Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JULY 21, 2015 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT ROBERT P. GOUMAS, AICP, INTERIM 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, JULY 17, 2015. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION JULY 21, 2015 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. Family Transfer Subdivision Plats: A. FAMILY TRANSFER SUBDIVISION PLAT FT01-14, submitted by Harold K. Nystrom, Jr., property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is located on Sandy Point Lane and is further identified as Zoning Map 16, Parcel 1A, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. B. FAMILY TRANSFER SUBDIVISION PLAT FT03-15, submitted by Sean P. and Heather R. McGee, property owners, requesting a family transfer subdivision pursuant to Section 31- 514 of the Unified Development Ordinance. The affected property is located on Cherry Grove Road and is further identified as Zoning Map 78, Parcel 11A, Whaleyville Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. C. FAMILY TRANSFER SUBDIVISION PLAT FT05-15, submitted by David Bosselman, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is located at 6813 Old Myrtle Road and further identified as Zoning Map 22, Parcel 14, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. 5. Public Hearings: A. CONDITIONAL USE PERMIT, C10-15, Toke Hookah, LLC, submitted by Eurnicka Artis, applicant(s), on behalf of 147 W. Washington Street, LLC, property owner(s), in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a nightclub (live entertainment), on property Page 1  located at 137 W. Washington Street, Zoning Map 34G18(2), Parcel(s) 13. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district and HC, Historic Conservation Overlay District. The 2035 Comprehensive Plan designates this area as a part of Central Growth Area, Mixed Use Core Use District. B. SUBDIVISION VARIANCE REQUEST, V01-15, 5501 Bennett’s Pasture Road, submitted by BLR Partnership, applicant(s) on behalf of James R. Rountree and John Dwight Bradshaw, property owner(s), in accordance with Section(s) 31-308 and 31-515 of the Unified Development Ordinance, to grant a variance to the Lot Layout Standards of Section 31-605 of the Unified Development Ordinance to permit the creation of a Through Lot(s) on the property located at 5501 Bennett’s Pasture Road, Zoning Map 11A, Parcel(s) A, B, C and F. The affected areas are identified as being located in the Sleepy Hole Voting Borough, zoned B-1, Neighborhood Commercial zoning district and SCOD, Special Corridor Overlay zoning district. The 2035 Comprehensive Plan designates this area as a part of Northern Growth Area, Suburban Use District. C. EXCEPTION REQUEST, EX03-15, 1513 Olde Mill Creek Drive, submitted by Louie Gehlhoff, applicant(s) on the behalf of Kenneth Girardon, property owner(s), in accordance with Section 31-406 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit the installation of an in ground pool to encroach into the 100-foot Resource Protection Area buffer, on property located at 1513 Olde Mill Creek Drive, Zoning Map 26H, Parcel(s)1*36. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RLM, Residential Low Medium zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. 6. Old Business 7. New Business A. Status Report – City Council Meeting, June 17, 2015 8. Adjournment Page 2  MT: Singleton MT: Savage MT: Perry MT: Rountree PLANNING COMMISSION 2ND: Savage 2ND: Perry 2ND: Goodman 2ND: Perry MEETING TO: Approve TO: Approve TO: Approve TO: Approve June 16, 2015 w/conditions w/conditions w/conditions, but delete w/conditions Condition #2 VOTE: 7-0 VOTE: 7-0 VOTE: 7-0 VOTE: 6-1 C6-15 C7-15 C8-15 EX1-15 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 Vacalis, James  MT: Singleton MT: MT: MT: PLANNING COMMISSION 2ND: Savage 2ND: 2ND: 2ND: MEETING TO: Approve TO: TO: TO: June 16, 2015 w/conditions VOTE: 6-0 VOTE: VOTE: VOTE: OA4-15 PRESENT ABSENT YES NO YES NO YES NO YES NO X X Benton, Howard C. X Not present for vote Goodman, William H. X X Edwards, Johnnie X X Perry, William S. X X Rountree, Ronnie Savage, Thomas X X X X Singleton, Arthur X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK EXHIBIT A FT01-14 THIS PAGE WAS INTENTIONALLY LEFT BLANK EXHIBIT A FT03-15 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT Description FAMILY TRANSFER SUBDIVISION PLAT FT05-15, Family transfer subdivision plat FT05-15, submitted by David Bosselman, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. APPLICANTS: David Bosselman, property owner, as Grantor, and Brian David Bosselman, son, as Grantee. LOCATION: The subject property is identified as Zoning Map 22, Parcel 14. PRESENT ZONING: The property is currently zoned “A”, Agricultural Zoning District. EXISTING LAND USE: 236 acre parcel that contains a single family home where David Bosselman resides. PROPOSED LAND USE: Family transfer subdivision of a 2 acre parcel for Brian David Bosselman. SURROUNDING LAND USES: North: Single family home (zoned A) East: Single family home (zoned A) West: Undeveloped land (zoned A) South: Undeveloped land (zoned A) COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Overlay District and is designated as a Resource Management Area (RMA). CASE HISTORY: The property described as Zoning Map 22, Parcel 14 (236 acres) was acquired by David Bosselman on October 1, 2007 by deed. Planning Commission FT05-15 July 21, 2015 Page 2 of 3 STAFF ANALYSIS ISSUE: The applicant owns the 236 acre parcel of land which he proposes to subdivide a 2 acre parcel pursuant to Section 31-514 of the Unified Development Ordinance (UDO). David Bosselman intends to convey the parcel to his son, Brian David Bosselman. CONSIDERATIONS AND CONCLUSIONS 1. Lot dimensions and building setback lines for this lot are consistent with the A, Agricultural zoning district as set forth in Table 407-1 of the Unified Development Ordinance (UDO). 2. Pursuant to the provisions of Section 31-514(a) of the UDO and Virginia Code Section 15.2-2244 (A), the property owner request a subdivision of property for the purpose of a gift to a member of the immediate family. Brian David Bosselman is the natural defined son of David Bosselman. The recipient has not previously received a parcel of land under the family transfer ordinance. 3. The plat is accompanied by a Deed of Gift conveying fee simple title in the proposed parcel of land with a restrictive covenant that prohibits the transfer of the property within ten (10) years of its receipt except in conformity with Sections 31- 514(b)(3)(A) and (B) of the UDO. The deed shall be executed and recorded simultaneously with the plat. 4. Pursuant to the provisions of Section 31-514(b)(3) of the UDO, by sworn affidavit and covenants provided in the Deed of Gift, the grantee has acknowledged that the subject lot created under this Section shall be titled only in the name of the immediate family member for whom the subdivision is made for a period of not less than 10 years except that the grantee may hold title with their spouse during such period. Brian David Bosselman also acknowledged that, as a person receiving land through a Family Transfer subdivision, he may not sell, transfer, subdivide, or otherwise convey such property for a period of ten (10) years after plat approval. 5. Pursuant to Sections 31-514(b)(5) and (6) of the UDO, Grantors and Grantees executed Family Transfer Subdivision Sworn Affidavits acknowledging that the transfer of property is not for the purpose of circumventing any section or sections of the UDO, but is instead intended to provide a separate place of residence for the grantee exclusive of the residence of the grantor, and is intended to keep the family estate within the immediate family. Planning Commission FT05-15 July 21, 2015 Page 3 of 3 6. The proposed family transfer parcel will front along Old Myrtle Road which is a publicly dedicated and maintained right-of-way.. 7. Pursuant to Section 31-514(b)(10) of the UDO, the applicant has provided well and septic tank Certification Letters of Approval from the City of Suffolk Health Department for the proposed family transfer parcels. 8. Pursuant to Section 31-514(b)(2) of the UDO, the property owner requesting the family transfer subdivision shall have held fee simple title to the subject property for a minimum of three (3) years prior to the filing of an application unless the owner(s) thereof has established his or her primary domicile on such lot or parcel to be divided. The three (3) year prior holding period shall not apply to property obtained by inheritance from an immediate family member as defined in Section 15.2-2244 of the Code of Virginia so long as the property inherited was held by a qualified immediate family member for at least three (3) years. David Bosselman acquired this property through deed of sale on October 1, 2007. This property has been held by David Bosselman through fee simple title for the required three years and also provides the current place of residence for David Bosselman. RECOMMENDATIONS Staff finds that the applicant’s request adequately meets the criteria for a family transfer subdivision, and the proposed parcel adequately meets all zoning requirements as set forth in the UDO. Therefore, staff recommends approval of the applicant’s Family Transfer Subdivision request as stated in the attached Resolution. Attachments • Maps  Family Transfer Affidavit • Deed of Gift • Health Department Letter • Resolution Exhibit A – Family Transfer Subdivision Plat  General Location Map s Isle of Wight OLD MILL RD RD L E Y RT M D OL TE D WH I R OLD MIL L RD S IM ONS DR IN D IA N T R L L TR FT05-15 N IA D IN  FT05-15 ZONING / LAND USE MAP RD 23*9 L E RT 23*8 MY D OL 22*2 22*4 40A WHI T 22*4C 23* E 22*3 22 *2 C 22*14A DR 2D 22* 22*4 22*13E 22*3*1 B 23*40 B 22*3*2 3 22*4A 22*1 22*3 22*3 * 22*13G 13A 3F *4 RD H* LE 5 *13 Y RT 22* OL D M 23*40 22*13B 22*13C 23*41*3 *1 22*13C 23*41* 22*1 2 23*41A 3B*2 22*1 23*46 Zoned 3D 23*41* 1 A 23*4 5A 23*45 23 *4 2 23*43 23 *4 3A 22*14 22*6 23*44 22*13 RD 22 *1 2 O L D M IL L 22*12 A 22* 11A 22*11A 11C 22* 11D s *1 22* 22*11 31*22A 23*44B I N D I A N TDS, Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus R LUSDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and 31*20K 3 1*21 3 1 * 2 2 Ethe3 1 * 2GIS Community 3 1 * 2 2 32 *1 A 1 inch = 800 feet 31 *2 31*22D 31*20Q 31*2 0N 0L 2B User Aerial Imagery Sources: VGIN/VITA VMBP 2013 Orthophotography and/or ESRI http://goto.arcgisonline.com/maps/World_Imagery Date: 7/14/2015  RESOLUTION NO. 15-07-3 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION APPROVING A FAMILY TRANSFER SUBDIVISION ON PROPERTY LOCATED ON OLD MYRTLE ROAD, TAX MAP 22, PARCEL 14; FT05-15 WHEREAS, David Bosselman, property owner, has submitted an application for a Family Transfer Subdivision for review pursuant to the provisions of Section 31-514 of the Unified Development Ordinance (UDO) of the City of Suffolk, which plat is attached hereto as Exhibit “A” and incorporated herein and hereafter referred to as the Plat; and WHEREAS, this specific request is to grant permission under Section 31-514 of the Unified Development Ordinance for a transfer of property to an immediate family member to hold title to the subject property for a period of not less than 10 years from the date of recording of the Plat; WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission: ___ a. Finds, ___ b. Does not find, (1) Granting this Family Transfer Subdivision will be for the purpose of providing separate places of residence to an immediate family member over the age of eighteen (18) years old for a period of ten (10) years; (2) This Family Transfer Subdivision is not created to circumvent the subdivision ordinance; (3) Lot dimensions and building setbacks for the lots created by this Family Transfer Subdivision will be consistent with the Agricultural Zoning District as set forth in Table 407-1 of the City of Suffolk UDO. (4) The proposed parcel has received Health Department approval for a well and septic system as noted on the plat. (5) The Sworn Family Transfer Subdivision Affidavits have been executed by the Grantors and the Grantees. The Deeds of Gift for this Family Transfer shall be executed and recorded simultaneously with the plat. READ AND ADOPTED: ___________________ TESTE: __________________________________ EXHIBIT A FT05-15 EXHIBIT A FT05-15 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  EXHIBIT CEXHIBIT C         
   


    V01-15 V01-15  EXHIBIT CEXHIBIT C 2 $3* (" ',+1. &, 2 +3, 1(" 2 +3(" ,("( 2
  
!  ! 3%3 /    % % 2! !   ! /  ! 33 - ! /!    # 3 #  0   #3 3  '  #   '  2  )3   V01-15 V01-15 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION EXCEPTION REQUEST: CBPA Exception Request EX03-15, submitted by Louie Gehlhoff, applicant(s) on the behalf of Kenneth Girardon, property owner(s), in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit the installation of an in ground pool to encroach into the 100-foot Resource Protection Area buffer. APPLICANT: Submitted by Louie Gehlhoff, applicant(s) on the behalf of Kenneth Girardon, property owner(s). LOCATION: The affected property is located at 1513 Olde Mill Creek Drive and is further identified as Zoning Map 26H, Parcel(s)1*36. PRESENT ZONING: RLM, Residential Low Medium Density District EXISTING LAND USE: Single Family detached dwelling within the Olde Mill Creek subdivision. PROPOSED LAND USE: Installation of an in ground swimming pool within the 100-foot Resource Protection Area buffer. SURROUNDING LAND USES: North – Residential, single-family detached dwelling (zoned RLM) South – Residential, single-family detached dwelling (zoned RLM) East – Residential, single-family detached dwelling (zoned RLM) West – Unnamed stream COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Inner-Ring Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Protection Area (RPA) and Resource Management Area (RMA). PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Planning Commission EX03-15 July 21, 2015 Page 2 of 5 STAFF ANALYSIS ISSUE The applicant is requesting an Exception from the Chesapeake Bay Preservation Area regulations to construct an in ground swimming pool. This proposed encroachment into the 100-foot RPA buffer will total 634 square feet. The pool is proposed to be 30-feet by 14-feet with a 3-foot concrete apron around the pool. The applicant is proposing to install various types of vegetation to compensate for the increase in impervious area in the RPA buffer. The Olde Mill Creek Phase 1 subdivision plat was approved in 1996 and during this time and based on the policy and regulations in place at the time, allowed the City to permit a reduction of 50-feet from the 100-foot RPA buffer for new development if appropriate best management practices were utilized. There were certain lots within this phase of the subdivision that were granted a reduction in the buffer. This lot was not granted a reduction in the buffer due to the fact that at the time of recordation of the plat this lot did not contain a 100-foot RPA buffer. However, a stream determination recently performed concluded that the stream located on the western edge of the property drained into a protected tidal stream to the south, which consequently, would require this stream to be protected with 100-foot RPA buffer. In that regard, the existing house is now almost completely encompassed by the 100-foot buffer. Also, given the location of the buffer there would be no other alternative to locate the pool outside of the RPA buffer. The applicant has submitted a landscape plan which shows the installation of various types of vegetation to include shrubs and trees. The vegetation proposed is consistent with the Riparian Buffers Modification and Mitigation Manual. CONSIDERATIONS AND CONCLUSIONS 1. This lot within the Olde Mill Creek Phase 1 subdivision was platted after the effective date of the Chesapeake Bay Preservation Act regulations in 1990, but prior to the subsequent revisions to the regulations in 2003. At the time of approval of this subdivision certain lots were granted a reduction in the 100-foot RPA buffer requirement for the purpose of constructing a primary structure. This reduction of 50-feet was allowed at the time in coordination with the installation of individual BMP’s on site within the subdivision. At the time of the subdivision approval this lot was not delineated with an RPA buffer. However, it has been determined that the stream located on the western edge of the property is connected with perennial flow to the tidal tributary located to the south of the property. As a result of this determination, the majority of the lot is now contained within the 100-foot RPA buffer including the existing house. 2. The Chesapeake Bay Preservation Overlay District, Section 31-415(d)(1)(A) specifies that tidal wetlands and non-tidal wetlands that are connected by surface flow and contiguous to water bodies with perennial flow are protected by a vegetated buffer area of not less than 100 feet in width located adjacent to and landward of wetlands. The property has a small stream located on the western edge of the lot which has perennial flow to Burnetts Mill Creek which is located to the south of the property. Planning Commission EX03-15 July 21, 2015 Page 3 of 5 3. In accordance with Section 31-415(d)(1)(D), Buffer Area Requirements, to minimize effects of human activities on the other components of the Resource Protection Area (RPA) buffer, State waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff be retained if present and established where it does not exist. Restoration and establishment of additional vegetation according to the CBLAD Riparian Buffer Manual is required in the RPA buffer for the additional impervious surface area. Where practical, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment and is equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel. To compensate for the additional impervious area created by the in ground pool the applicant has submitted a landscape plan showing the areas where landscaping will be installed. This is intended to help with the increase in runoff from the concrete walkway around the pool. The applicant has selected a combination of shrubs, trees, and groundcover as outlined in the “Riparian Buffers Modification and Mitigation Manual.” 4. The Chesapeake Bay Preservation Area Overly District requirements were amended in November 2003 to comply with a change in State law. In accordance with Section 31- 415(f)(5) of the Unified Development Ordinance, the Planning Commission shall review the request for an Exception since it is an accessory structure. 5. As per Section 31-415(f)(5) of the Chesapeake Bay Preservation Overlay District, a request for an Exception to the ‘Development Criteria for Resource Protection Areas’ and ‘Buffer Area Requirements’ shall be made in writing to the Planning Commission. It shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through a Water Quality Impact Assessment. The Planning Commission may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of the Overlay District if the following findings are made: a. Granting the Exception will not confer upon the applicant any special privileges that are denied by this Ordinance to other property owners in the Preservation Area District. Granting an Exception Request in this circumstance would not confer privileges to the applicant which have been denied to other property owners within the CBPA Overlay District in this area. There are other properties within the immediate vicinity that have received Exceptions from the CBPA Overlay District for the installation of similar accessory structures. Certain lots within this phase of the Olde Mill Creek subdivision were able to reduce the buffer requirement from 100-feet to 50-feet. At the time of subdivision approval this was an acceptable reduction within residential subdivisions. b. The Exception Request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or Planning Commission EX03-15 July 21, 2015 Page 4 of 5 circumstances either permitted or nonconforming that are related to adjacent parcels. This lot is within the Ole Mill Creek Phase 1 subdivision. This section was approved after the effective date of the Chesapeake Bay Preservation Act but prior to the revisions in the regulations which took place in 2003. At the time of approval certain lots within this phase were given reductions in the buffer with the installation of residential BMPs. This lot, however, was platted without the existence of an RPA buffer. A recent site visit by City staff determined that the stream on the western edge of the property has perennial flow to Burnetts Mill Creek and therefore is a protected stream under the Chesapeake Bay Preservation Area Overlay District. When the house was constructed on this lot there was no RPA buffer delineated on the property. Given the location of the buffer now the existing house is contained almost entirely within the 100-foot RPA buffer. The proposed pool would be contained in the 100-foot buffer but would not encroach into the 50-foot channelward portion of the buffer. The property owner did not intentionally place the proposed pool in the buffer and therefore the request is not considered self-imposed or self-created. c. The Exception Request is the minimum necessary to afford relief. The existing house is located almost entirely within the 100-foot RPA buffer. The buffer location was recently determined by City staff. Any proposed location for the pool would result in an encroachment to this buffer. The proposed location of the pool as shown now is outside of the 50-foot channelward portion of the buffer. The applicant is also showing a concrete apron around the pool which is only three feet wide. The existing area where the pool will be placed will not require the removal of any existing woody vegetation. The applicant has submitted a landscape plan to help with the filtering of the runoff from the pool. The size of the proposed pool is a standard pool size with a minimal concrete decking around and given the location of the buffer on the property is the minimum necessary to afford relief on this lot. d. The Exception Request will be consistent with the purpose and the intent of the Preservation Area District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality. The existing buffer area on this lot is comprised of mostly grass with a few tres and shrubs that have been planted by the property owner over time. The applicants request will not involve any removal of woody vegetation within the buffer. This request will require the establishment of additional vegetation within the buffer to help address with the runoff from the pool. This request will not be injurious to the neighborhood and with the addition of vegetation should not be a detriment to water quality. e. Reasonable and appropriate conditions are imposed which will prevent the Planning Commission EX03-15 July 21, 2015 Page 5 of 5 Exception Request from causing a degradation of water quality. If the Planning Commission approves the applicant’s request for this Exception, staff will work with the applicant to ensure that landscaping is installed to mitigate the impact of the additional impervious surface within the RPA buffer. The applicant has submitted a landscape plan that shows the location of proposed landscaping along with the number of plants and the species that are consistent with the “Riparian Buffers Modification and Mitigation Manual.” RECOMMENDATION Staff finds that the applicant’s request does satisfy the criteria outlined in Section 31- 415(f)(5)(C) of the UDO to grant an Exception to the requirements of the Chesapeake Bay Preservation Area Overlay District. The applicant has provided a mitigation planting plan consistent with buffer landscaping requirements. In that regard, staff recommends approval of this Exception Request with the recommended conditions of approval outlined below and in the approving resolution. 1. The only encroachment into the 100-foot Resource Protection Area buffer shall be for the construction of an in ground pool totaling 634 square feet in size and located to the rear of the house as shown on Exhibit C. 2. All landscape plantings shall be installed as shown on the Landscape Plan and survey which is attached as Exhibit C. Attachments  Exhibit A – Planning Commission recommendation  Exhibit B – Zoning/Land Use Map  Exhibit C – Survey/Landscape Plan Copy to: Kenneth F. Girardin  General Location Map s N A N S E M O N D R IV E R PRO G RE SS R C E D A R LA KE D RD Y RO IL W £ ¤ 58 ¬ « 13 RD ¬ « 13 RT 5 8 RT 58 Y £ ¤ 58 R MI T 5 AY IL OD W 8 RO LL W O LA W KE K DR L R M IL O AD OL E R E £ ¤ 58 DE C M IL L IV ER ¬ « 13 CR ES K R EE CR IVE DR EG AP RAV IN Y KW D P D YR ON EM WI L RO E NANS DR IV GA P NE R AVI G ATE DRIV E ED R GN O L I A A LAK M ES D R IV EX03-15 TO N W O B ST E (P OD VT) REE T S T ONECREEK O ROA D T D R I VE C (P V A D R IA T) NNE COU (P V R T) T  Exhibit A RESOLUTION NO. 15-07-6 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION FOR A CHESAPEAKE BAY PRESERVATION AREA EXCEPTION REQUEST FOR PROPERTY LOCATED AT 5024 RIVERFRONT DRIVE EX03-15 WHEREAS, Louie Gehlhoff, applicant(s) on the behalf of Kenneth Girardon, property owner(s), have submitted an Exception Request for review pursuant to the provisions of the City of Suffolk’s Chesapeake Bay Preservation Area Overlay District Ordinance, which plans are attached hereto as Exhibit “C” and incorporated herein and hereafter referred to as the plans; and WHEREAS, the specific request is that an Exception be granted under Section 31- 415(f)(5) of the Unified Development Ordinance to permit a 634 square foot encroachment into the 100-foot Resource Protection Area buffer for the installation of a in ground pool; WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission _ __a. finds ____b. does not find (1) Granting the Exception will not confer upon the applicant any special privileges that are denied by this Ordinance to other property owners in the Preservation Area District; (2) The Exception request is not based upon conditions or circumstances that are self- created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels; (3) The Exception request is the minimum necessary to afford relief; (4) The Exception request will be consistent with the purpose and the intent of the Preservation Area District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and (5) Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. READ AND ADOPTED: _____________________ TESTE: ______________________________________  CHESAPEAKE BAY PRESERVATION ACT EXCEPTION REQUEST EX03 -15 CONDITIONS 1. The only encroachment into the 100-foot Resource Protection Area buffer shall be for the construction of an in ground pool totaling 634 square feet in size and located to the rear of the house as shown on Exhibit C. 2. All landscape plantings shall be installed as shown on the Landscape Plan and survey which is attached as Exhibit C.  EXHIBIT B EX03-15 ZONING / LAND USE MAP Zoned £ ¤ 58 2 6 H *2 *8 8 26 H *2 *8 9 2 6 H *2 *8 6 2 6 H *2 *8 7 2 6 H *2 *8 4 2 6 H *2 *8 5 B-2 2 6 H *2 *8 2 2 6 H *2 *8 3 2 6 H *2 *8 1 26H* 26H* 26H AY OO D W 2*79 2*80 M IL L W 26 H *1 *2 3 *2* 26H *2*53 26 18H 78 26H *2*65 H* 26 H*2 *66 1* 2 6 H *2 *7 4 26H *1*24 26* 26 26 H *2 *7 5 45 H* 26H* 26H *2*54 0 793 1* 26H *2*64 46 26 CT 333 2*76 26 26 H*1 *25 H* H* 26H* 77 2*67 26H *2*55 2* 2* UN OIN T CT 043 26H *1*47 26H *1*44 73 26H *2*63 26H *2*72 R I L 26H *2*68 26H *2*56 L M 26H*1*26 26H *1*48 AY 26H *2*62 26H *1*43 26 26H *1*27 D W L P 26H* 26H *2*61 H* 1*49 26H *2*71 26H *2*57 2* IL OO 26H *1*42 69 M 26H *1*28 26 26H *2*70 H* M IL L W 26 H *1 *5 0 26H *1*41 1*38 26H *2*60 1* 29 58 2 6 H *1 *3 9 2* 26H* H* 26 26H *1*37 26H *2*59 26 H* D 26 26H*1*51 H* K 26H *1*40 R 1* E 36 1* E 30 O LD E R 26H*1*16 1* MI 31 C LL H* LL 26 35 26 H* CR I 1* 26 2 6 H *1 *3 3 B H* EE *1* 1*34 M 26H* 26H *1*6 K 1* E 26H *1*15 DR LD 26H 32 1*5 26H* O 26 Zoned H* 1* 14 RLM 26H *1*4 26 26H *1*13 H* E X 7 -0 1 4 *1 26H *1*7 26H *1*9 26H *1*10 7 /1 6 /2 0 0 1 80 26H* 8 26H *1*3 1* H* 26 1*12 26 H* 4* 17 26H *1*11 8 26H *4*177 26*67 26H *4*176 26*66 s B U R N E T T S M IL L C R E E K 27*51 1 inch = 200 feet Aerial Imagery Sources: VGIN/VITA VMBP 2013 Orthophotography and/or ESRI http://goto.arcgisonline.com/maps/World_Imagery Date: 6/3/2015  EXHIBIT C 50' RPA Buffer 100' RPA Buffer EX03-15 EXHIBIT C EX03-15 THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF June 17, 2015 A. ORDINANCE TEXT AMENDMENT OA4-15, 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, Table 406-1, Principal Uses Permitted in Zoning Districts to address Day Care (family day home) and to address licensed limited distilleries, Section 31-707, Home Occupations to address Day Care Approved (family day home), Appendix A, Definitions to address animal shelter private, licensed limited distillers and variance and Appendix B, Submission Requirements, B-6, Zoning Variance or Appeals Applications. 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, 2015.