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:
OAK GROVE 1.817 AC
Acreage to be Rezoned (used to calculate Filing Fee):
2.0
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 bounded on the East by Battlefield Blvd.; on the North by the Great Bridge Bypass exit ramp; on the West by a parking lot accommodating apartments and on the South by a 7-11 store, a strip shopping center with a convienence store
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
2.0 acres to B-5
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
B-5, retail
Proposed Comprehensive Plan Land Use Designation:
Business/Commercial
Describe the planned development, including the total number of residential units, total square feet of office, commercial, and industrial uses.:
Convenience store (4850 sqft) with gas pumps
Exhibit of the proposed development drawn to scale :
Yes
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PLN-REZ-2020-006
PROJECT: 512 Battlefield Blvd.
APPLICANT: Beco Enterprises, LLC
OWNER: Gateway Construction II Inc.
AGENCY: Basnight, Kinser, Leftwich & Nuckolls, P.C.
PROPOSAL: A conditional zoning reclassification of 1.8 acres from R-MF-1, Multifamily Residential District to B-5, Urban Business District.
PROPOSED COMP LAND USE / DENSITY: Business / Commercial
EXISTING COMP LAND USE / DENSITY: Medium Density Residential / Less than 16 dwelling units per acre
LOCATION: 512 Battlefield Blvd. N.
TAX MAP SECTION/PARCEL: 0480000000800
PLANNING AREA: Rivercrest
TRAFFIC IMPACT
Identify the roads or streets abutting the subject property:
Battlefield Boulevard directly adjacent to property and Great Bridge Boulevard access. Applicant will be providing a traffic impact analysis if required.
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 will be handled on site. See final site plan.
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.:
Adequate water and sewer services exist at the site to serve the proposed use.
Are septic tanks and private wells are proposed?:
No
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.:
Not applicable.
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 police, fire and emergency services exist to serve the proposed use.
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.:
Adequate refuse disposal services exist to serve the proposed use.
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.:
Not applicable as the proposed zoning will not impact or require library facilities.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
The property is presently zoned RMF-1 and is in receipt of an approved construction plan from the Public Works Department of the City of Chesapeake for the construction of 24 residential townhouses. Notwithstanding, the owner dues not believe this is the highest and best use for the property and is not consistent with other property owners along the Battlefield Boulevard corridor. The Battlefield Boulevard corridor has been and will continue to evolve into an area of commercial and/or retail use. The present zoning of RMF-1 appears to be physically inconsistent and in conflict with surrounding commercial users.
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?:
Property is surrounded by a retail store to the south (7-11), strip center with convenience store to the north, interstate off ramp to the north and a parking lot serving apartment complex to the west. Battlefield Boulevard abuts the property to the east.
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
Yes.
ENVIRONMENTAL SITE ASSESSMENT
Will the application involve land disturbance for residential, assembly, day care, group home, recreation, school, library, or similar land use?:
No
VOLUNTARY PROFFERS
Proffer Status:
2019-IN
ADDITIONAL DOCUMENTATION
Statement of Ownership:
Yes
FENTRESS OVERLAY DISTRICT
Fentress Restrictive Easement:
No