Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR MAY 19, 2015 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 CITY HALL 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, MAY 15, 2015. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION MAY 19, 2015 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Family Transfer Plats: A. FAMILY TRANSFER SUBDIVISION PLAT FT2-15, submitted by Enoch C. Copeland, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is located on Southwestern Boulevard and is further identified as Zoning Map 50*54, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. 4. Old Business 5. New Business A. Status Report – City Council Meeting, April 15, 2015 6. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION April 21, 2015 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, April 21, 2015 at 2:00 p.m., in the Council Chambers of the Municipal Building, 442 W. Washington 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 James R. Rountree David Parks, Principal Planner William S. Perry Jacob Dorman, Principal Planner James G. Vacalis Thomas Jordan, Planner II Thomas Savage Catina Myrick, Executive Secretary William Goodman The meeting was called to order by Chairman Benton and Commissioner Vacalis 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. FAMILY TRANSFER SUBDIVISION PLAT: FAMILY TRANSFER SUBDIVISION PLAT FT1-15, submitted by Barbara Winslow, property owner, requesting a family transfer subdivision pursuant to Section 1 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 12*24H, Cypress Voting Borough, zoned RR, Rural Residential Zoning District. The first item of business was introduced by the Chairman followed by a staff report presented by David Parks, Principal Planner. Mr. Parks stated that the applicant proposed to subdivide a 4 acre parcel which is to be conveyed to her daughter, Melissa Potts. A plat and deed of gift have been provided with a restrictive covenant that prohibits the transfer of the property within ten (10) years of its receipt by the Grantee. A letter from the Health Department approving the well and septic system has been provided. The Grantor and Grantee have acknowledged by the sworn affidavit that: 1) The purpose of this subdivision is to gift this parcel from Barbara Winslow to her natural defined daughter, Melissa Potts, who is over the age of 18 and has not previously received a parcel of land under the family transfer ordinance. 2) The recipient has acknowledged that title to the property must be held for 10 years from the date of receipt, other than to jointly hold title with her spouse, and that the family transfer parcel may not be sold, subdivided or otherwise conveyed during that 10 year holding period. 3) This parcel was created to provide a place of residence for the Grantee separate from the Grantor in order to keep the property in the immediate family. Based on the findings-of-fact, staff found that the applicant’s request meets the criteria for a family transfer subdivision and recommended approval of this application. 2 Commissioner Vacalis made a motion to approve this application, seconded by Commissioner Perry and passed by a voice vote of 8 to 0. PUBLLIC HEARINGS: REZONING REQUEST, RZ09-14, (CONDITIONAL), Obici Place, submitted by W. Dave France of Kimley-Horn and Associates, Incorporated, agent, on behalf of Kevin Hughes, Director of Economic Development, applicant, on behalf of the Suffolk Economic Development Authority, property owner(s), to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial district, to MUD, Mixed Use Development zoning district for a development to consist of multi-family apartments, commercial and retail uses, for property located at 1900 N. Main Street, Zoning Map 25, Parcel(s) 45. The affected area is further identified as being located in the Suffolk Voting Borough, zoned B-2, General Commercial zoning district. The 2026 Comprehensive Plan designates these areas as a part of the Central Suburban/ Urban Growth Area, Core Support development district. The next item of business was introduced by the Chairman followed by a staff report presented by Jacob Dorman, Principal Planner. Mr. Dorman stated that this application is for a change in zoning from B-2, General Commercial to MUD, Mixed Use Development zoning district. The proposed MUD would feature approximately 224 multi-family residential units, 30,000 square feet of office and commercial space and 52,500 square feet of retail space. The commercial development will be situated along the frontage of N. Main Street and the residential development is intended for the rear of the property. The development will also include an internal public street having two connections to N. Main Street. The applicant indicated that the proposed MUD zoning for this parcel would allow for an important redevelopment opportunity along an 3 essential city corridor and create a more pedestrian friendly neighborhood environment. In the Comprehensive Plan, the purpose of the Core Support Use District is to provide residential and retail or business uses in support of the neighborhoods. The Design Guidelines with this request intend this project to be designed as a Traditional Neighborhood Center, which is a supported place type within the Core Support Use District. Water is available to the site and adequate to handle the domestic and fire supply needs for this project. Sanitary sewer is currently available. Pump Station #12 will be improved and relocated onsite as part of a capital project commensurate with the redevelopment of the site. The traffic impact study showed that the proposed creation of a MUD will result in an increase in traffic of 4,477 trips per day along the corridor. However, the study showed that when the trip generation rate of the proposed MUD is compared to the trip generation rate of 7,830 trips per day for a by-right development of the site based on the current B-2, General Commercial zoning, the proposed MUD will result in approximately 3,300 fewer trips per day. Eric Nielsen, Director of Public Works, gave a presentation on the N. Main Street Corridor Study, which was prepared by MPO. Mr. Dorman advised that the proposed request will result in an increase in student generation to the public school system. It will generate approximately 38 students overall according to the Adequate Public Facility report. The proposed redevelopment 4 of the property will include the addition of public open space and create a vital new connection to existing public infrastructure. The fiscal impact study showed the development will produce a total of 270 jobs upon completion and $153,470 in real estate. Development of the site would be in phased with the residential and road construction work beginning in summer of 2015 if the request is approved. This rezoning request is consistent with the Comprehensive Plan and the UDO; therefore, staff recommended approval of this application with the proffers noted in the staff report. The public hearing was opened and speaking in favor of this application was Kevin Hughes, Director of Economic Development. Mr. Hughes advised that this project will add high-end rental housing to an area that desperately needs it. It will keep more shopping power in Suffolk. Obici Place will create a dynamic location that will merge residential, commercial and open space that does not exist on N. Main Street. Also, speaking in favor of this application was John Wright, Apartment Developer for Obici Place. He advised that there is a significant market demand for the apartments they proposed. Also, speaking in favor of this application was Dave France, Kimley-Horn and Associates – this project will give positive net cash flow to the City from tax revenue generated. 5 Speaking in opposition was Geoff Payne, 120 Northgate Lane, Suffolk, VA – he discussed how this project will negatively impact traffic safety on N. Main Street. He asked for the Commission to deny this application. Also, speaking in opposition was Byron Carmene, 3616 Labrador Lane, Suffolk, VA. He talked about the trees on the site. He believes the removal of the trees will be a lost to the City. Also, speaking in opposition was Stella Payne, 120 Northgate Lane, Suffolk, VA. She was interested in knowing how the location of the Lake Meade Park will serve this development. She inquired about the traffic impact analysis whether the pedestrians who cross N. Main Street at the crosswalk to walk to the park which will cause a delay in traffic had been accounted for in the “traffic flow analysis”. She also inquired about the detail in the design of the crosswalk on N. Main Street. Also, speaking in opposition was Jean Carmene, 3616 Labrador Lane, Suffolk, VA. She stated that the Obici site is a historic landmark. We need to protect our cherished heritage. Commissioner Singleton made a motion to extend the opponents time to 10 minutes and the rebuttal time to 15 minutes, seconded Commissioner Perry and passed by a voice vote of 8 to 0. Speaking in opposition was Douglas Naismith, 4949 Exeter Drive, Suffolk, VA – he 6 would like to see an expansive green space with walking paths and gardens – an attractive place for community gatherings, festivals and concerts. He asked for the Commission to deny this request. Bradford Andrews, 313 Oakwood Avenue, Suffolk, VA – he talked about the lack of use of waterfront. Terri Brown, 213 Highland Avenue, Suffolk, VA – she expressed that a park will be very beneficial to this area – would like to have a venue for large scale events. Speaking in rebuttal was Kevin Hughes. He advised that they met with the adjacent property owners to discuss this project. There is a need for this type of housing. He also advised that the City of Suffolk boast over 1,200 acres of active park space throughout the City of Suffolk. He asked for the Commission’s approval of this request. There being no more speakers, the public hearing was closed. Commissioner Edwards inquired about the level of service in this area. Jason Souders, Assistant Director of Public Works -Engineering – he advised that in the traffic impact analysis they were able to demonstrate that acceptable LOS “D” or better will be able to be maintained at all signalized intersections in the study area. He advised that with the improvements proposed as part of this development, acceptable LOS will be able to be maintained. After discussion of the Commission, Commissioner Rountree stated that this property 7 has many fond memories and it would be a beautiful site for a park; however, there is a 300+ acre park called Sleepy Hole Park that’s on the Nansemond River that is not being utilized - it is a place where you can have weddings, concerts, etc.; therefore, he made a motion to approve this application with the proffers, seconded by Commissioner Singleton. Commissioner Perry stated that this property is very viable and made a motion to table this application for ninety (90) days in order to receive more information, seconded by Commissioner Savage and failed by a recorded vote of 4 to 4. The motion to approve this application with the proffers was passed by a recorded vote of 5 to 3. REZONING REQUEST, RZ01-15 (CONDITIONAL), 220 North Main Street, submitted by Justin W. Sorensen, applicant, on behalf of Nadine Gillen, property owner(s), to rezone and amend the official zoning map of the City of Suffolk in order to amend the approved proffered conditions, pertaining to the restriction of the use of the property solely for a single family dwelling, for property located at 220 North Main Street, Zoning Map 34G18(A), Parcel(s) 95A. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD (Conditional), Central Business District (Conditional). The 2026 Comprehensive Plan designates this area as a part of the Central Suburban/ Urban Growth Area, Mixed Use Core development district. The next item of business was introduced by the Chairman followed by a staff report presented by Thomas Jordan, Planner II. Mr. Jordan stated that the applicant requested a change in zoning from CBD, Central Business District (Conditional) to CBD, Central 8 Business District, by deleting a proffered condition restricting the use of the property solely to a single family residential dwelling. The subject property is located within the Central Growth Area and falls within the Mixed Use Core District. The district is primarily composed of high intensity business, retail, residential, and civic uses. The amendment to the proffered conditions will be compatible with provisions of the Comprehensive Plan. Offices and single-family homes are both permitted uses in the CBD, Central Business District. The proposed deletion of the rezoning condition will not result in a reduction in the level of service standards for any public facility and is in conformance with the recommendations of the Comprehensive Plan; therefore, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Justin Sorensen, 3327 Mintonville Point Dr., Suffolk, VA. He asked for the Commission’s approval of this request. Also, speaking in favor of this application was Tom Woodard, 227 N. Main Street. There being no speakers in opposition, the public hearing was closed. Commissioner Rountree made a motion to approve this application, seconded by Commissioner Goodman and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT, C03-15, Children’s Corner, Incorporated, submitted by Henry and Antionette Dixon, applicants and property owners, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, 9 to grant a Conditional Use Permit to establish a daycare, family day home, six to twelve children, on property located at 4724 Camellia Drive, Zoning Map 13C, Parcel(s) 313. The affected areas are further identified as being located in the Nansemond Voting Borough, zoned RLM, Residential Low Medium zoning district. The 2026 Comprehensive Plan designates these areas as a part of the Northern Suburban/ Urban Growth Area, Mixed Use Core development district. The next item of business was introduced by the Chairman followed by a staff report presented by Jacob Dorman, Principal Planner. Mr. Dorman stated that the applicant requested a conditional use permit to expand the current family home day care to accommodate up to 12 children. The ages will range from six weeks up to twelve years old. There are presently nine (9) children enrolled. The proposed hours of operation will be from 6:00 AM until 12:00 midnight, Monday through Friday. The applicant wishes to stay open longer than typical home day cares in order to accommodate several military families. Mr. and Mrs. Dixon are currently the only caretakers and, based on the ages of the children in the day care, are not required to add additional staff as part of this request. This is a one-story residence and the day care will utilize approximately 700 square feet of the home’s overall 1,300 square feet. The home contains existing off-street parking in the form of a paved driveway approximately 40’ x 12’ with room for two (2) vehicles. This parking area is currently used for the drop off and pick up area for the day care. There also is available on-street parking in front of the residence. The house is currently served by public water and 10 sewer. Food preparation will be conducted on site by the applicant for the children enrolled. The Health Department does not regulate a day care with twelve (12) or fewer children as a food establishment. The applicant will be required to provide a minimum of two (2) parking spaces and a maximum of three (3) parking spaces. The total amount of parking required would be a minimum of four (4) parking spaces. The remaining two (2) required off-street parking spaces are currently unaccounted for, but the applicant has stated they will be willing to construct a parking surface to accommodate the additional vehicles. The location of the home near the intersection of Camellia and Bradford Drives allows for the convenient use of ample, existing on- street parking. That, in combination with the condition to require construction of additional off-street parking and staggered arrival and departure times of the children, provides for the adequate availability of parking to serve the proposed use. The residence does contain a fenced rear yard that is currently used as the outdoor play area for the day care. The size of this outdoor play area will be suitable for the proposed 12 children. It was staff’s opinion that the site in question is appropriate for the proposed use and given the size of the existing lot, the hours of operation, and the proposed enrollment of the day care, the use will not adversely impact the surrounding neighborhood. Therefore, staff recommended approval of this application with the conditions noted in the staff report. 11 The public hearing was opened and speaking in favor of this application was Mr. and Mrs. Dixon, applicants. There being no speakers in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this application with the conditions and add a condition that the rear yard fence be reinforced and maintained, seconded by Commissioner Edwards. Commissioner Perry inquired about the hours of operation from 6:00 a.m. to midnight. Mr. Dixon advised that there have been times when parents have to stay over at work. Commissioner Vacalis inquired as to if they will be operating 5 or 7 days of week. Mr. Dixon advised that they will be working only Monday through Friday. Commissioner Vacalis stated that he would like to amend Condition #3 to state Monday through Friday. Commissioner Singleton and Edwards approved the amended condition and the application was passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OA3-15. As a result of proposed modified flood elevation determinations affecting the Flood Insurance Rate Map (FIRM’s) and Flood Insurance Study for the City of Suffolk as a result of a Coastal Flood Hazard Study conducted by the Federal Emergency Management Agency (FEMA) and its partners, and so as to be in compliance with the Letter of Final Determination issued by the Department of Homeland Security’s Federal Emergency Management Agency (FEMA) dated February 3, 2015, the City of Suffolk has initiated additions, deletions and amendments to Article 4, Zoning, Section 31-416.1, Floodplain Overlay District and amendments to the corresponding Official Zoning Map pursuant to Article 4, 12 Zoning, Section 31-404, of the Unified Development Ordinance. Such ordinance and zoning map modifications include modified flood elevation determinations, addition of and/or modifications to Base Flood Elevations, base flood depths, Special Flood Hazard Areas (SFHA’s), zone designations, and regulatory floodways. SFHA’s are the areas subject to inundation by the flood having a 1-percent chance of being equaled or exceeded in any given year (base flood). The next item of business was introduced by the Chairman followed by a staff report presented by Scott Mills, Director of Planning and Community Development. Mr. Mills stated that FEMA completed a Coastal Flood Hazard Study for the City of Suffolk. As a result of the study, revised Flood Insurance Rate Maps (FIRM’s) have been provided to the City by FEMA with an effective date of August 3, 2015. FEMA advised the City that the revised FIRM maps are final, and as such the City has until August 3, 2015 to revise our existing Floodplain Overlay District Ordinance and adopt the revised ordinance and Flood Insurance Rate Map’s. In that regard, the City has worked with FEMA’s regional representatives and the Virginia Department of Conservation and Recreation (DCR) on the development of the revised ordinance. The revised ordinance must be adopted by City Council within 6 months of the date of the referenced Letter of Final Determination (February 3, 2015) to avoid being suspended from participation in the National Flood Insurance Program (NFIP). There were approximately 5089 affected parcels. Staff notified affected property owners in April 2014 that their property may be impacted. In addition, affected property owners were 13 advised of a public Coastal Flood Risk Open House on the revised FIRM’s that was held on May 14, 2014 at King’s Fork Middle School. FEMA published a notification of the proposed flood hazard determinations for the City of Suffolk in the Suffolk News-Herald and following those publications by FEMA, a statutory 90-day appeal period began. During the appeal period, FEMA did not receive any appeals of the flood hazard determinations. Therefore, the City received a Letter of Final Determination from FEMA on February 3, 2015, which advised the City that we had six (6) months to adopt a revised Floodplain Ordinance and the revised FIRM maps. Changes to the existing ordinance and maps included the following: 1) The entire existing ordinance is to be repealed and replaced with the proposed revised ordinance. 2) Definitions pertinent to the floodplain district have been amended as appropriate. 3) Additions and/or modifications to Base Flood Elevations, Base Flood Depths, Special Flood Hazard Areas (SFHA’s), zone designations and regulatory floodways have been included. 4) Duties and Responsibilities of the Floodplain Administrator were added for clarification. 5) Limits of Moderate Wave Action (LIMWA) were added as appropriate. The proposed ordinance amendments and amendments to the official zoning map are for the expressed public purpose of implementing the zoning overlay of FEMA’s Flood Insurance Rate Map (FIRM) revised to become effective no later than August 3, 2015 as required in the Letter of Final Determination issued by FEMA. 14 In that regard, staff recommended that the proposed ordinance text amendment and amendment to the official zoning map be forwarded to City Council with a recommendation of approval. The public hearing was opened and speaking in favor of this application was Deborah Amatulli, 2820 Windjammer Road, Suffolk, VA. She stated that she did not receive any letters in 2014. She inquired as to how her property will be impacted by the new maps. Speaking in opposition was Scott Stamm, Land Planning Solutions, 5857 Harbourview Blvd, Suffolk, VA. He wanted clarification on how this will affect his property and the insurance rates. Also, speaking in opposition was Brenda Belew, 3466 Raintree Circle, Suffolk, VA. She would like for this application to be tabled for thirty (30) days in order for her to determine the impact to her property. Also, speaking in opposition was Lou Heffington, 4950 Nansemond Parkway, Suffolk, VA. She wanted to know if she had to get flood insurance because of a 30-feet ravine. Also, speaking in opposition was Herbert Bondurant, 143 Sleepy Point Way, Suffolk, VA – wanted clarification on how his property will be affected. Also, speaking in opposition was Steven Brown, 311 Dorset Way, Suffolk, VA. There being no more speakers, the public hearing was closed. Mr. Mills advised the citizens they could call Patsy Southard, City’s Zoning 15 Administrator, and she will be able to let each individual know how your property is impacted. After discussion of the Commission, Commissioner Rountree made a motion to approve this ordinance text amendment, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, C18-14, Suffolk Humane Society Kings Fork Road, submitted by Suffolk Humane Society, applicant, on behalf of Mike Duman Real Estate, LLC, 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 animal pound/ animal shelter, on property located at 412 Kings Fork Road, Zoning Map 25, Parcel(s) 18D*1. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RR, Rural Residential zoning district. The 2026 Comprehensive Plan designates this area as a part of the Central Suburban/ Urban Growth Area, Suburban development district. The next item of business was introduced by the Chairman. Mr. Mills advised that the Commission tabled this application at their meeting of March 3rd to allow the applicants additional opportunities to meet with the adjacent property owners. A letter dated March 27th was sent to the adjacent property owners. Staff recommended approval of this application with the conditions noted in the staff report. Commissioner Perry made a motion to allow each speaker 3 minutes for additional comments, seconded Commissioner Savage and passed by a voice vote of 8 to 0. Martin Bond, 414 King’s Fork Road, Suffolk, VA – stated that there is too much vacant land in the City of Suffolk to put the Humane Society between two houses that 16 people occupy. Dennis Confer, Suffolk Humane Society, advised that they did meet with the adjacent property owners. They reassured them that they will not keep dogs at this facility. They offered to reduce the size of the sign or to put it on the building itself to ameliorate a concern about the sign. Commissioner Vacalis made a motion to approve this application with the conditions, seconded by Commissioner Goodman and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Mills gave the results of the March 18th and April 1st City Council meetings. There being no further business, the meeting was adjourned. 17  MT: Vacalis MT: Perry MT: Rountree MT: Rountree PLANNING COMMISSION 2ND: Perry 2ND: Savage 2ND: Singleton 2ND: Goodman MEETING TO: Approve TO: Approve TO: Approve TO: Table for 90 April 21, 2015 w/proffers days to get more information VOTE: 8-0 VOTE: 4-4 VOTE: 5-3 VOTE: 8-0 FT1-15 RZ9-14 RZ9-14 RZ1-15 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Goodman, William H. X X X X X Edwards, Johnnie X X X X X Perry, William S. X X X X X Rountree, Ronnie Savage, Thomas X X X X X X X X X X Singleton, Arthur X X X X X Vacalis, James  MT: Singleton MT: Rountree MT: Vacalis MT: PLANNING COMMISSION 2ND: Edwards 2ND: Singleton 2ND: Goodman 2ND: MEETING TO: Approve TO: Approve TO: TO: Approve April 21, 2015 w/amended w/conditions conditions VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: C3-15 OA3-15 C18-14 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