R(C)-13-20 221 Mt. Pleasant Road Rezoning

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Docket Item "A"
R(C)-13-20
221 Mt. Pleasant Road Rezoning
CITY COUNCIL PACKAGE FOR
DECEMBER 17, 2013
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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
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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
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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
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REVISED PROFFER STATEMENT SUBMITTED ON NOVEMBER 25, 2013
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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.
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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
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