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:
F C WILSON TR 3 H HODGES EST 48.5 AC
Acreage to be Rezoned (used to calculate Filing Fee):
45.7
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
B-2; R-TH-1; R-8
Existing Proffers:
No
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
Rezoning of properties to B-2, R-TH-1 (45 units) and R-8 (90 units)
Proposed Comprehensive Plan Land Use Designation:
Business/Commercial; Medium Density Residential; Low Density Residential
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PLN-REZ-2021-003
PROJECT: Patriots Walke
APPLICANT: Hearndon Construction Corp.
AGENCY: Williams Mullen
OWNER: Virginia Warren Garrett Estate
PROPOSAL: A conditional zoning reclassification of approximately 47.5 acres from A-1, Agricultural District, and R-15s, Residential District, to B-2, General Business District (8.8 acres), R-TH-1, Residential District (6.4 acres), and R-8, Residential District (32.3 acres). The applicant also requests expansion of the Public Utilities Franchise Area.
PROPOSED COMP LAND USE / DENSITY: Business / Commercial, Medium Density Residential (7 units/acre) and Low Density Residential (2.79 units/acre)
EXISTING COMP LAND USE / DENSITY: Business / Commercial and Low Density Residential (less than 4 units/acre)
LOCATION: The east side of Battlefield Boulevard S. south of Carol Drive.
TAX MAP PARCELS: 0730000000560, 0731001000070, 0731001000080, 0731001000090, 0731001000100, 0731001000110, 0731001000120
PLANNING AREA: Great Bridge
TRAFFIC IMPACT
Traffic Impact Statement Included (click Help button for requirements):
Yes
WATER AND SEWER IMPACT
Are septic tanks and private wells are proposed?:
No
Water and Sewer Impact Statement Included
(click Help button for requirements):
Yes
SCHOOL IMPACT
School Impact Statement Included (click Help button for requirements):
Yes
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.:
Services currently provided are adequate for the proposed zoning classifications.
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.:
Services currently provided are adequate for the proposed zoning classifications.
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.:
Services currently provided are adequate for the proposed zoning classifications.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
The proposed mixture of commercial and residential uses meets the intent of the comprehensive plan designation for the property.
CHANGED CONDITIONS AND ERRORS
In what respect are there any changed or changing conditions in the area that make the proposed rezoning necessary?:
Patriot's Ridge rezoning approved immediately to the North.
In what respect will the proposed rezoning correct an error in the application of the Chesapeake Zoning Ordinance as applied to the subject property?:
None that are known.
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?:
The other surrounding properties are zoned for residential uses and the proposed rezoning will provide an adequate transition to more intense commercial uses to the South.
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
None that are known.
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
Proffer Status:
2019-OPT OUT
ADDITIONAL DOCUMENTATION
Statement of Ownership:
Yes
FENTRESS OVERLAY DISTRICT
Fentress Restrictive Easement:
No