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 applicant, also certify that the list of adjacent property owners is complete and correct as of the date of this application submittal. I will update any changes in ownership of the property that is the subject of this application and adjacent parcels upon learning that any such property has been conveyed prior to final action on this application. I understand that if the list of adjacent property owners is determined to be inaccurate, out-of-date or incomplete at a later date, any action taken on this application may be deemed null and void.:
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 re-advertisements for continuances and appeals. :
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:
0460000000611 – PAR A SUB OF TR 20 LMSN FM 5.702 AC & PT STRIP .302
0460000000612 – PAR B SUB OF TR 20 LMSN FM 10.298 AC & PT STRIP .333
0460000000613 – PAR C SUB OF TR 20 LAMSON FM 17.076 & PT STRP .727
0460000000700 – A SUB OF REYNOLDS PROP 3 AC & PT 66FT STRIP (.227)
0460000000701 – B SUB OF REYNOLDS PROP 2.46 AC & PT 66FT STRP .460
0460000000730 – ON SHALALY RD 2 AC & PT 66 FT STRIP (.285 AC)
0580000000710 – W POR 22 LAMSON FM N MILL CREEK 12.537 AC
0580000000711 – SO POR PROP OF T&P PARAMOUNT PROP MTG LLC 6.35 AC
0580000000720 – 3 MT AIRY SILVESTERVILLE 2.62 AC
0460000000650 – PLAT SHOWING PHYSICAL SURVEY AFRICA WALLACE 19.725
0460000000660 – NEW MILL CREEK 1.33 AC
0460000000720 – PT 21 LAMSON FM 21.53 AC
0460000001390 – A SUB PAR CHEATHAM R CURLES 4.025 AC
0460000001400 – B SUB PAR CHEATHAM R CURLES 3.975 AC
0460000001460 – NEW MILL CREEK 1.57 AC
0460000000620 – LOTS 6-9 SUR C E & L W KNOWLES 13.084 AC & PT STRIP
Acreage to be Rezoned:
132
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 between Scenic Parkway and Shillelagh Road. It is made up of 16 parcels; together they contain 132± acres. The lot depth varies greatly but is 1,740’± at the deepest point. These parcels are bound to the north by properties zoned R-15 and A-1 as well as 761’± of street frontage to Dominion Boulevard, to the east by properties zoned R-15 and A-1 as well as a total of 2,027’± of street frontage to Shillelagh Road, to the south by properties zoned A-1 and C-2, and to the west by properties zoned PUD as well as road stubs to Dominique Cres and Ward Road (which are proposed to be extended through this development). There is also 810’ of street frontage to Vincek Way as it separates parcel 0580000000710 and 0580000000711 at the southern end of the property.
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
Entirety of all parcels are to be zoned PUD
Special Overlay District:
TCOD, Dominion Boulevard Corridor Study
CBPA
Is the property located within the Chesapeake Bay Preservation Area?:
No
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed PUD Creation:
Residential Planned Unit Development (PUD) on property located along Shillelagh Road containing low, medium, and high density residential dwellings, a preserved forested area, an enhanced regional stormwater facility and parks/open space areas.
Proposed Comprehensive Plan Land Use Designation:
low, medium, and high density residential, urban mixed use, recreation, stormwater management, and open space.
Describe the planned development, including the total number of residential units and total square feet of office, commercial, and industrial uses. Provide a residential population projection and/or increased number of workers.:
The planned development consists of 960 total residential units, 10 acres± of recreation (parks and open space) area, approximately 27 acres± of preservation area, and 10 acres± dedicated to stormwater management.
Compare the use(s) permitted under the existing zoning classification with the use(s) permitted under the proposed PUD Creation.:
The existing zoning classification of R-15, A-1, and AC allow for larger lot single-family homes which does not fit will with the Dominion Boulevard Corridor Study and Economic Development Strategic Plan.
Exhibit of the proposed development drawn to scale :
Yes
Existing Proffers:
Yes
If yes, what is the application number?:
R(C)-01-22 0460000000650
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PLN-PUDC- 2019-001
PROJECT: Scenic Heights
APPLICANT: JCB, LLC
OWNER: JCB, LLC, Jeal-W Associates, LLC, T & P Paramount Property Mtg, LLC, Jay Edward & Nancy Doyle Mears, Carl W. Jr. & Marjorie K. Reynolds, Lillie Mae Williams Living Trust, Sheila L. Larson, Milford D. & Janet E. Ott, William L. Jones, Jr.
AGENT: American Engineering Association – Southeast Pa., Inc. and Williams Mullen
PROPOSAL: A zoning reclassification of approximately 132 acres from R-15, Residential District, A-1, Agricultural District and AC, Assembly Center District to PUD, Planned Unit Development.
PROPOSED COMP LAND USE / DENSITY: High Density Residential, Medium Density Residential, Office & Business/Commercial
EXISTING COMP LAND USE / DENSITY: Dominion Boulevard Corridor District
LOCATION: South of Dominion Boulevard and west of Shillelagh Road
TAX MAP SECTION/PARCELS: 0460000000611, 0460000000612, 0460000000613, 0460000000700, 0460000000701, 0460000000730, 0460000000650, 0460000000660, 0460000000720, 0460000001390, 0460000001400, 0460000001460, 0460000000620, 0580000000710, 0580000000711, 0580000000720,
PLANNING AREA: South Chesapeake
TRAFFIC IMPACT
Identify the roads or streets abutting the subject property:
Dominion Boulevard, Shillelagh Road, Vincek Way, Dominique Crescent, Ward Road (from the east at Shillelagh Road and from the west leading to Scenic Parkway)
Traffic Impact Statement Included (click Help button for requirements):
Yes
DRAINAGE IMPACT ANALYSIS (DIA)
How will this project address increases 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 a major stormwater pond/canal east of and adjacent to the existing canal along the western boundary of Dominion Commons. The new facility will be sized and modeled to meet the current requirements of the Virginia Stormwater Regulations. Property lies within the New Mill Creek watershed, specifically NM-3. Property encompasses the city’s Shillelagh Road West Outfall Improvement, Phase II project (Mears Ditch), a major improvement diverting flow in the Shillelagh roadside ditch westward to the Dominion Commons canal; this PUD will improve a portion of this to a major greenway.
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. Existing city models will be used as a basis.
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?:
No easements will be required.
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.
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?:
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.:
Both water and sewer exist along the boundaries of the property and can be extended through the PUD to provide adequate service. Water is available in Ward Road (on both ends), Vincek Way and Dominique Crescent. Water is also available in Dominion Boulevard, although not anticipated, connection can be made to the water line in Dominion if necessary. Extensions of these mains within the PUD will provide valuable looped connections between the developments on the east and west sides of Shillelagh Road.
The property lies within two pump station service areas, PS 260 (located at 652 Grassfield Parkway, just north of the intersection of Grassfield and Cahoon Parkways) and PS 261 (located at 2024 Scenic Parkway, just south of the intersection of Vincek Way and Scenic Parkway). Although some upgrade may be required, it is anticipated the PUD can be served by these two stations.
Gravity sewer is available to be extended into the PUD area on both ends of Ward Road, the end of Dominique Crescent and along Vincek Way.
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.:
This property lies in the following school districts:
Grassfield Elementary, Hugo Owens Middle, and Grassfield High.
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 fire protection services exist via Fire Station 15 located at 1345 Bells Mill Road which is 1.6 miles away.
The nearest Police Station is the Main Office located at 304 Albemarle Drive which is 4.7 miles away.
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.:
Refuse Disposal will be private where streets are private and public where streets are public.
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 Central library located at 298 Cedar Road; approximately 4 miles away.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed PUD Creation consistent with the Chesapeake Comprehensive Plan?:
As the Dominion Boulevard Corridor Study shows this area as Urban Mixed Use, Stormwater, Conservation, Business/Commercial, Recreation, Medium and High Density Residential, and Agricultural/Open Space and the proposed PUD will contain a mix of all these same uses; it is exactly consistent with the Comprehensive Plan.
CHANGED CONDITIONS AND ERRORS
In what respect are there any changed or changing conditions in the area that make the proposed PUD Creation necessary?:
With the improvements to Dominion Boulevard and the completion of the Veterans Bridge, the development of this area is a logical next step in creating the unified urban and community lifestyle depicted in the Master Plan for this area.
In what respect will the proposed PUD Creation 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 PUD Creation compatible with the uses permitted on other property in the immediate vicinity?:
The range of uses in the proposed PUD Creation are completely compatible with the uses permitted on the other property in the immediate vicinity as well as the Master Land Use.
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 classification of the property are R-15, A-1, and AC. While these uses provide some economic benefit, the economic viability of the property is better served by those uses shown in the city’s Comprehensive Plan and Dominion Boulevard Corridor Study.
ENVIRONMENTAL SITE ASSESSMENT
Will the application involve land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar land use?:
Yes
If yes, submit an Environmental Site Assessment meeting the requirements of the Chesapeake Public Facilities Manual.:
Yes
VOLUNTARY PROFFERS
Voluntary Proffer Statement Included:
Yes
PUD CRITERIA
General Description and Relationship to Comprehensive Plan.:
The Scenic Heights PUD is proposed to capitalize on the Dominion Boulevard Corridor by providing a variety of land uses, along Dominion Boulevard and Shillelagh Road. More intense uses are situated in the north send of the PUD. Business/Commercial is oriented toward Dominion Boulevard, and Urban Mixed Use lies across Shillelagh Road from the Dominion Commons Shopping Center. Progressing southward along Shillelagh Road a small amount of Urban Mixed Use, lies north of the high density residential area along Shillelagh, while medium and low density residential uses lie further south and west.
The major recreation area is situated along Shillelagh, at the southern end of the PUD. Conservation area lies north of the high and medium density residential use, separating them from the Business/Commercial and the Urban Mixed Use land uses.
In general, land uses proposed with the PUD are consistent with those shown on the Dominion Boulevard Corridor Study and Economic Development Strategic Plan Master Land Use Diagram. The Scenic Heights PUD is designed to fulfill the vision framed by the Dominion Boulevard Corridor Study.
Community Impact Statement :
Yes
Evidence of Property Control.:
Yes
Master Development Plan:
Yes
Development Criteria in Narrative Form:
Yes
ADDITIONAL DOCUMENTATION
Statement of Ownership:
Yes
FENTRESS OVERLAY DISTRICT
Fentress Restrictive Easement:
No