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:
NR NANSEMOND .8 AC
Acreage to be Rezoned (used to calculate Filing Fee):
0.8
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::
The property fronts Portsmouth Boulevard on the south, Jolliff Landing Townhouses Homeowners Association and KHJTH2 LLC on the west, Francisco Street on the north and KHJTH2 LLC on the east. The frontage along
Portsmouth Boulevard is approximately 150' and depth of 225' containing 33658 square feet or 0.773 acres.
Proposed Zoning reclassification(s) and acreage of each proposed zoning reclassification(s)::
R-TH-1 - 0.773
Existing Proffers:
Yes
What is the rezoning application number?:
R(C)-14-26
NATURE OF PROPOSED DEVELOPMENT
Describe the nature of the use or uses proposed for the subject property under the proposed zoning classification:
Rezoning Application for 5048 Portsmouth Boulevard. The adjacent properties were rezoned by ordinance recorded October 23, 2015 and known as The Townhomes at Jolliff Landing. The allowable density for the development was not entirely used and the estate of the this parcel desires to include their land as part of the overall development.
Proposed Comprehensive Plan Land Use Designation:
Medium Density Residential
Describe the planned development, including the total number of residential units, total square feet of office, commercial, and industrial uses.:
This application requests a total of 14 single family townhomes. The existing development has deficit of 13 units from the allowable density. 5408 Portsmouth Boulevard is a unit bringing the total allowable density to 14 units.
Exhibit of the proposed development drawn to scale :
Yes
PLANNER LEGAL DESCRIPTION
Planner Legal Description:
PROJECT: The Townhomes at Jolliff Landing
APPLICANT: KHJTH2 LLC
AGENCY: Parrish-Layne Design Group
OWNER: Cummings, Theresa et als
PROPOSAL: A conditional zoning reclassification of 0.8 acres from R-15s, Residential District, to R-TH-1, Residential District.
PROPOSED COMP LAND USE / DENSITY: Medium Density Residential / Approximately 12 dwelling units per acre
EXISTING COMP LAND USE: Office
LOCATION: 5048 Portsmouth Boulevard
TAX MAP PARCEL: 0140000000090
PLANNING AREA: Western Branch
TRAFFIC IMPACT
Identify the roads or streets abutting the subject property:
The property is contiguous with Portsmouth Boulevard and Francisco Street.
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.:
An adjacent storm water pond exists for the overall development and the road ways and drainage has been improved with the recent construction. Storm water will be addressed with on-site design and a drainage analysis will be provided during the construction process if approved.
What steps will be taken to ensure adequacy of the receiving facility (off-site dynamic drainage analysis of watershed, improvements, etc.)?:
We have discussed the off-site drainage with City staff to identify potential issues. The off-site receiving facility appears to be adequate for this proposal.
Address whether the project will be required to provide water quantity and/or water quality of stormwater runoff.:
The project will be required to address and provide water quantity and quality requirements with current storm water 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?:
We do not anticipate the need for off-site easements.
Address the current adequacy of the existing drainage receiving facility.:
We have discussed the off-site drainage with City staff to identify potential issues. The off-site receiving facility appears to be adequate for this proposal.
Is this development subject to tidal impacts? How will the tides associated with a hurricane or northeaster affect the drainage system?:
This development does not appear to be impacted by tidal impacts.
What steps have been taken to ensure no property damage will result from a 100-year tidal or rainfall event?:
The subject property is not located in a flood hazard area.
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.:
We have discussed the project with Mr. Ed West. Adequate water and sewer exists along Francisco Street and will be extended to serve the proposed units. Utility Easements will be possible, if needed.
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.:
The previous rezoning application has un-used density already calculated and included with current school planning.
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.:
This area will be served by Police Precinct #4 and appears to be adequate.
Fire is served by Station #11 and Station #12 and appears to be adequate.
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.:
Francisco Street and Portsmouth Boulevard are public right-of-ways and public refuse collections are currently provided. The proposed units will continue to utilize public collections.
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 site will be served by the Russell Memorial Library.
COMPREHENSIVE PLAN CONSISTENCY
In what respect is the proposed zoning classification consistent with the Chesapeake Comprehensive Plan?:
This request is consistent with the Chesapeake Comprehensive Plan and does not propose to increase the allowable density.
CHANGED CONDITIONS AND ERRORS
In what respect are there any changed or changing conditions in the area that make the proposed rezoning necessary?:
This request will provide the units for the allowable density from the previous rezoning.
In what respect will the proposed rezoning correct an error in the application of the Chesapeake Zoning Ordinance as applied to the subject property?:
We are not aware of any errors.
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?:
This request is compatible with the adjacent uses.
VIABLE ECONOMIC USE
State and explain whether a reasonably viable economic use of the subject property exists under the current zoning classification.:
Yes, the property is currently used as a single family residence.
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
Voluntary Proffer Statement Included:
Yes
Proffer Status:
2019-IN
ADDITIONAL DOCUMENTATION
Statement of Ownership:
Yes
FENTRESS OVERLAY DISTRICT
Fentress Restrictive Easement:
No