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:
Agent
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:
UNIT 100 PORTLOCK SQUARE COMM CONDO PH 5
Acreage to be Rezoned (used to calculate Filing Fee):
1.23
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
R-MF-1, Multifamily Residential District
Existing Proffers:
Yes
What is the rezoning application number?:
R(C)-04-18 Portlock Square
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
Rezoning with proffer modification to allow for 8 parcels currently used as commercial property to be used for residential purposes.
Proposed Comprehensive Plan Land Use Designation:
Residential
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PLN-REZ-2020-024
PROJECT: Portlock Square
APPLICANT: Bainbridge Properties Inc.
OWNERS: Bainbridge Properties Inc., Brittany Yvette Taylor, Nestor D. Rodriguez-Agudelo, Sheila M. Roberson, Marcel Curry, Jordan Summers, Jotia Q. Jones, Demetris L. Shabazz, and Lorenzo D. Cox Jr.
AGENCY: Williams Mullen
PROPOSAL: A conditional zoning reclassification of approximately 1 acre from B-5, Urban Business District (.8 acre), and R-MF-1, Multifamily Residential District (.2 acre), to R-MF-1, Multifamily Residential District.
PROPOSED COMP LAND USE / DENSITY: Medium Density Residential / 16 dwelling units per acre
EXISTING COMP LAND USE / DENSITY: Suburban Mixed Use / Less than 10 dwelling units per acre
LOCATION: 641 Ragged Island Road
TAX MAP SECTION/PARCELS: 1580003000010, 1580003000020, 1580003000030, 1580003000040, 1580003000050, 1580003000060, 1580003000070, 1580003000080, 1580002000310, 1580002000320, 1580002000330, 1580002000340, 1580002000350, 1580002000360, 1580002000370, 1580002000380, and a portion of 1580002000000
PLANNING AREA: South Norfolk
TRAFFIC IMPACT
Identify the roads or streets abutting the subject property:
Bainbridge Boulevard.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
What steps will be taken to ensure adequacy of the receiving facility (off-site dynamic drainage analysis of watershed, improvements, etc.)?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
Address whether the project will be required to provide water quantity and/or water quality of stormwater runoff.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
Address the current adequacy of the existing drainage receiving facility.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
Is this development subject to tidal impacts? How will the tides associated with a hurricane or northeaster affect the drainage system?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
What steps have been taken to ensure no property damage will result from a 100-year tidal or rainfall event?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
Requested proffer modification is consistent with Chesapeake 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?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square. As the abutting properties are classified RMF, the current commercial uses of property included in modification request would be more viable under residential use classification.
In what respect will the proposed rezoning correct an error in the application of the Chesapeake Zoning Ordinance as applied to the subject property?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square.
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?:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square. As the abutting properties are classified RMF, the current commercial uses of property included in modification request would be more viable under residential use classification.
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
Requested proffer modification will not result in any significant changes to approved conditions for R(C)-04-18 Portlock Square. As the abutting properties are classified RMF, the current commercial uses of property included in modification request would be more viable under residential use classification.
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