Planning Commission

CITY OF COLONIAL HEIGHTS, VIRGINIA MEETING OF THE PLANNING COMMISSION City Hall, Council Chambers, 201 James Avenue Tuesday, September 6, 2022 7:00 p.m. AGENDA I. Call to Order II. Roll Call III. Determination of Quorum IV. Approval of Minutes for July 5, 2022 meeting V. Approval of Agenda VI. Hearing of Citizens Generally VII. Public Hearings A. PC RESOLUTION NO. 22-09 AND AN ORDINANCE NO. 22-15 To change the Comprehensive Plan Land Use Map classification map of 115 Dupuy Avenue, former parcel identification number 3000050000B, now part of parcel identification number 3000050000D, from RL-Residential Low Density to Community Commercial. B. PC RESOLUTION NO. 22-10 AND AN ORDINANCE NO 22-16 To change the zoning classification of 115 Dupuy Avenue, former parcel identification number 3000050000B, now part of parcel identification number 3000050000D, from RL – Residential Low Density District to BB – Boulevard Business District and to amend the Zoning District Map accordingly. VIII. Old Business IX. New Business/Reports A. Tri-Cities Area MPO Plan 2045 - Ron Svejkovsky Reports 1. Chairman 2. Director of Planning and Community Development – Mrs. Brown 3. City Engineer or Designee – Asst. Director of Public Works – Mr. Campbell 4. Others, as necessary or appropriate a. City Manager – Mr. Smith b. City Attorney – Mr. Fisher X. Adjournment  CITY OF COLONIAL HEIGHTS, VIRGINIA MEETING OF THE PLANNING COMMISSION City Hall, Council Chambers, 201 James Avenue Tuesday, July 5, 2022 7:00 p.m. MINUTES I. Call to Order The meeting was called to order at 7:00 p.m. II. Roll Call Present: Mr. Hartson Mrs. Schiff Mrs. Hamilton Mr. Kohan Mr. Kwiek (Virtual participation) Mr. Wade (Virtual participation) Absent: Mrs. Levenson-Melvin Mr. Kwiek, who wished to participate remotely, stated that he was unable to attend the meeting due to a personal matter – i.e., a vacation. He added that he was participating remotely from Cape Hatteras, North Carolina; and this is the first meeting of the calendar year in which he has participated remotely. Mrs. Schiff made a motion, seconded by Mr. Kohan, to approve Mr. Kwiek’s remote participation; and by a unanimous vote the commissioners approved the motion. Mr. Wade, who wished to participate remotely, stated that he was unable to attend the meeting due to a personal matter – i.e., a vacation. He added that he was participating remotely from just outside of Myrtle Beach, South Carolina; and this is the first meeting of the calendar year in which he has participated remotely. Mrs. Schiff made a motion, seconded by Mr. Kohan, to approve Mr. Wade’s remote participation; and by a unanimous vote the commissioners approved the motion. 1 III. Determination of Quorum A quorum was determined. IV. Approval of Minutes for May 3, 2022 Meeting Mrs. Hamilton requested that a change be made to the minutes in the fourth paragraph from the top on page three. She asked that the sentence read “…homes to be compatible with existing homes” instead of “match existing homes”. Mr. Kwiek asked that on page three, paragraph two the phrase “during school hours” to be added to his statement “…may lead to back up on Conduit Road”. Mr. Kohan made a motion to approve the May minutes with amendments and Mrs. Schiff seconded the motion with all commissioners in favor. V. Approval of Agenda Mrs. Schiff made a motion to approve the Agenda and Mrs. Hamilton seconded the motion with all commissioners in favor. VI. Hearing of Citizens Generally No citizens spoke. VII. Public Hearings A. PC RESOLUTION NO. 22-07 AND AN ORDINANCE NO. 22-12 Amendment to § 286-322.10 of Chapter 286, Zoning, to clarify the Wetlands Board Application Fee. Mrs. Brown shared that this resolution would update the ordinance to reflect the current fee schedule. Mr. Fisher explained the discrepancy between two different sections of the code. Mrs. Schiff made a motion to approve PC Resolution 22-07 and Mr. Kohan seconded the motion. Vote: 6 -0 Yes: Mr. Hartson Mrs. Schiff Mrs. Hamilton Mr. Kohan Mr. Kwiek 2  Mr. Wade No: none Motion: Unanimous Pass VIII. Plans of Development/Preliminary Subdivision Plans A. PD 22-04 325 Charles Dimmock Parkway Parcel ID #68210000001 Property Owner “Dominion CH LLC” proposes a preliminary plan of development of an 83,895 square foot, five-story hotel; and a retail facility containing 6,850 square feet. The site is zoned GB – General Business. Mrs. Brown shared a map with a blue star depicting the location for the proposed hotel. The site is located between Charles H. Dimmock Parkway and Jennick Drive, and was previously a parking lot. One hundred and thirty-five hotel rooms were proposed for the plan. Staff recommended approval subject to addressing comments on a final development plan. Derek Johnson with Timmons Group was present to represent the developer. Mr. Hartson asked what the retail space entails; and Mr. Johnson explained that the first floor would include additional space for retail or a restaurant. No rooms would be located on the first floor. Mr. Kohan asked if the retail space could be leased or sublet. Mr. Johnson stated that the hotel could lease the space. Mr. Kohan asked Mr. Fisher if the City would have a say in what was allowed in the retail space and Mr. Fisher stated that as the hotel owns the property they would have control as long as it meets zoning requirements. Mr. Kohan asked if the hotel was an extended stay type of hotel. Mr. Johnson stated that it was not that type of hotel. Mr. Smith stated that on the Hilton website, this proposed line of hotel, “Home2”, was advertised perfect for one night, one week or more. While it is not directly labeled as an extended stay hotel, he stated that the advertisement leaves it open to various types of stays, including a kitchenette in the suites. Mr. Hartson asked Mr. Campbell if this hotel would impact traffic. Mr. Campbell stated that it would not impact traffic. Mrs. Hamilton agreed with the Police Chief’s assessment to include indoor and outdoor security cameras. Mr. Wade asked about the type of retail that would be considered for the space, and whether alcohol would be sold. Mr. Johnson stated that there were no specifics at this time, but that Mr. Amin had mentioned the potential of a cryogenics wellness center. 3  Mr. Kwiek stated that he had stayed in this type of hotel and it was a five-star hotel in his opinion. Mrs. Schiff made a motion to approve PD 22-04 and Mr. Wade seconded the motion. Vote: 6-0 Yes: Mr. Hartson Mrs. Schiff Mrs. Hamilton Mr. Kohan Mr. Kwiek Mr. Wade No: none Motion: Unanimous Pass IX. Old Business Mr. Kohan asked about what could be done about the Sherwood Hills pool. Mr. Fisher stated that it was delinquent on its taxes and action would be taken by the City. Mr. Kohan asked Mr. Smith for an update on the former Sears building project. Mr. Smith stated he would return with an update at a later date. Mrs. Schiff asked Mr. Campbell if the fountain adjacent to Exit 54 could be improved. Mr. Smith stated that this was also discussed with City Council and they were working on it. She also asked if the City Focus could include a message to citizens to clean up their curb and gutter. Mr. Campbell stated that the City is very flat which creates issues with drainage. Additionally, he was unsure how such a message could be construed which could lead to concerns about illicit discharge. Mrs. Hamilton asked whether a new Code Enforcement Inspector had been hired. Mrs. Brown replied that the new inspector would begin mid-July. Mr. Kwiek asked Mr. Campbell for an update on the Dunlop Village entrance. Mr. Campbell stated that it was under construction. Mr. Wade asked about repainting of crosswalk at Tussing Elementary, and whether the crosswalk would be moved. Mr. Smith stated that he had spoken to Mr. Flippen about the repainting but that he did not believe it would be moved. 4 X. New Business/Reports Reports 1. Chairman- Mr. Hartson Mr. Hartson shared that the Tri-Cities Area Metropolitan Planning Organization (MPO) Plan 2045 Colonial Heights representative is John Wood. The executive secretary, Mr. Ron Svejkovsky will be at the next meeting to discuss this plan with the Planning Commission. He felt this information will be important to incorporate into the Comprehensive Plan the next time it is reviewed. Mr. Hartson also shared information about the Fall Line Trail, and the Ashland to Petersburg Trail Study, which would intersect Colonial Heights. This $266.5 million-dollar project would intersect Biltmore Avenue in Sherwood Hills. Mr. Smith stated that staff was reaching out to Council about doing a walkthrough of the trail route and invited Planning Commission to join, to see the planned route and how it would intersect the community. He stated he could also share public comments once collected from VDOT. 2. Director of Planning and Community Development – Mrs. Brown Mrs. Brown stated that the Tri-Cities Area MPO Plan 2045 was the only item on the August Agenda. 3. City Engineer or Designee – Asst. Director of Public Works – Mr. Campbell Mr. Campbell shared that the Temple Ave site of Royal Farms and Valvoline were on the verge of closeout and transferring to a one-year maintenance period. Staff met with the stakeholders involved in the Sanctuary development. He was hopeful that things would move along with approval in the next two months. Mr. Campbell stated that the Pavement Preservation Project was completed under budget. Mr. Wade asked for an update in regards to drainage issues at Huntington Drive, Conjuror’s Drive, and Conduit Road. Mr. Campbell stated that they tried to get the work done under the Pavement Preservation Project, but that the pavement preservation company was unable to find a concrete contractor willing to do the curb and gutter within budget. This means it has become a breakout project under the Capital Improvements Plan. The Public Works Department was in the process of pursuing the project. Mr. Wade asked if there was a time prediction, and Mr. Campbell replied that he had no prediction at that time. Mr. Wade asked that the Public Works Department follow up with a citizen in that area of the City who had expressed concerns about the drainage in a previous meeting. Mr. Smith stated that he would pass the citizen’s information along to be contacted. 4. Others, as necessary or appropriate a. City Manager – Mr. Smith Mr. Smith shared that Royal Farms and Valvoline came out nicely and have had a successful opening. 5  b. City Attorney – Mr. Fisher No report. XI. Adjournment Mrs. Schiff made a motion to adjourn and Mr. Wade seconded the motion to adjourn. The meeting was adjourned at 7:51pm. 6 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Print Rezoning and Comprehensive Plan Amendment Application - Submission #57060 Date Submitted: 8/26/2022 Rezoning and Comprehensive Plan Amendment Application Please respond in full to those questions that pertain to the particular map, text or both map and text amendment(s) that are being requested. An application is complete when the fee and all requested information is received. Incomplete applications will not be considered. The deadline for an application is the first Tuesday of the month. Please put N/A for a question that is not related to the request. Date of Request* 7/20/2022 Amendment Type* Please check the type of amendment. Map Amendment Text Amendment Map and Text Amendment Applicant Information Property Owner City of Colonial Heights Mailing Address of Owner 201 James Ave Colonial Heights, VA 23834 Street Address, City, State, Zip Code Contact Name* Karen Epps Email Address * eppsk@colonialheightsva.gov https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 1/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Telephone Number* 804-898-3002 Purchaser/Lessee N/A Name, Phone Number, Mailing Address and Email Address Developer (if applicable) N/A Name. Phone Number, Mailing Address and Email Address Engineer (if applicable) N/A Name, Phone Number, Mailing Address and Email Address Correspondence * Please check who should receive correspondence in addition to the Contact. Purchaser/Lessee Developer Engineer None Map Plan Amendment Parcel Identification 3000050000D Subdivision Lot and Parcel Number and/or Tax Map Designation Name of Subdivision Lot D Carterette Subdivision https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 2/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Address of Request 115 Dupuy Ave Colonial Heights, VA 23834 Street Address, City, State, Zip Code Site Acreage 0.277 FKA 3000050000B Current Square Footage of Structure(s) 1382 Current Land Use Residential Single Family Current Zoning Residential Low Proposed Land Use Community Commercial Proposed Zoning Boulevard Business Proposed Square Footage of Structure(s) Not known Vehicles per Peak Hour (VPH) Traffic Impact Analysis Not known Not known https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 3/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Attachments* Check all applicable below: Adjacent Property Owners Form Ten Copies of the Plat of the Subject Property and Preliminary Plans Conditional Zoning document (if applicable) Applicant's Affidavit, if not owner Building Elevations Traffic Impact Analysis Fee ($500-100VPH or less, $1,000-more than 100VPH) $1,500 application fee (non-refundable) Adjoining Property Owners All adjacent property owners shall be listed. Adjacent property owners include all property across from roadways, watercourses, railroads, and/or municipal boundaries. The names and addresses below are those of adjacent property owners as listed in the tax records of the City Assessor and County Assessor if applicable. Parcel ID # Name Street Address 3000050000D Please see excel Please see excel spreadsheet. 3000050000C spreadsheet. 3000010E001 3000010E002 3000010E003 3000010E004 3000010E005 27001000003 29001000002 29000800016 2900010K001 29000700004, 2900070001A 3900010030A 2900010A001 2900010A002 3100040A006 3100040A003 3000010F006 Supplemental Questions Comprehensive Plan Colonial Heights Zoning Comprehensive Plan Chapter 286 Zoning https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 4/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Explain how this request is consistent with the Comprehensive Plan.* The requested Community Commercial land use map amendment corresponds to the requested rezoning to BB – Boulevard Business. The Community Commercial designation would also match the remainder of this property. According to the Comprehensive Plan, Chapter 3, (Land Use), the primary uses in the Community Commercial classification include office, retail, personal service, and other commercial and service uses, intended to provide the shopping and service needs of residents of a number of nearby neighborhoods and other City residents. This category includes a range of uses with vehicular access and orientation, but that is also compatible with nearby residential areas. The proposed change in land use designation to Community Commercial would also further the following goals and objectives listed in the Comprehensive Plan, Chapter 2: • Increase employment opportunities in the City. • Diversify the economic base. • Improve commercial areas. • Revitalize neighborhoods; and • Strengthen and promote the City’s commercial areas. Explain how this request will impact the surrounding neighborhood and/or the City of Colonial Heights.* This request is consistent with the majority of this property as zoned Boulevard Business. What is the Land Use and Transportation Plan Map designation of the subject property? Boulevard Commercial Strategy Area Describe in detail the proposed use of the property. Uses allowed under the Boulevard Business Classification include, but are not limited to, retail and offices. List any sensitive environmental or unique features of the property. Once demolished, this will be a site ready for infill development possibilities. Have you prepared a conceptual plan of the proposed development, including proposed uses, general lot configurations and road locations? Not known at this time What provisions will be made to provide safe and adequate access to the subject property? Ingress/Egress will be approved by the Engineering department. Please identify any known or suspected historic resources on both the subject property and adjacent properties. No, this property is located in the architectural character district but is exempt from ARB review and approval per §286-324.16. https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 5/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Text Amendment - ORIGINAL N/A Please copy and paste the original text to be amended, along with page numbers. Text Amendment - PROPOSED N/A Conditional Zoning Application Approval The City Clerk on behalf of the City Council will send a letter to the applicant, with the approved ordinance including all proffers approved with the rezoning. Upon consideration of the proposed rezoning, the City Council shall consider the following factors and shall concur therein before acceptance of any of the additional conditions proffered. Proffered Conditions None (list all items) Please explain the manner in which the proposed zoning itself gives rise to the need for the additional conditions, relationship to the rezoning and the physical operation of the property and consistency with the Comprehensive Plan. None Statement With the signing of this form, the property owner certifies that no cash contribution to the City has been solicited or offered as part of the proffer; as has no mandatory dedication of real or personal property, on- or off-site, for open space, parks, schools, fire departments or other public facilities. Surety Bond required? Attachments If additional attachments needs to be sent, please send them to siteplans@colonilaheightsva.gov Attachment #1 LABELS_Excel Mail Merge.xlsx https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 6/7 8/29/22, 4:34 PM https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 Attachment #2 Choose File No file chosen Attachment #3 Choose File No file chosen Attachment #4 Choose File No file chosen Attachment #5 Choose File No file chosen Correspondence For questions, please call (804) 520-9297 Please mail paper correspondence to: Planning & Community Development 201 James Avenue Colonial Heights, VA 23834 Please make checks payable to The City of Colonial Heights. https://www.colonialheightsva.gov/Admin/FormCenter/Submissions/Print/57060 7/7  CP – 22-1 Comprehensive Plan Amendment Request A portion of Parcel ID 3000050000D Change land use map from Low Density Residential to Community Commercial The City of Colonial Heights, property owner, and applicant, wishes to change the land use classification of 115 Dupuy Avenue, from Low Density Residential to Community Commercial. The subject parcel was formerly known as parcel identification number 3000050000B, now part of parcel identification number 3000050000D. The parcel contains 0.277 acres and is currently occupied by a vacant dwelling unit. Location: This property is located at 115 Dupuy Avenue and is surrounded by the Courthouse properties, with the Community Commercial land use designation and zoned BB Boulevard Business. Several residential structures are located to the west and designated as low density residential. The legal description is Lot D, Carterette Subdivision. Existing Land Use: The existing land use is currently classified as Residential – low density. Existing Zoning: The existing zoning is currently RL – Low Density Residential District. Surrounding Land Uses: North – The property is directly across the street from commercial and residential, multi-family land uses, to include a car wash, gas station and the Dupuy Court Apartments. South – The property directly adjoins the Courthouse properties. East - The property directly adjoins the Courthouse properties. West – The property adjoins Residential - Low Density Single Family land uses. Relationship to Comprehensive Plan: The requested Community Commercial land use map amendment corresponds to the requested rezoning to BB – Boulevard Business. The Community Commercial designation would also match the remainder of this property. According to the Comprehensive Plan, the primary uses in the Community Commercial classification include office, retail, personal service, and other commercial and service uses, intended to provide the shopping and service needs of residents of a number of nearby neighborhoods and other City residents. This category includes a range of uses with vehicular access and orientation, but that is also compatible with nearby residential areas. Analysis of Request: In 2015, this parcel was acquired by the City and the site has since then remained vacant. In 2016, the surrounding city-owned Courthouse parcels were rezoned from RL – Low Density to BB – Boulevard Business. In addition, this area was changed in the Comprehensive Plan Land Use Map to Community Commercial. In 2021, the subject property was combined with the larger parcel of undeveloped City-owned property that runs from 115 Dupuy to the Boulevard. If approved, 115 Dupuy Avenue will be changed to match the land use classification of the majority parcel which will make the whole parcel consistent. The proposed land use map amendment is effectively a housekeeping measure that will allow the subject property to be consistent with the remainder of the City-owned property, which is designated as Community Commercial. Recommendation: The recommendation from staff is for the Planning Commission to approve Planning Commission Resolution 22-09 which recommends passage of Ordinance Number 22-15 to City Council. Exhibit 1 – Plat Exhibit 2 – Location Map Exhibit 3 – BEFORE - Land Use Map Exhibit 4 –AFTER - Land Use Map Exhibit 1 – Plat Exhibit 2 - Location Map Exhibit 3 – BEFORE Land Use Map Exhibit 4 – AFTER Land Use Map  PLANNING COMMISSION RESOLUTION NO. 22-09 To recommend that the City Council approve Ordinance No. 22-09 to change the land use classification of a tract of approximately 0.277 acres of real property on the Land Use Plan map, which is part of the City Comprehensive Plan (i.e., Master Plan), from Low Density Residential to Community Commercial. The approximate 0.277 acre tract is known as Lot D, Carterette Subdivision, parcel identification number 3000050000D, with a physical address of 115 Dupuy Avenue. Approved this 6th day of September 2022. APPROVED: ____________________________________ Chairman ATTEST: _____________________________________ Secretary Page 1 of 1  AN ORDINANCE NO. 22-15 To change from Residential Low Density District to Community Commercial the Comprehensive Plan Land Use Map classification of a 0.277 acre property (which was previously parcel identification number 3000050000B) owned by the City of Colonial Heights, which is known as 115 Dupuy Avenue, and is now part of parcel identification number 3000050000D and part of Lot D, Carterette Subdivision; and to amend the Land Use Map accordingly. WHEREAS, City Council has adopted a Comprehensive Plan (i.e., Master Plan) for the City as a guide for the City’s orderly development; and WHEREAS, upon application of the City, it is appropriate to change from “Residential Low Density District” to “Community Commercial” the land use classification of the 0.277 acre portion (previously known as parcel identification number 3000050000B) of the new parcel identification number 3000050000D, consisting of an aggregate of 1.49 acres (the “parcel”), on the Comprehensive Plan Land Use Plan Map; and WHEREAS, the 1.49 acre parcel is known as Carterette Subdivision, Lot D; has parcel identification number 3000050000D; and has a street address of 115 Dupuy Avenue ; and WHEREAS, after consideration and a public hearing, the Planning Commission recommended that City Council approve the Comprehensive Plan change, this Ordinance, and Planning Commission Resolution No. 22-09, which is attached to and made a part of this Ordinance; and WHEREAS, City Council has held a public hearing to receive citizen comment on the proposed Comprehensive Plan change; and WHEREAS, the determination of City Council is that the public necessity, convenience, general welfare, and good planning and zoning practice require that the Comprehensive Plan change be approved; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLONIAL HEIGHTS: 1 ORDINANCE NO. 22-15  1. After public hearing and consideration, the City Council approves amending the Comprehensive Plan Land Use Map so as to change from “Residential Low Density District” to “Community Commercial” the land use classification of a 0.277 acre portion of the parcel consisting of an aggregate of 1.49 acres known as Carterette Subdivision, Lot D; which has parcel identification number 3000050000D and a street address of 115 Dupuy Avenue. 2. The change in land use classification is depicted on the attached copy of the Land Use Plan Map, which is approved and made a part of this ordinance. 3. The City Planning and Community Development staff shall proceed with incorporating the amendment into the Colonial Heights Comprehensive Plan. 4. Upon final approval, the City Clerk shall provide the Colonial Heights Circuit Court Clerk with a certified copy of this ordinance and its attachments; and the Circuit Court Clerk shall promptly file the ordinance and its attachments. 5. This ordinance shall be in full force and effect upon its approval on second reading. Approved: _____________________________ Mayor Attest: ____________________________ City Clerk **************** I certify that the above ordinance was: Adopted on its first reading on ________________________________________. Ayes: ________. Nays: ________. Absent: _________. Abstain: _________. The Honorable Kenneth B. Frenier, Councilmember: The Honorable John E. Piotrowski, Councilmember: 2 ORDINANCE NO. 22-15 The Honorable Dr. Laura F. Poe, Councilmember: The Honorable Robert W. Wade, Councilmember: The Honorable John T. Wood, Councilmember: The Honorable Elizabeth G. Luck, Vice-Mayor: The Honorable T. Gregory Kochuba, Mayor: Adopted on its second reading on _______________________________________. Ayes: _________. Nays: _________. Absent: _________. Abstain: _________. The Honorable Kenneth B. Frenier, Councilmember: The Honorable John E. Piotrowski, Councilmember: The Honorable Dr. Laura F. Poe, Councilmember: The Honorable Robert W. Wade, Councilmember: The Honorable John T. Wood, Councilmember: The Honorable Elizabeth G. Luck, Vice-Mayor: The Honorable T. Gregory Kochuba, Mayor: _____________________________ City Clerk Approved as to form: _________________________________ City Attorney 3 ORDINANCE NO. 22-15  Z – 22-1 Rezoning Request Parcel ID 3000050000D Rezone from RL Low Density District to BB Boulevard Business District The City of Colonial Heights, property owner, and applicant, wishes to rezone 115 Dupuy Avenue, from RL Low Density Residential to BB Boulevard Business District; and amend the Zoning Map accordingly. The subject parcel was formerly known as parcel identification number 3000050000B, now part of parcel identification number 3000050000D. The parcel contains 0.277 acres and is currently occupied by a vacant, single-family dwelling. Location: This property is located at 115 Dupuy Avenue and is surrounded by the Courthouse properties, zoned BB Boulevard Business, and several residential structures to the west, zoned RL Low Density. The legal description is Lot D, Carterette Subdivision. The parcel contains 0.277 acres. Existing & Future Land Use: Moving forward concurrently with this rezoning request is a Comprehensive Plan Land Use Map request to change the land use classification from low density residential to community commercial, which is consistent with the majority of this property. Existing Zoning: The existing zoning is currently RL – Low Density Residential District. Future Zoning: Pursuant to § Section 286-308.04, the BB Boulevard Business District allows a variety of residential, civic, office and commercial use types, such as, but not limited to, general retail, offices, and restaurant uses. Surrounding Uses & Zoning: North – The Flag Stop car wash and Wawa commercial uses are directly across Dupuy Avenue and zoned BB Boulevard Business. South – The property directly adjoins the Courthouse properties, zoned BB – Boulevard Business. East - The property directly adjoins the Courthouse properties, zoned BB – Boulevard Business. West – The parcel immediately adjacent to the West is residential, zoned RL – Low Density Residential. Relationship to Comprehensive Plan: The requested rezoning and concurrent comprehensive plan amendment will match the remainder of this property, which is zoned BB – Boulevard Business with a comprehensive plan land use designation as Community Commercial. Analysis of Request: In 2015, this parcel was acquired by the City and the structure has since then remained vacant. In 2016, the surrounding city-owned Courthouse parcels were rezoned from RL – Low Density to BB – Boulevard Business. In 2021, the subject property was combined with the larger parcel of undeveloped City-owned property that runs from 115 Dupuy to the Boulevard. If approved, 115 Dupuy Avenue will be rezoned to match the zoning of the majority parcel which will make the zoning of the whole parcel consistent. The proposed rezoning is effectively a housekeeping measure that will allow the subject property to be zoned consistently with the remainder of the City-owned property, which is zoned BB – Boulevard Business. Additionally, there has been interest in the site and the proposed rezoning will prevent delays and create a “site ready” property. Recommendation: The recommendation from staff is for the Planning Commission to approve Planning Commission Resolution 22-10 which recommends passage of Ordinance Number 22-16 to the City Council. Exhibit 1 – Location Map Exhibit 2 – Property Card from Assessor’s Office Exhibit 3 – Existing Zoning Map Exhibit 4 – Proposed Zoning Map Exhibit 1 – Location Map Exhibit 2 – Property Card from Assessor’s Office Exhibit 3 – Existing Zoning Map Exhibit 4 – Proposed Zoning Map  PLANNING COMMISSION RESOLUTION NO. 22-10 To recommend that the City Council approve Ordinance No. 22-10 to change the zoning classification of an approximate 0.277 acre parcel with parcel identification number 3000050000D, and a physical address of 115 Dupuy Avenue from RL - Residential Low to BB – Business Boulevard District; and to amend the Zoning Map accordingly. Approved this 6th day of September 2022. APPROVED: ____________________________________ Chairman ATTEST: _____________________________________ Secretary Page 1 of 1  AN ORDINANCE NO. 22-16 To change from RL – Residential Low Density District to BB – Boulevard Business District the zoning classification of a 0.277-acre property owned by the City of Colonial Heights, which is known as 115 Dupuy Avenue, and is now a part of parcel identification number 3000050000D and part of Lot D, Carterette Subdivision; and to amend the Zoning District Map accordingly. WHEREAS, the City of Colonial Heights merged two contiguous city-owned parcels by boundary line adjustment to create a new parcel of 1.49 acres with a street address of 115 Dupuy Avenue and a new parcel identification number of 3000050000D; and WHEREAS, one of the merged parcels contained 0.277 acre and was known as 115 Dupuy Avenue, parcel identification number 3000050000B; and the other parcel merged contained 1.213 acres and was part of Colonial Heights Subdivision, Lot E, Block E, parcel identification number 30001E0000; and WHEREAS, the zoning classification for the above-referenced 0.277 acre portion of 115 Dupuy Avenue is RL – Residential Low Density; and the zoning classification of the above- referenced 1.213 acre portion is BB – Boulevard Business District; and WHEREAS, the City has filed an application to rezone the 0.277 acre portion of the newly created Lot D, parcel identification number 3000050000D from RL – Residential Low Density to BB – Boulevard Business District, and to amend the Zoning District Map accordingly; and WHEREAS, after consideration and a public hearing, the Planning Commission approved Planning Commission Resolution No. 22-10, which is attached to and made a part of this Ordinance, and recommended that City Council approve the change in zoning classification and this Ordinance; and WHEREAS, City Council has held a public hearing to receive citizen comment on this Ordinance; and 1 ORDINANCE NO. 22-16  WHEREAS, City Council finds that the public necessity, convenience, general welfare, and good planning and zoning practice require that the rezoning be approved; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLONIAL HEIGHTS: 1. After public hearing and consideration, the City Council approves changing from RL–Residential Low Density District to BB–Boulevard Business District the zoning classification of the previously-described 0.277 acre portion of parcel identification number 3000050000D, which has a street address of 115 Dupuy Avenue and is Lot D of the Carterette Subdivision. 2. The attached Zoning District Map, which is made a part of this Ordinance, depicts the zoning reclassification and is approved. 3. Upon final approval, the City Clerk shall provide the Colonial Heights Circuit Court with a certified copy of this ordinance and its attachments; and the Circuit Court Clerk shall promptly file the ordinance and its attachments. 4. This ordinance shall be in full force and effect upon its approval on second reading. Approved: _____________________________ Mayor Attest: ________________________ City Clerk **************** I certify that the above ordinance was: Adopted on its first reading on ________________________________________. Ayes: ________. Nays: ________. Absent: _________. Abstain: _________. 2 ORDINANCE NO. 22-16 The Honorable Kenneth B. Frenier, Councilmember: The Honorable John E. Piotrowski, Councilmember: The Honorable Dr. Laura F. Poe, Councilmember: The Honorable Robert W. Wade, Councilmember: The Honorable John T. Wood, Councilmember: The Honorable Elizabeth G. Luck, Vice-Mayor: The Honorable T. Gregory Kochuba, Mayor: Adopted on its second reading on _______________________________________. Ayes: _________. Nays: _________. Absent: _________. Abstain: _________. The Honorable Kenneth B. Frenier, Councilmember: The Honorable John E. Piotrowski, Councilmember: The Honorable Dr. Laura F. Poe, Councilmember: The Honorable Robert W. Wade, Councilmember: The Honorable John T. Wood, Councilmember: The Honorable Elizabeth G. Luck, Vice-Mayor: The Honorable T. Gregory Kochuba, Mayor: _____________________________ City Clerk Approved as to form: _________________________________ City Attorney 3 ORDINANCE NO. 22-16