately ±3,640’ deep, it is bound to the north by properties zoned R-15s and A-1, to the east by properties zoned R-15s and A-1, to the south by property zoned R-15s and ±900’ of street frontage to Elbow Road, and to the west by properties zoned R-15s and A-1.
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
±65 Acres to be zoned R-10S Residential District, ±55 Acres to be zoned A-1 Agricultural District
Existing Proffers:
Yes
What is the rezoning application number?:
R(C)-95-08
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
The proposed use for this property is for a single-family residential subdivision.
Proposed Comprehensive Plan Land Use Designation:
Low Density Residential
Describe the planned development, including the total number of residential units, total square feet of office, commercial, and industrial uses.:
The proposed development consists of single-family residential subdivision with no more than 156 lots and all associated roads and infrastructure.
Exhibit of the proposed development drawn to scale :
Yes
TRAFFIC IMPACT
Identify the roads or streets abutting the subject property:
This property has frontage to Elbow Road.
Traffic Impact Statement Included (click Help button for requirements):
Yes
DRAINAGE IMPACT ANALYSIS (DIA)
How will this project address increase in stormwater runoff as a result of development? Please note although the post-development peak flow is less than pre-developed, the increase of volume must be addressed in areas with existing deficiencies.:
Stormwater runoff will be collected in an underground storm drainage system and routed to new stormwater ponds. The ponds will be sized and modeled to meet the current requirements of the Virginia Stormwater Regulations.
What steps will be taken to ensure adequacy of the receiving facility (off-site dynamic drainage analysis of watershed, improvements, etc.)?:
A dynamic SWMM analysis will be performed on the entire system, including the outfall, down to the floodplain of the Albemarle and Chesapeake Canal.
Address whether the project will be required to provide water quantity and/or water quality of stormwater runoff.:
Both quantity and quality will be considered as required by the current Stormwater Regulations.
What off-site easements and/or improvements are required? What steps have been taken to ensure that these easements can be obtained and that improvements can be constructed?:
To the best of the applicant’s knowledge no easements will be required . The proposed Stormwater Management Ponds will be discharged to an existing outfall operated and maintained by the City.
Address the current adequacy of the existing drainage receiving facility.:
We are unaware of any problems with the adequacy of the existing receiving drainage facility. Property ultimately outfalls to the Intracoastal Waterway.
Is this development subject to tidal impacts? How will the tides associated with a hurricane or northeaster affect the drainage system?:
This development is not subject to tidal impacts.
What steps have been taken to ensure no property damage will result from a 100-year tidal or rainfall event?:
100-year old tidal impacts are no factor due to the high elevations of the site and drainage system. The SWMM modeling will assure that the consequences of the 100-year rainfall event are within the parameters set forth in the Chesapeake Public Facilities Manual.
WATER AND SEWER IMPACT
State whether, and in what respect, adequate water and sewer services exist or can be provided to serve the uses that would be permitted if the property were rezoned.:
Public water must be extended from is current terminus just east of the intersection of Elbow Road and Graphite Trail, eastward to the subject property.
The list of Public Utilities Capital Projects includes extension of the existing 16” public water main from along Centerville Turnpike from Mt. Pleasant Road to Elbow Road, crossing the Intracoastal Waterway. The project is listed as “Funded” with a “Budget Year” of 2019. Its estimated completion date is 3/60/22. This will improve pressures, flows and redundancy of the water distribution system in the Elbow Road corridor.
There is no gravity sewer in front of the subject property but is located within a public utility easement approximately 100 feet east of PS #275 (Fieldstone). While the Master Sewer Plan for PS #275 includes a portion of the subject property within the service area, a new city pumping station will be needed to serve the majority of the property.
The HRSD Elbow Road Interceptor Force Main (48”) runs in front of the subject property.
Are septic tanks and private wells are proposed?:
No
Water and Sewer Impact Statement Included
(click Help button for requirements):
Yes
SCHOOL IMPACT
State whether and explain in what respect adequate school facilities exist or can be provided to serve the uses that would permitted if the property were rezoned.:
Adequate school facilities exist. Property lies in the attendance zone for Greenbrier Primary, Intermediate and Middle Schools, and Oscar Smith High School.
POLICE, FIRE, EMERGENCY SVCS
State whether and explain in what respect adequate police, fire protection and emergency services exist or can be provided to serve the uses that would be permitted if the property were rezoned.:
Adequate emergency services can be provided by way of fire stations 4 and 6, police station main office, and 5th precinct.
Fire station 4 is located at 104 Lenore Trail, which is approximately 5.7 miles away from this site. Fire station 6 is located at 1109 Whitamore Road, which is approximately 4.2 miles away from this site.
Police Station - Main Office is located at 304 Albemarle Drive. Police Station - 5th Precinct is located at 400 Volvo Parkway. Both stations are approximately 6 miles away from this site.
REFUSE DISPOSAL SERVICES
State whether and explain in what respect adequate refuse disposal services exist or can be provided to serve the uses that would permitted if the property were rezoned.:
Public refuse disposal services are available in this area.
LIBRARY FACILITIES
State whether and explain in what respect adequate library facilities exist or can be provided to serve the uses that would permitted if the property were rezoned.:
The nearest library facility is the Greenbrier Library located at 1214 Volvo Parkway which is only ±5 miles away from this property.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
A large portion of the property is shown as Low Density Residential with some Conservation in the rear of the site on the 2035 Comprehensive Plan. Since the layout of this subdivision utilizes the front portion of the site for single-family lots and leaves the rear of the property undeveloped, the proposed zoning classification remains consistent with the Chesapeake Comprehensive Plan. A portion of the parcel is currently zoned B-1, Neighborhood Business District and denoted on the Comprehensive Plan’s Land Use Map as Business/Commercial. The B-1 and Commercial designation were based on R(c) -95-08, which contemplated a large, mixed use development, most of which has been rendered impossible by the presence of jurisdictional wetlands. The associated arterial roadway that might have helped establish this site as commercial has already been deleted from the Master Transportation Plan. Accordingly, the Business/Commercial site no longer has the contextual characteristics for a commercial site as set forth in the Comprehensive Plan.
CHANGED CONDITIONS AND ERRORS
In what respect are there any changed or changing conditions in the area that make the proposed rezoning necessary?:
No changed or changing conditions make the proposed rezoning necessary.
In what respect will the proposed rezoning correct an error in the application of the Chesapeake Zoning Ordinance as applied to the subject property?:
No error will be corrected.
COMPATIBILITY OF USES
In what respect is the range of uses in the proposed zoning district classification compatible with the uses permitted on other property in the immediate vicinity?:
With the nearby subdivisions of Elbow Estates, Centerville Commons and Fieldstone, in addition to the single-family homes along Elbow Road, this pleasingly-designed single-family residential subdivision is perfectly consistent with and compatible with the other adjacent and nearby properties in the immediate vicinity.
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
The existing zoning classifications of the property are R-15s and B-1. As discussed in the Comp Plan Consistency item above, the B-1 zoning is now no longer appropriate since jurisdictional wetlands have reduced the scale of potential residential development in the area to less than what would support even neighborhood-scale retail. The R-15s portion of the property is marginally viable, but R-10s is needed on the limited amount of non-wetlands land available in order to support the costs of infrastructure extensions.
ENVIRONMENTAL SITE ASSESSMENT
Will the application involve land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar land use?:
Yes
VOLUNTARY PROFFERS
Voluntary Proffer Statement Included:
Yes
ADDITIONAL DOCUMENTATION
Statement of Ownership:
Yes
FENTRESS OVERLAY DISTRICT
Fentress Restrictive Easement:
No