PLN-REZ-2020-021 Monomoy Properties - City of ...

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PLN-REZ-2020-021 Monomoy Properties - City of ...
Docket Item "F"              PLN-REZ-2020-021
                            Monomoy Properties
CITY COUNCIL PACKAGE FOR
FEBRUARY 16, 2021

     Page             Executive Summary
             1–2      Application Summary
             3–6      Proffer Statement
             7–8      Planning Commission Draft January Minutes
             9 – 21   Staff Report: December 30, 2020
            19        Fiscal Impact Analysis
            20        Rezoning Exhibit
            21        Aerial
            22        GIS Exhibit
PLN-REZ-2020-021 Monomoy Properties - City of ...
City of Chesapeake
                                                                       Department of Planning
                                                                         Post Office Box 15225
                                                                        Chesapeake, VA 23328
                                                                               (757) 382-6176
                                                            www.cityofchesapeake.net/planning

CITY COUNCIL EXECUTIVE SUMMARY AND UPDATE
                         PLN-REZ-2020-021
                            Monomoy Properties

       VICINITY MAP

Project Proposal: A conditional zoning reclassification of 1.8 acres from B-1,
Neighborhood Business District, to M-2, Heavy Industrial District.
Proposed Land Use: Industrial/Logistics Existing Zoning:       B-1, Neighborhood
                                        Business District
Tax Map ID: 1650-000-000-070 & 1650- Existing   2035   Land    Use    Plan
000-000-080                          Designation: Business / Commercial
Property Address / Planning Area: 4323 Bainbridge Boulevard / South Norfolk
Applicant / Agent: Monomoy Properties Executive Summary and Update Date:
Chesapeake VA, LLC / Matt Morgan      January 20, 2021
Property Owner: Monomoy Properties Project Planner: Bill McKay, AICP,
Chesapeake VA, LLC                 Senior Planner
PLN-REZ-2020-021 Monomoy Properties - City of ...
The applicant seeks approval of a zoning reclassification of 1.8 acres from B-1,
Neighborhood Business District, to M-2, Heavy Industrial District. The property is located
at 4323 Bainbridge Boulevard and contains an existing welding supply and warehousing
business that has been operating as a legal non-conforming use in the B-1, Neighborhood
Business District, for many years. No changes to the existing use are proposed, the
applicant desires to change the zoning to accommodate this use and rid itself of the legal
non-conforming status that currently exists.

The applicant has proffered that food manufacturing and agricultural uses that are
permitted in the M-2, Heavy Industrial District, will be prohibited on this site in order to
avoid negative impacts on surrounding properties if the use of the property changes in
the future. They have also proffered enhanced landscaping at the front of the property
near Bainbridge Boulevard to provide additional screening. The Bainbridge Boulevard
right-of-way extends almost all the way to the parking lot on the portion of the property
south of the entrance, so no vegetation can be planted there, but they have proposed
extensive landscaping in the open area to the north of the entrance. This additional
landscaping will effectively screen the fenced storage area on the north side of the
building.

The request was heard at the January 13, 2021, Planning Commission public hearing
where it was recommended for approval. No one spoke in opposition to the project. Staff
is not aware of any updates since Planning Commission, and recommends approval of
this request.

PREVIOUS STAFF REPORTS AND UPDATES:

Version dated December 30, 2020 (full version)

PLN-REZ-2020-021                    Monomoy Properties                           Page 2 of 2
PLN-REZ-2020-021 Monomoy Properties - City of ...
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                             APPLICATION SUMMARY
          PLN-REZ-2020-021                    Monomoy Properties

PLN-REZ-2020-021 Monomoy Properties APPLICANT/OWNER: Monomoy Properties
Chesapeake VA, LLC AGENT: Matthew Morgan PROPOSAL: A conditional zoning
reclassification of 1.8 acres from B-1, Neighborhood Business District, to M-2, Heavy
Industrial District. PROPOSED COMP LAND USE / DENSITY: Industrial/Logistics
EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: 4323
Bainbridge Boulevard TAX MAP SECTION/PARCELS: 1650000000070 &
1650000000080 PLANNING AREA: South Norfolk

     SUBMITTED:     10-12-2020        ACKNOWLEDGED BY COUNCIL:               12-08-2020

                            STAFF RECOMMENDATION
                                  Approval with proffers:
1.      The applicant/owner shall install and maintain additional landscaping along the
        subject property’s frontage on Bainbridge Boulevard as shown on the rezoning
        exhibit dated 12/16/20, on file with the Planning Department. The additional
        landscaping shall consist of eight (8) large canopy trees and sixty-six (66)
        shrubs. The landscaping shall be subject to the review and approval of the City’s
        Landscape Coordinator, and shall be installed within ninety (90) days of the date
        of approval of the rezoning application by City Council, and shall be maintained
        for the duration of the use.

2.      The applicant/owner agrees that the property shall not be used for any of the Food
        Manufacturing or Agricultural uses that are permitted in the M- 2, Heavy Industrial
        District.

                             PLANNING COMMISSION
     HEARING DATE:             01-13-2021

     RECOMMENDATION:           APPROVAL with proffers

     VOTE:                     8–0
PLN-REZ-2020-021 Monomoy Properties - City of ...
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                      APPLICATION SUMMARY
             PLN-REZ-2020-021     Monomoy Properties

    APPLICANT:           Christopher Macri
                         Monomoy Properties Chesapeake VA, LLC
                         10100 Santa Monica Blvd, Suite 2400
                         Los Angeles, CA 90067
                         269-330-8322
                         mmorgan@icassetmanagement.com

                         Mailing
                         295 Seven Farms Dr
                         Daniel Island, SC 29492

    OWNER:               Monomoy Properties Chesapeake VA LLC
                         10100 Santa Monica Blvd, Suite 2400
                         Los Angeles, CA 90067
                         269-330-8322
                         mmorgan@icassetmanagement.com

    AGENT:               Matt Morgan
                         Monomoy Properties Chesapeake, VA LLC
                         10100 Santa Monica Blvd, Suite 2400
                         Los Angeles, CA 90067
                         (269) 330-8322
                         mmorgan@icassetmanagement.com
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                                                  Chesapeake Planning Commission
                                       DRAFT January 13, 2021 Public Hearing Minutes

      10.    PLN-REZ-2020-021
             PROJECT: Monomoy Properties
             APPLICANT/OWNER: Monomoy Properties Chesapeake VA, LLC
             AGENT: Matthew Morgan
             PROPOSAL: A conditional zoning reclassification of 1.843 acres from B-
             1, Neighborhood Business District, to M-2, Heavy Industrial District.
             PROPOSED COMP LAND USE / DENSITY: Industrial/Logistics
             EXISTING COMP LAND USE / DENSITY: Business/Commercial
             LOCATION: 4323 Bainbridge Boulevard
             TAX MAP SECTION/PARCELS: 1650000000070 & 1650000000080
             PLANNING AREA: South Norfolk

PLANNING COMMISSION RECOMMENDATION:

      APPROVAL with the following proffers: (8 – 0; Deneau/Gerloff, Steiner
      excused)

      1.     The applicant/owner shall install and maintain additional landscaping
             along the subject property’s frontage on Bainbridge Boulevard as
             shown on the rezoning exhibit dated 12/16/20, on file with the
             Planning Department. The additional landscaping shall consist of
             eight (8) large canopy trees and sixty-six (66) shrubs. The
             landscaping shall be subject to the review and approval of the City’s
             Landscape Coordinator, and shall be installed within ninety (90) days
             of the date of approval of the rezoning application by City Council,
             and shall be maintained for the duration of the use.

      2.     The applicant/owner agrees that the property shall not be used for
             any of the Food Manufacturing or Agricultural uses that are permitted
             in the M- 2, Heavy Industrial District.

Mr. McNamara read PLN-REZ-2020-021 into the record for Commission review and
action.

Staff Presentation:

Mr. McNamara stated that based on the findings listed in the staff report, planning staff
recommended that PLN-REZ-2020-021 APPROVED with the proffers as listed in the
official agenda.

Proponent:

Matt Morgan, 10100 Santa Monica Boulevard, Suite 2400, Los Angeles, California, agent
and will standby for questions.
8
                                                  Chesapeake Planning Commission
                                       DRAFT January 13, 2021 Public Hearing Minutes

    COMMISSION VOTE:

    Vice Chair Deneau moved that PLN-REZ-2020-021 be APPROVED with the proffers as
    listed in the official agenda and as recommended by staff. Commissioner Gerloff
    seconded the motion. The motion was carried by a vote of 8 – 0. Secretary Steiner
    excused.
9
                                                                           City of Chesapeake
                                                                       Department of Planning
                                                                         Post Office Box 15225
                                                                        Chesapeake, VA 23328
                                                                               (757) 382-6176
                                                            www.cityofchesapeake.net/planning

                         PLN-REZ-2020-021
                            Monomoy Properties

      VICINITY MAP

Project Proposal: A conditional zoning reclassification of 1.8 acres from B-1,
Neighborhood Business District, to M-2, Heavy Industrial District.
Proposed Land Use: Industrial/Logistics Existing Zoning:       B-1, Neighborhood
                                        Business District
Tax Map ID: 1650-000-000-070 & 1650- Existing  2035    Land    Use    Plan
000-000-080                          Designation: Business / Commercial
Property Address / Planning Area: 4323 Bainbridge Boulevard / South Norfolk
Applicant / Agent: Monomoy Properties Public Hearing Date: January 13, 2021
Chesapeake VA, LLC / Matt Morgan      Staff Report Date: December 30, 2020
Property Owner: Monomoy Properties Project Planner: Bill McKay, AICP,
Chesapeake VA, LLC                 Senior Planner
                         STAFF RECOMMENDATION
 ☐ APPROVED      ☒ APPROVED WITH PROFFERS         ☐ CONTINUED          ☐ DENIED
10

     FINDINGS:

     1.    The proposed rezoning to bring the existing use into compliance with the Zoning
           Ordinance is in conformance with the policies of the Comprehensive Plan.

     2.    The proposed rezoning, as proffered, is consistent with the 2035 Chesapeake
           Comprehensive Plan Land Use Section as it is appropriate in terms of size, access,
           environmental conditions, and community facilities, and is therefore compatible
           with adjacent and surrounding properties.

     STAFF RECOMMENDATION:

     Based on the findings contained in this staff report, staff recommends that PLN-REZ-
     2020-021 be APPROVED with the following proffers:

     1.    The applicant/owner shall install and maintain additional landscaping along the
           subject property’s frontage on Bainbridge Boulevard as shown on the rezoning
           exhibit dated 12/16/20, on file with the Planning Department. The additional
           landscaping shall consist of eight (8) large canopy trees and sixty-six (66)
           shrubs. The landscaping shall be subject to the review and approval of the City’s
           Landscape Coordinator, and shall be installed within ninety (90) days of the date
           of approval of the rezoning application by City Council, and shall be maintained for
           the duration of the use.

     2.    The applicant/owner agrees that the property shall not be used for any of the Food
           Manufacturing or Agricultural uses that are permitted in the M- 2, Heavy Industrial
           District.

     PLN-REZ-2020-021                   Monomoy Properties                           Page 2 of 9
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                    EXISTING ZONING MAP

                   2035 LAND USE PLAN MAP

PLN-REZ-2020-021       Monomoy Properties   Page 3 of 9
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     PROJECT DESCRIPTION:

     The applicant seeks approval of a zoning reclassification of 1.8 acres from B-1,
     Neighborhood Business District, to M-2, Heavy Industrial District. The property is located
     at 4323 Bainbridge Boulevard and is currently used for an existing welding supply and
     warehousing business that has been operating as a legal non-conforming use in the B-1,
     Neighborhood Business District, for many years. No changes to the existing use are
     proposed, the applicant desires to change the zoning to accommodate this use and rid
     itself of the legal non-conforming status that currently exists.

     The applicant has proffered that food manufacturing and agricultural uses that are
     permitted in the M-2, Heavy Industrial District, will be prohibited on this site in order to
     avoid negative impacts on surrounding properties if the use of the property changes in
     the future. They have also proffered enhanced landscaping at the front of the property
                                             near Bainbridge Boulevard to provide additional
                                             screening. The Bainbridge Boulevard right-of-
                                             way extends almost all the way to the parking lot
                                             on the portion of the property south of the
                                             entrance, so no vegetation can be planted there,
                                             but they have proposed extensive landscaping
                                             in the open area to the north of the entrance.
                                             This additional landscaping will effectively
                                             screen the fenced storage area on the north side
                                             of the building.

     COMMENTS:

                                   RESPONSE REC’ D
          AGENCIES NOTIFIED                            AGENCIES NOTIFIED   RESPONSE REC’ D DATE
                                       DATE
      D & P / Dev Eng            November 18, 2020   Fire Prevention         November 3, 2020
      D & P / Zoning                No Objections    Police                    No Objections
      D & P / Landscape             No Comments      Public Utilities       November 20, 2020
      D & P / Code Enforce          No Comments
      Received comments are attached.

     PLN-REZ-2020-021                    Monomoy Properties                            Page 4 of 9
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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:

     The proposed rezoning application is exempt from the Level of Service Analysis for
     school capacity since it is a non-residential rezoning that will not generate any
     school-aged children.

2.   ROAD CAPACITY:

     This rezoning is exempt from the Level of Service test for adequate transportation
     facilities. There is no proposed change in use from the existing industrial welding
     supply, the by-right uses in the existing B-2 zoning could potentially generate more
     traffic trips.

3.   SEWER CAPACITY:

      Is/Are the subject parcel(s) located within the Hampton Roads Sanitation District
      (HRSD) Sewer Service Area?
                      ☒ YES                                      ☐ NO

PLN-REZ-2020-021                    Monomoy Properties                           Page 5 of 9
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     PLN-REZ-2020-021   Monomoy Properties   Page 6 of 9
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                     Approved and Pending Applications for PLN-REZ-2020-021
PLN-REZ-2020-021           Monomoy Properties Rezoning            0 N/A Pending
       APPLICATION #                   PROJECT NAME           UNITS BUILT           FINAL
                  Approved and Pending Applications from December 2018 - 2020
PLN-REZ-2019-011           2288 S. Military Highway               0 N/A Approved
PLN-USE-2019-008           Affordable Towing Storage Yard         0 N/A Approved
PLN-USE-2019-034           Aquahaulic Towing                      0 N/A 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-2019-026           Greenbrier Towing and Recovery         0 N/A Approved
PLN-USESW-2018-001         HR Integrated BioEnergy                0 N/A Approved
PLN-USESW-2019-003         Paper Recycling Facility               0 N/A Approved
PLN-USE-2018-035           Peebles Golf Cars                      0 N/A Approved
PLN-USE-2019-037           Phily's Tint Shop                      0 N/A 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-SITE-2020-006          1920 Campostella Road                  0      0 Pending
PLN-USE-2019-053           3318 Bainbridge Blvd Storage           0 N/A Pending
PLN-REZ-2020-022           Branford Square at Greenbrier         72 N/A Pending
PLN-USE-2018-034           Bryan's Cove Billboards                0 N/A Pending
PLN-STCL-2020-004          Catherine Street Closure               0 N/A Pending
PLN-USE-2020-036           Ferebee Avenue Pumping Station         0 N/A Pending
PLN-USE-2020-029           Kenjoh Outdoor Signage                 0 N/A Pending
PLN-USE-2018-039           Little Sheep Day Care                  0 N/A Pending
PLN-USE-2018-024           Potter Communication Site              0 N/A Pending
PLN-STCL-2020-002          Robertson Blvd                         0 N/A Pending
DEV-SUB-2020-081           Rose Garden                           10      0 Pending
DEV-SUB-2020-070           Somb Moore Estates                    13      0 Pending
            Approved and Pending Applications from December 2010 - 2020 with 50+ units
R(PUD)-10-01               Broadlawn Park                       185 N/A Approved
PLN-SITE-2016-003          Bryan's Cove                         388 224 Approved
R(C)-12-18                 Catalina Crossing                    140 N/A Approved
R(C)-12-05                 Chesapeake Gateway Expansion           0 N/A Approved
R-10-11                    Chesapeake Regional Apartments        60 N/A Approved
SP-11-04                   Herons Landing                        60    60 Approved
SP-13-04                   Reunion                              220 220 Approved

PLN-REZ-2020-021                    Monomoy Properties                           Page 7 of 9
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     STAFF ANALYSIS:

     The subject property is designated Business/Commercial on the 2035 Land Use Plan.
     The existing industrial welding supply business is not consistent with this designation;
     however, the Comprehensive Plan states that the Land Use Plan should be interpreted
     by considering the other policies of the Comprehensive Plan for any mitigating conditions.
     In this case, the 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 is relevant. The existing business is adequately
     accommodated on the property in terms of size, with open land in the northwest corner
     to allow for additional landscaping. Access is directly to Bainbridge Boulevard in close
     proximity to Military Highway and Interstates 64 and 464. It is surrounded by a mix of
     commercial and industrial/logistics uses and it is adjacent on the south and east to
     property designated for Industrial/Logistics on the Land Use Plan, which is the appropriate
     designation for this use. The current use has been operating for thirty-five (35) years
     with no adverse environmental effects. There are three non-conforming residences
     located on the M-2, Heavy Industrial District, property to the south but they are screened
     by mature trees and other vegetation. The only other residential property in the vicinity
     is townhouse style condominiums across Bainbridge Boulevard to the northwest. The
     proffered landscaping will provide additional screening of the use from this area. Staff
     finds that the proposed rezoning to bring the existing use into compliance with the Zoning
     Ordinance is in conformance with the policies of the Comprehensive Plan and that the
     proposed zoning district is compatible with the surrounding land uses. Staff, therefore,
     recommends approval of this request with proffers.

                                                                        The fiscal impact analysis
             FIA: Cumulative Net Surplus/Deficit Over 20 Years
                                                                        shows a net surplus of $786,000
                                                                        over 20 years.
                                                       $786,000

           $800,000

           $600,000               $416,000 $370,000

           $400,000
       $

           $200,000

                 $0

             City of Chesapeake         School Board         Combined

     PLN-REZ-2020-021                              Monomoy Properties                        Page 8 of 9
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ATTACHMENTS:

1.   Departmental Review Comments

2.   Fiscal Impact Analysis, dated December 29, 2020

3.   Rezoning Exhibit, dated December 16, 2020

4.   2018 Aerial Map

PLN-REZ-2020-021                 Monomoy Properties    Page 9 of 9
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                                                                                        City of Chesapeake
                                                                                    Department of Planning
                                                                                      Post Office Box 15225
                                                                                     Chesapeake, VA 23328
                                                                                            (757) 382-6176
                                                                         www.cityofchesapeake.net/planning

                           DEPARTMENTAL REVIEWING COMMENTS

     DEVELOPMENT & PERMITS:

     ENGINEERING: PROVIDED ON November 18, 2020
     Development Engineering Comments:
     Approved
     This rezoning is exempt from the Level of Service test for adequate transportation
     facilities. There is no proposed change in use from the existing industrial welding supply,
     the by-right uses in the existing B-2 zoning could potentially generate more traffic trips.

     PUBLIC UTILITIES: PROVIDED ON NOVEMBER 20, 2020
     Advisory
     City water and sewer are existing to the site. Existing services to be used must meet
     current codes, standards and specifications.
     Any off site City utility improvements installed by this developer that satisfy the conditions
     set forth in the Chesapeake City Code, Section 70-123, may qualify this developer for pro
     rata participation. In addition, this developer may be required to pay his pro rata share of
     the cost of utility improvements installed by previous developers in accordance with
     Chesapeake City Code, Section 70-123.
     A backflow preventer is to be installed on all water systems before any takeoffs are made
     and in accordance with the manufacturer's recommendations, the International Plumbing
     Code requirements, and Department of Public Utilities policy. The backflow preventer
     must meet National Standard NSF 61 (lead free). The backflow preventer is to be
     installed, tested by a DPOR certified technician, and documentation received by Public
     Utilities.
     If the size of the existing water meter changes then additional City water, City sewer and
     HRSD connection fees will be assessed.

     FIRE: PROVIDED ON NOVEMBER 3, 2020
     Approved with Conditions
     The Fire Dept. has no objection to the rezoning application. However, as advisory
     comments to be addressed during the final site plan approval phase, if any, or if there will
     be changes, alterations or additions to the structure(s) the site and structures must be
     compliant with fire and life safety and fire protection requirements of the Fire Code and
     Public Facilities Manual.
SUMMARY OF CUMULATIVE FISCAL IMPACTS (x$1,000's)
PLN-REZ-2020-021 FISCAL IMPACT ANALYSIS                                                                  Cumulative Net Surplus/Deficit
ABSORPTION 1
12/29/2020
                                                                       $900
GENERAL FUND
                                                                                                                                                     $786
Total Operating Revenue                            $438                $800
Total Capital Revenue                                $4
Total Revenue                                      $442                $700
Total Operating Expenditures                        $25
Total Capital Expenditures                           $1                $600
Total Expenditures                                  $26
NET GENERAL FUND IMPACT                            $416                $500
AVERAGE ANNUAL IMPACT                               $21                           $416
                                                                       $400                                                 $370

                                                          ($1,000's)
SCHOOL BOARD                                                           $300
Total Operating Revenue                            $365
Total Capital Revenue                                $6                $200
Total Revenue                                      $370
Total Operating Expenditures                         $0                $100
Total Capital Expenditures                           $0
Total Expenditures                                   $0
                                                                         $0
NET TOTAL SCHOOL BOARD IMPACT                      $370
                                                                                    City of Chesapeake                  School Board      Combined
AVERAGE ANNUAL IMPACT                               $19                                                              Years 1-20
                                                                              City of Chesapeake                        School Board                 Combined

COMBINED RESULTS
Total Operating Revenue                            $803
Total Capital Revenue                               $10
Total Revenue                                      $812
Total Operating Expenditures                        $25
Total Capital Expenditures                           $1
Total Expenditures                                  $26
NET TOTAL COMBINED IMPACT                          $786
AVERAGE ANNUAL IMPACT                               $39
NET IMPACT PER ACRE                                $427
                                                                                                                                                                19
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                                                  Monomoy Properties
     APPLICANT/OWNER: Monomoy Properties Chesapeake VA, LLC AGENT: Matthew
     Morgan PROPOSAL: A conditional zoning reclassification of 1.8 acres from B-1,
     Neighborhood Business District, to M-2, Heavy Industrial District. PROPOSED COMP
     LAND USE / DENSITY: Industrial/Logistics EXISTING COMP LAND USE / DENSITY:
     Business/Commercial LOCATION: 4323 Bainbridge Boulevard TAX MAP
     SECTION/PARCELS: 1650000000070 & 1650000000080 PLANNING AREA: South
     Norfolk

     PLANNER                                PLANNING COMMISSION MEETING
     B. MCKAY                                           JANUARY 13, 2021
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