Docket Item "A" R(C)-12-15 Washington Arms Condominiums CITY COUNCIL PACKAGE FOR DECEMBER 18, 2012 Page 1 2 Application Summary 3 5 Planning Commission Minutes 6 10 Proffer Statement 11 13 Staff Reports: November 14, 2012 14 28 November 5, 2012 29 Fiscal Impact Analysis 30 Site Plan 31 Aerial 32 GIS Parcel Exhibit
APPLICATION SUMMARY 1 R(C)-12-15 Washington Arms Condominiums LOCATION: PROPOSAL: Northwest corner of the intersection of Old George Washington Highway North & Yadkin Road A conditional zoning reclassification of a 3.7753 acre parcel from O&I, Office and Institutional District, to R-MF-1, Multifamily Residential District to allow residential condominiums with no age restriction. SUBMITTED: 9-10-12 ACKNOWLEDGED BY COUNCIL: 11-13-12 STAFF RECOMMENDATION Approval with proffers HEARING DATE: 11-14-12 PLANNING COMMISSION RECOMMENDATION: APPROVAL with proffers VOTE: 7-2 ATTACHMENTS Minutes, Proffer Statement, Staff Reports, Fiscal Impact Analysis, Site Plan, Aerial, GIS Parcel Exhibit
2 APPLICATION SUMMARY R(C)-12-15 Washington Arms Condominiums APPLICANT: Douglas W. Fuller Corporation Attn: Doug Fuller 1401 Precon Drive, Suite 101 Chesapeake, VA 23320 545-5500 dfuller@precononline.com Officer: Douglas W. Fuller, President, sole owner OWNERS: Southern Bank & Trust, Co. Attn: Craig W. Reed, Vice President 3720 Virginia Beach Blvd Virginia Beach, VA 23452 340-3706 No email address Members: Bank of the Commonwealth Craig W. Reed, Vice President Shirley A. Culbreth Nancy K. Nelson Sylvia A. Davis Revocable Trust Sylvia A. Davis, Trustee Trena S. Alexander Melinda L. Ellis Franklin D. Seeds, Jr. AGENCY: Engineering Services, Inc. Attn: Mr. Walton P. Burkhimer, Jr., PE 3351 Stoneshore Road Virginia Beach, VA 23452 468-6800 wpb@esiofva.com
Chesapeake Planning Commission DRAFT November 15, 2012 Public Hearing Minutes 3 R(C)-12-15 PROJECT: Washington Arms, Senior Citizen Condominiums APPLICANT: Douglas W. Fuller Corporation AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of a 3.7753 acre parcel from O&I, Office and Institutional District, to R-MF-1, Multi-family Residential District to allow residential condominiums with no age restriction PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: Northwest corner of the intersection of Old George Washington Hwy North & Yadkin Rd TAX MAP SECTION/PARCELS: 0254032000001, 0254032000150, 0254032000160, 0254032000170, 0254032000180 BOROUGH: Deep Creek PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that R(C)-12-15 be APPROVED with the following proffers: (7-2; Kish/Bell, Whitted, Van Laethem opposed) 1. The property will be developed as residential condominium units for sale, with the number of units not to exceed 28. 2. The layout of the units and site improvements shall be substantially the same as depicted on the final site plan previously approved and constructed pursuant to R(C)-04-24. 3. The exterior finishes and design of those units constructed on or after December 1, 2012 shall be, in the determination of the Planning Director or designee, of comparable quality and compatible style to those units already existing on that date. 4. The applicant/owner agrees to make a cash contribution to the City of Chesapeake for capital improvements to public school facilities, public transportation facilities, public libraries, and public emergency service facilities. The amount of the voluntary cash contribution shall be $2,000.00 per residential dwelling unit. The applicant/owner agrees to make the proffered cash contribution prior to the issuance of a certificate of occupancy for each residential dwelling unit, or building containing residential units. The applicant/owner acknowledges and agrees that the cash contribution may be deposited into the City of Chesapeake s lock box, also known as the General Fund Reserve for Future Capital Needs and shall be subject to City Council approval prior to appropriation and used for capital improvements as permitted by the Chesapeake Proffer Policy.
4 Chesapeake Planning Commission DRAFT November 15, 2012 Public Hearing Minutes Mrs. Hanson read R(C)-12-15 into the record for Commission review and action. Staff Presentation: Mr. McKay stated that based on sound planning practices, Planning staff recommended R(C)-12-15 be APPROVED with the proffers as listed in the official agenda. Proponent: Walton P. Pete Burkhimer, Jr., PE, Engineering Services, Inc., 3351 Stoneshore Road, Virginia Beach, Virginia, appeared before the Commission on behalf of R(C)-12-15 representing the applicant. Douglas W. Fuller, Applicant, 640 Bartell Drive, Chesapeake, Virginia, appeared before the Commission on behalf of R(C)-12-15 representing Washington Arms, Senior Citizen Condominiums. Opponent: Shirley A. Culbreth, 2800 Gavin Road, Chesapeake, Virginia, appeared before the Commission in opposition to R(C)-12-15 representing herself. Ms. Culbreth stated that she purchased her home in an age restricted community, in good faith, and said it should remain age restricted. She was opposed of having the age restriction lifted. COMMISSION DISCUSSION: Commissioner Kish stated that this was a land use development issue. He explained that this was a development that was not moving forward and said there were three owners who were unable to refinance their condominiums. Property becomes worthless if you are unable to refinance and sell. He stated that this was a proposal, someone who can finish this development and place it on the market. He stated condominiums, without age restrictions, are selling in Chesapeake and that this was an opportunity for the current residents there to win as well as Chesapeake. He said by completing the buildings would increase and maintain the value of the surrounding condos. Commissioner Van Laethem stated that a neighborhood that is potentially in the decline could be one on the arise. His suggestion was for the developer and the community to meet and come to a mutually supportive agreement that would perhaps allow this project to move forward and potentially remove the age restriction as well as support the current residence as they did by thinking it would be an age restricted community. He was prepared to make a substitute motion for a 30 day continuance.
Chesapeake Planning Commission DRAFT November 15, 2012 Public Hearing Minutes 5 COMMISSION VOTE: Commissioner Kish moved that R(C)-12-15 be APPROVED with the proffers as listed in the official agenda and as recommended by staff. Commissioner Bell seconded the motion. Commissioner Van Laethem made a substitute motion and moved that R(C)-12-15 be CONTINUED for 30 days. Commissioner Whitted seconded the motion. Mr. Burkheimer stated the applicant s contract ends on the property if the rezoning was not accomplished by the 31 st of this year. He said his applicant does not concur with the proposed continuance and requested that the Commission vote on the item. Commissioner Van Laethm withdrew the substitute motion. The motion to APPROVE was carried by a vote of 7-2. Commissioners Van Laethem and Whitted voted against the motion.
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32 Washington Arms Condominiums R(C)-12-15 APPLICANT: Douglas W. Fuller Corporation AGENCY: Engineering Services, Inc. PROPOSAL: A conditional zoning reclassification of a 3.7753 acre parcel from O&I, Office and Institutional District, to R-MF-1, Multi-family Residential District to allow residential condominiums with no age restriction PROPOSED COMP LAND USE / DENSITY: Medium Density Residential EXISTING COMP LAND USE / DENSITY: Business/Commercial LOCATION: Northwest corner of the intersection of Old George Washington Hwy North & Yadkin Rd TAX MAP SECTION/PARCELS: 0254032000001, 0254032000150, 0254032000160, 0254032000170, 0254032000180 BOROUGH: Deep Creek