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 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 property owners 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 I understand that if the list of adjacent property owners is determined to be inaccurate, out-of-date or incomplete at a later date, any action taken on this application may be deemed null and void.: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:
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:
false
Acreage to be Rezoned (used to calculate Filing Fee):
5.072
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
B-2 5.072
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
Rezoning from A-1 to B-2 to support a multi-use retail center.
Proposed Comprehensive Plan Land Use Designation:
B-2
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PLN-REZ-2021-006
PROJECT: Edinburgh Retail Center
APPLICANT: Rebkee Partners Edinburgh, LLC
OWNER: J Wilson Properties, LLC
AGENCY: Williams Mullen
PROPOSAL: A conditional zoning reclassification of 5.1 acres from A-1, Agricultural District, to B-2, General Business District.
PROPOSED COMP LAND USE / DENSITY: Business / Commercial
EXISTING COMP LAND USE / DENSITY: Business / Commercial
LOCATION: 1809 Battlefield Boulevard S.
TAX MAP PARCEL: 0730000000220
PLANNING AREA: Great Bridge
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 addressed for the project as a whole utilizing a mix of onsite underground detention, preservation of open space on adjacent commonly owned parcels, and above ground best management practices where feasible, potentially at the rear of the proposed grocery store. The onsite detention and preservation of open space will provide for a reduction in peak flow from the pre-development conditions. Due to the high groundwater condition onsite infiltrative practices are not feasible onsite and volume mitigation will largely be handled through the preservation of open space within the same watershed and project area.
What steps will be taken to ensure adequacy of the receiving facility (off-site dynamic drainage analysis of watershed, improvements, etc.)?:
The immediate downstream outfall point is the Battlefield Boulevard drainage system and paved channel to Cooper’s Ditch. Review of the Cooper’s Ditch Watershed Technical Memorandum prepared by URS and the City SWMM analysis, the paved outfall channel has capacity to serve the development with the onsite required detention within the proposed development.
Address whether the project will be required to provide water quantity and/or water quality of stormwater runoff.:
The project will be required to provide both water quantity and quality for the proposed stormwater runoff in accordance with City and State VSMP Stormwater Regulations Part IIB. Water Quality will be handled utilizing a mix of onsite best management practices and the purchase of offsite nutrient credits.
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?:
N/A – There are no anticipated requirements for improvements requiring offsite easements.
Address the current adequacy of the existing drainage receiving facility.:
The immediate downstream outfall point is the Battlefield Boulevard drainage system and paved channel to Cooper’s Ditch where the existing site drains today. Review of the Cooper’s Ditch Watershed Technical Memorandum prepared by URS and the City SWMM analysis, the paved outfall channel has capacity to serve the development with the onsite required detention within the proposed development.
Is this development subject to tidal impacts? How will the tides associated with a hurricane or northeaster affect the drainage system?:
The project is not directly tidally connected to a tidal body of water thus no significant tidal impact to the site is anticipated.
What steps have been taken to ensure no property damage will result from a 100-year tidal or rainfall event?:
The 100-yr storm will be analyzed for the onsite detention to verify the 100-yr storm elevation onsite. Careful attention will be given to tie-in grading at property lines and adequate overflow our outflow conveyance of the 100-yr storm from the proposed development.
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.:
Water is available to the site via an 8” water line stub to the property along Hillcrest Parkway. Water in Hillcrest Parkway is 20” and in Battlefield is 30”. It is anticipated that the 8” stub to the site can be looped through the site as needed to provide adequate domestic and fire water supply. 8” gravity sewer is also stubbed to the site along the Hillcrest Parkway frontage. The sewer outfalls into PS 254. A private sewer main will be routed through the site to collect sewer from each tenant and convey it to the public sewer stub in Hillcrest. Further detailed analysis is required during site plan design to verify the adequacy of the downstream pump station. Water and sewer demands are minimal with smaller retail developments servicing a few bathrooms for each tenant and a car wash with a water reclamation system relative to comparable residential developments.
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.:
N/A – The proposed project consists exclusively of commercial retail development and will not affect the number of students in the school system.
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.:
There are 3 fire stations within a 3-4 mile radius of the site to provide service to the property. The nearest police station is located at the Great Bridge – 1st Precinct to serve the site. With no residential proposed with this development, the demand on both fire and police is limited to 3 commercial tenants in lieu of a larger single or multi-family development.
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 will be collected and contained within dumpster enclosures for each development. Refuse will be privately collected and disposed of through contracts with private refuse collection company.
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.:
N/A – The proposed project consists exclusively of commercial retail development and will not affect the demand on the library system.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
The comprehensive plan “2035 Land Use Plan” designates the proposed parcel for business/commercial development consistent with the development being proposed.
CHANGED CONDITIONS AND ERRORS
In what respect are there any changed or changing conditions in the area that make the proposed rezoning necessary?:
There has been a recent focus of residential development in this area of the City along Battlefield Parkway and within the Edinburgh PUD. There is a need to provide competitive community and neighborhood focused retail. The proposed mix of uses provides an appropriate mix of retail uses to include convenience with fuel, automobile, and grocery uses to supplement the ongoing residential development and existing retail development in the locale. Each of the proposed uses provide a unique and competitive retail component to help provide services to the community that is not otherwise competitively provided in this area.
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 proposed development is bound on the south by Hillcrest Parkway, to the east by Battlefield Boulevard, R-15 S vacant property to the north and B-2 zoning RV Sales to the west. Across Hillcrest Parkway is the Edinburgh PUD which is a retail shopping center. Across Battlefield is single family residential and vacant residentially zoned property. The uses proposed development, located on a hard corner, are retail focused to serve the adjacent and growing residential development
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
The current property is zoned agricultural and as such, there is no viable current use of the property for agricultural purposes.
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