Docket Item "A" R(C)-13-20 221 Mt. Pleasant Road Rezoning CITY COUNCIL PACKAGE FOR DECEMBER 17, 2013 Page 1–2 3–5 6 7–8 9 – 15 16 17 18 19 Application Summary REVISED Proffer Statement Planning Commission Minutes Proffer Statement Staff Report: November 7, 2013 Fiscal Impact Analysis Rezoning Exhibit/Site Plan Aerial GIS Parcel Exhibit 1 APPLICATION SUMMARY R(C)-13-20 221 Mt. Pleasant Road Rezoning LOCATION: 221 Mt. Pleasant Road PROPOSAL: A conditional zoning reclassification of 0.9302± acres from O&I, Office and Institutional District, to B-1, Neighborhood Business District. SUBMITTED: 9-5-13 ACKNOWLEDGED BY COUNCIL: 11-12-13 CITY COUNCIL HEARING DATE: 10-22-13 ACTION: APPROVED FOR CONCURRENT ADVERTISING VOTE: 9-0 STAFF RECOMMENDATION Denial PLANNING COMMISSION HEARING DATE: 11-13-13 RECOMMENDATION: DENIAL VOTE: 5-4 CITY COUNCIL HEARING DATE: 11-19-13 ACTION: CONTINUED to December 17, 2013 VOTE: 9 – 0 (Ritter/West) REVISED PROFFER STATEMENT SUBMITTED: 11-25-13 SUMMARY: Applicant/owner added stipulations 3 and 4. ATTACHMENTS REVISED Proffer Statement, Minutes, Proffer Statement, Staff Report, Fiscal Impact Analysis, Rezoning Exhibit/Site Plan, Aerial, GIS Parcel Exhibit 2 APPLICATION SUMMARY R(C)-13-20 APPLICANT/OWNER: 221 Mt. Pleasant Road Rezoning Starling Brothers, LLC 406 Great Oak Ct Suffolk, VA 23434 510-0431 krbstarling@verizon.net Members: Keith Starling, Operating Manager Gregory A. Starling, Secretary/Manager Robin L. Starling, Treasurer/Manager AGENCY: S.L. Nusbaum Realty Co. Attn: Michael Meyers 1700 Wells Fargo Center 440 Monticello Ave Norfolk, VA 23510 627-8611 mmyers@slnusbaum.com 3 REVISED PROFFER STATEMENT SUBMITTED ON NOVEMBER 25, 2013 4 5 6 Chesapeake Planning Commission DRAFT November 13, 2013 Public Hearing Minutes R(C)-13-20 PROJECT: 221 Mt. Pleasant Road Rezoning APPLICANT: Starling Brothers, LLC AGENCY: S.L. Nusbaum Realty Co. PROPOSAL: A conditional zoning reclassification of 0.9302± acres from O&I, Office and Institutional District, to B-1, Neighborhood Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 221 Mt. Pleasant Road TAX MAP SECTION/PARCEL: 0480000000110 BOROUGH: Pleasant Grove (This item was approved for concurrent advertising and will be heard by City Council on November 19, 2013) PLANNING COMMISSION ACTION: Planning Commission recommends that R(C)-13-20 be DENIED. (5-4; Van Laethem/Williams, Small, Kish, Johnson, Hutchinson opposed) Mrs. Hanson read R(C)-13-20 into the record for Commission review and action. Staff Presentation: Mr. Howlett stated that based on sound planning practices, Planning staff recommended that R(C)-13-20 be DENIED as listed in the official agenda. Proponent: Michael Myers, Agent, 440 Monticello Avenue, Suite 1700, Norfolk, Virginia, appeared before the Commission on behalf of R(C)-13-20 representing Starling Brothers, LLC. COMMISSION VOTE: Commissioner Kish moved that R(C)-13-20 be APPROVED with the proffers listed in the staff report. Commissioner Small seconded the motion. The motion failed by a vote of 4 - 5. Commissioners Williams, Van Laethem, Bell, Perry, and Morris voted against the motion. Commissioner Van Laethem made a substitute motion that R(C)-13-20 be DENIED as listed in the official agenda and as recommended by staff due to being in nonconformance with the Comprehensive Plan and that it was not a viable use. Commissioner Williams seconded the motion. The motion was carried by a vote of 5 - 4. Commissioners Small, Hutchinson, Johnson, and Kish voted against the motion. 7 8 9 10 11 12 13 14 15 16 17 18 19 221 Mt. Pleasant Road Rezoning R(C)-13-20 APPLICANT: Starling Brothers, LLC AGENCY: S.L. Nusbaum Realty Co. PROPOSAL: A conditional zoning reclassification of 0.9302± acres from O&I, Office and Institutional District, to B-1, Neighborhood Business District. PROPOSED COMP LAND USE / DENSITY: Business/Commercial EXISTING COMP LAND USE / DENSITY: Low Density Residential LOCATION: 221 Mt. Pleasant Rd TAX MAP SECTION/PARCEL: 0480000000110 BOROUGH: Pleasant Grove