Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JULY 15, 2014 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT SCOTT MILLS, AICP, DIRECTOR THE REGULAR MEETING WILL BE HELD AT 2:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS OF THE SUFFOLK MUNICIPAL BUILDING IF YOU CANNOT ATTEND OR NEED SPECIAL ACCOMODATIONS AT THE MEETING, PLEASE CALL THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT AT (757) 514-4060 PRIOR TO 12:00 NOON ON FRIDAY, JULY 11, 2014. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION JULY 15, 2014 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Election of Officers 3. Approval of minutes from previous meeting 4. Public Hearings: A. REZONING REQUEST, RZ03-14, (Conditional), Rite-Aid: submitted by Karl Kelly Holloman, P.E. of VHB, agent, on the behalf, Allen Weaver of Area Development Group, Incorporated, applicant, on behalf, Bessie Boyce Gardner, property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium density zoning district, to B-2, General Commercial (Conditional) zoning district, for a portion of that property identified as Zoning Map 33A, Parcel(s) H5. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RLM, Residential Low Medium density zoning district. The 2026 Comprehensive Plan designates this area as part of the Central Suburban / Urban Growth Area, Suburban development district. B. REZONING REQUEST, RZ04-14, (Conditional), Rite-Aid: submitted by Karl Kelly Holloman, P.E. of VHB, agent, on the behalf, Allen Weaver of Area Development Group, Incorporated, applicant, on behalf, James F. Russell, property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial (Conditional) zoning district, to B-2, General Commercial (Conditional) zoning district, for property located at 102 Staley Drive, Zoning Map 33A, Parcel(s) AW*1. The intent of this request is to amend the previously approved proffered conditions pertaining to the use and development of the subject property. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned B-2, General Commercial (Conditional) zoning district. The 2026 Comprehensive Plan designates this area as part of the Central Suburban / Urban Growth Area, Suburban development district. 5. Old Business Page 1 6. New Business A. Status Report – City Council Meeting, June 18, 2014 7. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION June 17, 2014 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, June 17, 2014 at 2:00 p.m., in the Council Chambers of the Municipal Building, 441 Market Street, Suffolk, Virginia, with the following persons present: MEMBERS: STAFF: Howard Benton, Chairman Helivi Holland, City Attorney Arthur Singleton, Vice-Chairman Scott Mills, AICP, Director of Planning Johnnie Edwards Bob Goumas, AICP, Asst. Dir. of Planning Thomas Savage Shanda Davenport, Principal Planner James R. Rountree Catina Myrick, Executive Secretary William S. Perry James Vacalis William Goodman The meeting was called to order by Chairman Benton and Commissioner Singleton opened with a prayer. The roll was called by Mr. Mills and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. PRELIMINARY SUBDIVISION PLAT: PRELIMINARY SUBDIVISION PLAT, PS04-14, Centerbrooke Village, Lot 4-B, submitted by H. Robert Dwyer, II Management for Harvel One, LLC, Harvel Two, 1 LLC and Harvel Three, LLC, and City National Bank, Successor through merger to Community Bank, applicants and property owners, in accordance with Section(s) 31- 308 and 31-508 of the Unified Development Ordinance, to approve a Preliminary Subdivision Plat to create two (2) commercial parcels, on properties located at 1055 Centerbrooke Lane, Zoning Map 25N, Parcel 4B. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned O-I, Office-Institutional zoning district. The 2026 Comprehensive Plan designates these areas as apart the Central Suburban/ Urban Growth Area, Suburban development district. The first item of business was introduced by the Chairman followed by a staff report presented by Shanda Davenport, Principal Planner. Mrs. Davenport stated that in October of 2012, the Planning Commission approved PS02-12, which proposed the same subdivision as is under consideration. The preliminary subdivision PS02-12 expired prior to submission of a final plat. Consequently, the owners submitted this request for consideration. The site was initially approved, and partially developed, as a single office park consisting of 3 buildings in a condominium form of ownership. The plat will create two (2) parcels for commercial development which can be held under separate ownership. A revised site plan addressing the conditions of the previously approved preliminary plat has been submitted and is currently under review. The site is served by public sewer and portions of the utility infrastructure are completed. Public water is available to the site. Each of the proposed parcels must have individual water service lines and meters for both domestic and irrigation service. The on-site water system serving both parcels must be physically disconnected from each other. A site 2 plan has been submitted to the City for review and approval that identifies the proposed public utility easements and modifications required to the existing water system. A new entrance off of Centerbrooke Lane is proposed to service the existing development on proposed Parcel 4-B-1. Traffic Engineering advised that this new entrance will be allowed. The proposed preliminary plat is in compliance with the minimum design standards of the UDO and is consistent with the 2026 Comprehensive Plan. In that regard, staff recommended approval of this preliminary subdivision plat. Speaking in favor of this application was Tim Fallon of Hassell and Folkes, P.C. Commissioner Perry made a motion to approve this application, seconded by Commissioner Singleton and passed by a voice vote of 8 to 0. PUBLLIC HEARINGS: ORDINANCE TEXT AMENDMENT OA2–14, initiated by the Suffolk Planning Commission for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance by amending Section 31-406, Use Regulations, Section 31- 409, Incentive Zoning, Section 31-415, Chesapeake Bay Preservation Overlay District, Section 31-418, Wetlands Zoning, Section 31-508, Preliminary Plat, Section 31-611, Stormwater Runoff, and Appendix A, Definitions. The purpose for amending the aforementioned sections is to be in compliance with changes made to the Code of Virginia, as amended by the General Assembly and effective July 1, 2014. The next item of business was introduced by the Chairman followed by a staff report presented by Scott Mills, Director. Mr. Mills stated that the following sections will be amended as follows: 1) Section 31-406, Use Regulation, Table 406-1, Table of 3 Permitted Uses to add Licensed Limited Brewery as a permitted use in the A, Agricultural zoning district. In addition, Appendix A, Definitions is being amended to define a Licensed Limited Brewery. 2) Section 31-409, Incentive Zoning, subsection (b)(4) Receiving Districts Designated, that any development shall comply with any adopted neighborhood design standards identified in the comprehensive plan for the receiving area in which the development shall occur, provided such design standard was adopted in the comprehensive plan and applied to the receiving area prior to the transfer of development right. 3) Section 31-415, Chesapeake Bay Preservation Area Overlay District, amend subsection (c)(6)A2 to require that any documentation submitted in lieu of proof of septic tank pump-out shall be certified by a licensed or certified on-site sewage system operator or soil evaluator. 4) Section 31-418, Wetlands Zoning, subsection (e) Fees, deletes the reference to $200.00 and $300.00 and in their place states that all application fees shall be in accordance with and consistent with the City’s Schedule of Fees as adopted. 5) Section 31-508, Preliminary Plat, subsection (b) stipulates that a preliminary plat submittal is mandatory only for major subdivisions involving more than fifty (50) lots and is optional for major subdivisions involving 50 or fewer lots. 6) Section 31-611, Stormwater Runoff. Makes minor changes throughout in regard to specific Virginia Administrative Code references. This is being done so that every time there is an amendment to the 4 applicable regulations, the City’s ordinance does not have to be amended. Staff recommended approval of these ordinance text amendments. The public hearing was opened. There being no more speakers in favor or in opposition, the public hearing was closed. Commissioner Savage made a motion to approve this ordinance text amendment, seconded by Commissioner Rountree and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OA3-14, initiated by the Suffolk Planning Commission for an amendment to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, by amending Article 4, Zoning, Section 31-406, Use Regulation, Table 406-1, Principal Uses Permitted in Zoning Districts to add Animal Pounds/Animal Shelters as a conditional use in the RR, Rural Residential zoning district. The next item of business was introduced by the Chairman followed by a staff report presented by Scott Mills, Director. Mr. Mills stated that this ordinance text amendment is to add Animal Pounds/Animal Shelters as a conditional use in the RR, Rural Residential zoning district. Animal Pounds/Animal Shelters are currently permitted by-right in the A, Agricultural; B-2, General Commercial; M-1, Light Industrial and M-2, Heavy Industrial zoning districts. In addition, they are permitted with a Conditional Use Permit in the B-1, Neighborhood Commercial and VC, Village Center zoning districts. Based on the rural nature of the RR, Rural Residential zoning district, it would seem appropriate that the placement of an animal pound/animal shelter in the 5 RR, Rural Residential zoning district, would be appropriate as a conditional use and with the issuance of a Conditional Use Permit. Based on the aforementioned, staff recommended approval of the proposed text amendment. The conditional use permit process is a mechanism to review on a site by site basis the placement of an animal pound/animal shelter in the RR, Rural Residential zoning district. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this ordinance text amendment, seconded by Commissioner Goodman and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Mills gave the results of the May 21, 2014 City Council meeting. There being no further business, the meeting was adjourned. 6  MT: Perry MT: Savage MT: Singleton MT: PLANNING COMMISSION 2ND: Singleton 2ND: Rountree 2ND: Goodman 2ND: MEETING TO: Approve TO: Approve TO: TO: Approve June 17, 2014 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: PS4-14 OA2-14 OA3-14 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X Benton, Howard C. X X X X Goodman, William H. X X X X Edwards, Johnnie X X X X Perry, William S. X X X X Rountree, Ronnie X X X X Savage, Thomas X X X X Singleton, Arthur X X X X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK  General Location Map ¹ IND IA N T RL LA RT 58 KE CO HO O N RD 13 £ ¤ DR £ ¤58 WEST GATE A VE NEY SU SS RD EX D DE N LA LLA CT HO AVE NO RTHBROO KE RT 13 MAR ROYAL POND OAK CT CH D TUPELO WAY DR CO TT A VE KIL ON AL B R TU RLING TON CT Y WO NI S TA 1 SH OD LO GR RT O CO LEY RE S CT RI D OV DR S DR GE AM ER DR E A DR 3 R NT C RE ST CIR PL A T SA VE GRIGGS ST N P DEBORAH DR PH EA R SD CA K IN NIN IL GREE E TRL BR HOLLAND RD BA R W N IAN BLUE WI RET LAKEWOOD DR R SL WING LN DR NG T D AN LIP T RONALD DR O N C IR E DE ER R UN CT TU RL I N S P GTO BR E I G HT IA N N WI S S NT RD LA ER R N V IEW E N IN N U DR G RD SUM ME RF IELD C SPRINGFI ELD TER T M AN LAK E K IL BY RZ3-14 RT 13 EXHIBIT D EXHIBIT B-1 RZ3-14 RZ3-14 EXHIBIT D EXHIBIT B-1 RZ3-14 RZ3-14  EXHIBIT C RZ3-14 ZONING/LAND USE MAP 33A*H4A*1 RD RT BZA12-92 D AN 13 LL 5/12/1992 HO 33A*H4 RA RT MP B-2 13 58 RA £ ¤ MP RT 13 33A*H4B 33A*H4D BB**11 * * H H55 3333AA 33A*H5B 33A*H4C 33A*AW*A 33A*H5E RZ10-02 5/21/2003 Proposed Area to Rezoned from RLM to B-2 TURLINGTON CT 33A*AW*1 33A*H5A 33A*H5 33A*AW*2 33A*H5A*1 33A*AW*3 TU R LI CT NG 33A*H5A*2 TO N 33A*H6A D N R 33A*AW*4 33A*H6 GT O 33A*H7 RL IN 33A*AW*5 TU 33A*H5D 33A*H8 33A*H5C*3 33A*H9 STA LE Y D 33A*H5C*2 33A*H5C*1 ² 33A*AW*6 BZA6-04 2/10/2004 33*79K R BZA2-85 1 inch = 100 feet 1/8/1985 33*69A 33A*H10 Aerial Imagery Sources: VGIN/VITA VMBP 2013 Orthophotography and/or ESRI http://goto.arcgisonline.com/maps/World_Imagery Date: 6/9/2014 THIS PAGE WAS INTENTIONALLY LEFT BLANK  General Location Map LA K E ¹ M EA DE DR IND IA N T RL RT 58 LA KE CO HO O N RD 13 £ ¤ DR £ ¤58 WEST GATE A VE NEY SU SS RD EX D N LLA DE LA CT HO AVE NORTH BR OOKE SHERWOOD RT 13 MAR ROYAL DR PO N D OAK CT ST W DR CH D CO TUPELO WAY O E KIL TT D R OD AV B ON IAL R TU RLING TON CT Y WO ON S TA 1 SH OD WE COL G RO RT OR LEY ES CT RI D DR S DR AM ER VE GE DR DR 3 R N T CR EST AV C IR PL A T SA GRIGGS ST N E P DEBORAH DR PH EA FAULK RD DR S K IN IL GREE BR HOLLAND RD BA R W N OOD IAN BLUE WI RET SL WING LN DR NG LA KEW DR R T D AN LI PTO RON ALD DR N CIR E DE ER RU N CT TU R HT IG S G S P E R LIN BR U TO N N 13 IA WI NT N RD S LA £ ¤ ER N V IE E W G RD 13 £ ¤ DR SUM MERF IE LD C T NN IN G FI ELD RZ4-14 MA LA TER K E SP RIN K RT IL B Y 13 EXHIBIT B-1 RZ4-14 EXHIBIT D EXHIBIT B-2 RZ4-14 RZ4-14  EXHIBIT C RZ4-14 Zoning/Land Use Map 3A*H2*1*4B 58 £ ¤ RD 33A*H4 33A*H4A*1 A ND O LL H 33A*H3 B-2 33A*H2*1*3 AA **44 **11 33A*H4B HH22 33A*H2*1*2 AA** 3333 33A*H4D D 33A*H4C R B-1 D N A LL O H 33A*AW*A 33A*H5E 33A*AW*1 33A*AW*B*1 33A*AW*2 33A*AW*13 33A*H5A*1 33A*H5A*1 33A*H5A*2 33A*AW*3 33A*H5 33A*AW*12 STA LE 33A*H6A 33A*H6 33A*AW*11 Y DR 33A*AW*4 33A*H7 33A*AW*B 33A*AW*5 33A*H5D 33A*H8 33A*AW*10 RLM 33A*H5C*2 33A*H5C*1 33*86 33A*AW*9 33A*AW*8 33A*AW*6 33*79K 33A*H5C*3 ± 33A*H9 1 inch = 100 feet Aerial Imagery Sources: VGIN/VITA VMBP 2013 Orthophotography and/or ESRI http://goto.arcgisonline.com/maps/World_Imagery Date: 5/2/2014 THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF June 18, 2014 A. REZONING REQUEST RZ06-13, Bennett’s Creek Commons, submitted by James R. Returned to Bradford, Hassell and Folkes, P.C., agent, on behalf of Bennett’s Creek Office Park, LLC c/o Planning Scott Gandy, applicant and property owner and DDK Enterprises, LLC, Jeebs Treehouse, Commission to give the LLC, James and Mary Backus, First Class Property Solutions, and John & Lisa Iuliano, applicants an property owners, to request a change in zoning from O-I, Office-Institutional District, to B-1, opportunity to Neighborhood Commercial District. The affected properties are located at 3345 Bridge Road amend their and 3345 Bridge Road, Units 900, 904, 908, 912, 916, 920 & 924 and are further identified application to a as Zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E, 34C*9F and conditional 34C*9G, Sleepy Hole Voting Borough. The 2026 Comprehensive Plan designates this area zoning as a part Northern Suburban/ Urban Development Area (Inner-Ring Suburban). B. CONDITIONAL USE PERMIT REQUEST C20-13, Bennett’s Creek Commons, submitted by James R. Bradford, Hassell and Folkes, P.C., agent, on behalf of Bennett’s Creek Office Park, LLC c/o Scott Gandy, applicant and property owner and DDK Enterprises, LLC, Jeebs Treehouse, LLC, James and Mary Backus, First Class Property Solutions and John & Lisa Iuliano, property owners, to permit a 144 unit multi-family garden apartment complex in accordance with Section 31-306 and 31-406 of the Unified No action taken Development Ordinance. The affected properties are located at 3345 Bridge Road and 3345 Bridge Road, Units 900, 904, 908, 912, 916, 920 & 924 and are further identified as Zoning Map 12, Parcels 34C, 34C*9A, 34C*9B, 34C*9C, 34C*9D, 34C*9E, 34C*9F and 34C*9G, Sleepy Hole Voting Borough, zoned OI, Office-Institutional District. The 2026 Comprehensive Plan designates this area as a part Northern Suburban/Urban Development Area (Inner-Ring Suburban). C. REZONING REQUEST, RZ02-14, (Conditional), Ricky’s Custom Carts: submitted by R and K Properties, LLC, applicant and property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-1, Neighborhood Commercial zoning district, to B-2, General Commercial zoning district, for properties Approved located at 106 Grove Avenue, Zoning Map 33A, Parcel(s) M34 and 1574 Holland Road, w/conditions Zoning Map 33A, Parcel(s) BT*35 and BT*36. The affected areas are further identified as being located in the Holy Neck Voting Borough, zoned B-1, Neighborhood Commercial zoning district. The 2026 Comprehensive Plan designates this area as part of the Central Suburban / Urban Growth Area, Suburban development district. D. CONDITIONAL USE PERMIT REQUEST, C07-14, 3909 Nansemond Parkway: submitted by Jason R. Fawcett and Roger W. Fawcett of Fawcett’s Properties, LLC, agents, Approved on behalf of Mike Finks, Finks Auto Wreckers Service, applicant, on behalf of James R. w/conditions Rountree, property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified  Development Ordinance, to grant a Conditional Use Permit to establish an automobile storage lot including vehicle tow yard, on property located at 3909 Nansemond Parkway, Zoning Map 19, Parcel(s) 46*3. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2026 Comprehensive Plan designates this area as part of the Northern Suburban/ Urban Growth Area, Suburban development district. E. ORDINANCE TEXT AMENDMENT OA2–14, initiated by the Suffolk Planning Commission for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance by amending Section 31-406, Use Regulations, Section 31-409, Approved Incentive Zoning, Section 31-415, Chesapeake Bay Preservation Overlay District, Section 31-418, Wetlands Zoning, Section 31-508, Preliminary Plat, Section 31-611, Stormwater Runoff, and Appendix A, Definitions. The purpose for amending the aforementioned sections is to be in compliance with changes made to the Code of Virginia, as amended by the General Assembly and effective July 1, 2014.