PLN-REZ Portlock Square

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City of Chesapeake Department of Planning Post Office Box 15225 Chesapeake, VA 23328 (757) 382-6176 www.cityofchesapeake.net/planning

PLN-REZ-2020-024

Portlock Square

Project Proposal: A conditional zoning reclassification of approximately 1 acre from

B-5, Urban Business District (0.8 acre), and R-MF-1, Multifamily Residential District (0.2 acre), to R-MF-1, Multifamily Residential District.

Proposed Land Use: Medium Density

Residential

Existing Zoning: B-5, Urban Business

District

Property Address / Planning Area: 641

Ragged Island Road / South Norfolk

Existing 2035 Land Use Plan Designation: Suburban Mixed Use Tax Map IDs: 000-010, 000-020, 000-030,

040, 050, 060, 070, 1580-003-000-080, 1580-002-000-310, 1580-002-000-320, 1580-002-000-330, 1580-002-000-340, 1580-002-000-350, 1580-002-000-360, 1580-002-000-370, 1580-002-000-380, and a portion of 1580-002-000-000

Applicant / Agency: Bainbridge Properties Inc. / Williams Mullen

Public Hearing Date: July 14, 2021 Staff Report Date: July 6, 2021

Property 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.

Project Planner: Bill McKay, AICP, Senior Planner

STAFF RECOMMENDATION

☐

APPROVED

☒

APPROVED WITH PROFFERS

☐

CONTINUED

☐

DENIED

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PLN-REZ-2020-024 Portlock Square Page 2 of 10

FINDINGS:

1. The proposed rezoning is consistent with the Comprehensive Plan action strategy that states that each land use should be located on an appropriate site in terms of size, access, environmental conditions, community facilities, and compatibility with its neighbors.

2. The proposed use is compatible with the existing uses on the subject property and the surrounding community.

3. The application passes all Level of Service tests and Departmental Review comments indicate that all necessary public facilities and services are adequate to serve the proposed use.

STAFF RECOMMENDATION:

Based on the findings contained in this staff report, staff recommends that

PLN-REZ-2020-024 be APPROVED with the following proffers:

1. The applicant/owner agrees that no more than eight (8) first floor residential condominium units shall be created as a result of this rezoning. The applicant/owner agrees that development of the subject property shall be in substantial conformance with the General Development Plan dated June 14, 2021, provided, however, that reasonable adjustments due to final engineering data may be made at the time of final site plan review in accordance with Section 16-204 of the Zoning Ordinance. 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 shall be placed in the file with the Planning Department and Department of Development and Permits.

2. The applicant/owner also agrees that a final architectural plan shall be submitted to the Director of Planning or designee prior to the approval of the final site plan for the property subject to this rezoning. The final architectural plan shall depict any modifications to the exterior of the building on the property subject to this rezoning. Any proposed modifications shall be consistent with proffer 2 of R(C)-04-18 as determined by the Planning Director or designee.

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PLN-REZ-2020-024 Portlock Square Page 3 of 10 2035 LAND USE PLAN MAP

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PROJECT DESCRIPTION:

The applicant seeks approval of a conditional zoning reclassification of approximately one (1) acre from B-5, Urban Business District (0.8 acre), and R-MF-1, Multifamily Residential District (0.2 acre), to R-MF-1, Multifamily Residential District. The property is located at the southwest corner of Bainbridge Boulevard and Reunion Street, and contains an existing building known as Portlock Square. It was intended to be a mixed-use building with eight (8) commercial spaces on the ground floor and eight (8) residential condominiums above. The applicant has been unable to successfully market the commercial space and now seeks to convert it into eight (8) residential condominiums. If approved, this would result in a total of sixteen (16) residential units in the building.

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(GDP). Parallel parking spaces will be marked along the new edge of pavement. The applicant will need to provide two (2) parking spaces per unit or sixteen (16) spaces for these ground floor units. The GDP shows thirteen (13) spaces along Bainbridge Boulevard and six (6) parallel spaces for a total of nineteen (19). The GDP also shows twelve (12) large trees and one hundred (100) shrubs in a street frontage buffer extending for the entire length of the property’s frontage on both Reunion Street and Bainbridge Boulevard.

At this time, no alteration to the outside of the building is anticipated, but if any is proposed, proffer #3 requires approval of an architectural elevation consistent with the original proffer #2 of R(C)-04-18 as determined by the Planning Director or designee. This application was submitted post July 1, 2016, and is subject to the provisions of Virginia Code Section 15.2-2303.4. The applicant/owners have declared their intent to “opt out” of the statutory test for unreasonable proffers and elected for this application to be considered under Virginia Code Section 15.2-2303.4(D). The applicant/owner has executed forms declaring this election and such forms have been approved by the City Attorney’s office. Pursuant to the referenced statute, the applicant/owner has submitted proffers they deem “reasonable and appropriate” as evidenced by a signed, final proffer statement. All other applicable statutory tests are met.

BACKGROUND:

R(C)-04-18 was approved by City Council on December 19, 2005. It was for the entire 2.9 acre parcel that includes the condominium development to the west of the mixed-use building and was called Portlock Terrace.

The eastern portion of the site was rezoned from B-3, Highway Business District, to B-5, Urban Business District, and the western portion was rezoned from B-3, Highway Business District, to R-MF-1, Multifamily Residential District. The mixed-use portion of the project became Portlock Square.

COMMENTS:

AGENCIES NOTIFIED RESPONSE REC’D

DATE AGENCIES NOTIFIED RESPONSE REC’D DATE

D & P / Dev Engineering April 15, 2021 Public Utilities May 10, 2021

D & P / Zoning No Objections Fire Prevention May 5, 2021

D & P / Landscape No Objections Police No Objections

D & P / Code Enforce April 21, 2021

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LEVEL OF SERVICE:

On March 21, 1995, the Chesapeake City Council adopted policies pertaining to acceptable level of service (LOS) standards focusing on three areas: (1) school needs; (2) road capacity; and (3) sewer capacity. Where the analysis of the rezoning application, whether a conventional or conditional rezoning, indicates that the public infrastructure is not sufficient to meet the needs that will be generated by the proposed development, then the application will be presumed to be untimely and inappropriate. The three areas, as they specifically apply to this application, are addressed below:

1. SCHOOL CAPACITY:

IMPACT ON STUDENT ENROLLMENT

SCHOOLS PORTABLES 2020-21 CAPACITY 2020-212 ENROLLMENT 10/20203 PROJECTED1 # OF STUDENTS FROM ALREADY APPROVED PRELIMINARY PLANS PROJECTED # OF STUDENTS FROM PROPOSED REZONING PROJECTED TOTAL ENROLLMENT CAPACITY BASED ON 10/2020 ENROLLMENT PROJECTED LOS CAPACITY BASED ON PRELIMINARY APPROVED PLANS AND THIS APPLICATION Portlock Primary 4 575 525 1 1 527 91.3% 91.7% Carver Intermediate 0 625 576 1 0 577 92.2% 92.3% Oscar Smith Middle 0 1075 1018 8 0 1026 94.7% 95.4%

Oscar Smith High 9 2150 2203 35 1 2239 102.5% 104.1%

TOTALS 13 4425 4322 45 2 4369

1.

Enrollment projections are based on the Chesapeake Public Schools average grade distribution of 42.1% in grades K-5, 24.3% in grades 6-8, and 33.6% in grades 9-12 for the 2020-21 school year.

2.

Capacity is calculated utilizing the standard capacity analysis and does not include any reductions for social distancing due to COVID-19. 3.

Changing enrollment patterns due to the COVID-19 pandemic have resulted in lower than expected total enrollment for the district in the 2020-21 school year.

2. ROAD CAPACITY:

This rezoning is exempt from the Level of Service test for adequate transportation facilities. The existing by-right B-5 zoning could generate 201 trips/day per the Institute of Traffic Engineers (ITE). The proposed sixteen (16) condo units generate about 100 trips/day.

3. SEWER CAPACITY:

Is/Are the subject parcel(s) located within the Hampton Roads Sanitation District (HRSD) Sewer Service Area?

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Application Name Units Built Final

PLN-REZ-2020-024 Portlock Square 0 N/A Pending

PLN-SITE-2020-006 1920 Campostella Road 0 0 Approved

PLN-REZ-2019-011 2288 S. Military Highway 0 0 Approved

PLN-USE-2019-008 Affordable Towing Storage Yard 0 N/A Approved

PLN-USE-2019-034 Aquahaulic Towing 0 N/A Approved

PLN-REZ-2020-022 Branford Square at Greenbrier 72 N/A Approved

PLN-SITE-2016-003 Bryans Cove 262 126 Approved

PLN-USE-2019-042 C & A's Wine and Spirits 0 N/A Approved

PLN-USE-2019-022 Emmanuel Way of the Cross 0 N/A Approved

PLN-USE-2019-007 Encompass Health Rehab 0 N/A Approved

PLN-USE-2020-036 Ferebee Avenue Pumping Station 0 N/A Approved PLN-USE-2019-026 Greenbrier Towing and Recovery 0 N/A Approved PLN-REZ-2020-021 Monomoy Properties Rezoning 0 N/A Approved PLN-USESW-2019-003 Paper Recycling Facility 0 N/A Approved

PLN-USE-2019-037 Phily's Tint Shop 0 N/A Approved

PLN-STCL-2020-002 Robertson Blvd 0 N/A Approved

DEV-SUB-2020-070 Somb Moore Estates 13 0 Approved

PLN-SITE-2019-007 Sprint Sherman Monopole 0 N/A Approved

PLN-USE-2019-050 St. Benedict's Parish 0 N/A Approved

PLN-USE-2019-003 Valvoline Instant Oil Change 0 N/A Approved PLN-USE-2019-053 3318 Bainbridge Blvd Storage 0 N/A Pending

PLN-STCL-2020-004 Catherine Street Closure 0 N/A Pending

PLN-STCL-2021-002 Pine Wood Run ROW St Closure 0 N/A Pending

DEV-SUB-2020-081 Rose Garden 10 0 Pending

PLN-SITE-2021-003 Wilton Street Condominiums 18 0 Pending

R(C)-12-18 Catalina Crossing 140 N/A Approved

R(C)-12-05 Chesapeake Gateway Expansion 0 N/A Approved

SP-11-04 Herons Landing 60 60 Approved

SP-13-04 Reunion 220 220 Approved

APPLICATIONS WITHIN 2 MILES OF PLN-REZ-2020-024

ALL APPROVED AND PENDING APPLICATIONS FROM MAY 2019 - 2021

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STAFF ANALYSIS:

The original rezoning of this property to create the mixed-use building with commercial on the ground floor and residential above was approved by City Council in December 2005, and construction was completed within two years after that. Since that time, the second-floor residential units have all been sold, but none of the commercial units have. It has become apparent to the property owner that there is no demand for this type of commercial space in this location.

The 2035 Land Use Plan designates the subject property Suburban Mixed-Use. This designation calls for a mix of commercial and residential uses horizontally, not vertically, as was attempted with Portlock Square. With this proposed rezoning, the horizontal mix of uses within the Suburban Mixed-Use area can still be achieved. Included within this area is the Portlock Square condominium development immediately to the west and the Reunion townhouse development beyond that. The property to the north across Reunion Street is also part of this Suburban Mixed-Use designation, and it is zoned B-3, Highway Business District. Considered as a whole, the area under this designation is comprised of roughly 80% residential land and 20% commercial, as recommended in the description of this designation in the 2035 Comprehensive Plan. The addition of eight (8) more residential units within the footprint of existing residential units will not change this existing ratio.

The proposed development is also consistent with the Comprehensive Plan Action Strategy that states that each land use should be located on an appropriate site in terms of size, access, environmental conditions, community facilities, and compatibility with its neighbors. The subject property already contains residential units on the upper floors of the building, so the addition of units below is a compatible use. The proffered GDP shows green space replacing the existing parking spaces in front of the building and significant landscaping around the perimeter of the site. These improvements will give the existing commercial lower floor of the building a more residential appearance.

The applicant originally proposed to leave the existing pavement in front of the building and install planter boxes to prevent its use for parking. Staff suggested removing this asphalt and replacing it with a green area with parallel parking spaces alongside to meet their required parking. The applicant concurred, revised the GDP accordingly, and proffered it. The applicant also volunteered the extensive landscaping along the road frontage of the property to increase its residential appeal.

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Based on the findings and comments received, staff finds the proposed use to be consistent with the goals and policies of the Comprehensive Plan, compatible with the surrounding community, and will have no more adverse effects than would any other use generally permitted in the same district. Therefore, staff recommends approval of the request with proffers.

The fiscal impact analysis indicates that this project would result in a net positive combined fiscal impact to the City and Schools budgets of $76,000 over 20 years.

ATTACHMENTS:

1. Departmental Review Comments

2. School Administration Impact Statement, dated May 20, 2021 3. Fiscal Impact Analysis, dated May 20, 2021

4. Rezoning Exhibit, dated April 30, 2021 5. 2020 Aerial Map -$100,000 -$50,000 $0 $50,000 $100,000 $150,000 $200,000 $157,000 -$81,000 $76,000 $

FIA: Cumulative Net Surplus/Deficit Over 20 Years

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