Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR FEBRUARY 16, 2016 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, FEBRUARY 12, 2016. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION FEBRUARY 16, 2016 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearing: A. REZONING REQUEST, RZ05-15, (CONDITIONAL), Hilltop Terrace Apartments, submitted by Whitney Saunders, Saunders and Ojeda, P.C., agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant(s) and property owner(s), to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district, for property located at the 5616 Shoulder’s Hill Road, Zoning Map 12, Parcel(s) 56. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned RR, Rural Residential zoning district. The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Inner- Ring Suburban Use District. 4. Old Business 5. New Business A. Status Report – City Council Meeting, January 20, 2016 6. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION January 19, 2016 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, January 19, 2016 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 Robert Goumas, Interim Director of Planning Johnnie Edwards Nicole Ward, Current Planning Manager James R. Rountree Amanda Beck, Planner II Anita Hicks Claire Jones, Comprehensive Planning Mgr. John Rector Catina Myrick, Executive Secretary Mills Staylor James G. Vacalis The meeting was called to order by Chairman Benton and Commissioner Rountree opened with a prayer. The roll was called by Mr. Goumas and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. 1 PUBLIC HEARINGS: REZONING REQUEST, RZ07-15, Northern Elementary School, submitted by the City of Suffolk, applicant(s) and contract purchaser on behalf of Suffolk Public Schools to rezone and amend the official zoning map of the City of Suffolk to change the zoning from M-1, Light Industrial zoning district to RLM, Residential Low Medium Density zoning district, for property located on Nansemond Parkway, Zoning Map 20, Parcel(s) 6. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-1, Light Industrial zoning district. The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Suburban Use District. The first item of business was introduced by the Chairman followed by a staff report presented by Nicole Ward, Current Planning Manager. Ms. Ward stated that this is a request to rezone a portion of land located on Nansemond Parkway adjacent to the existing Florence Bowser Elementary School to Residential Low-Medium Density zoning. The City of Suffolk in cooperation with the Suffolk Public School proposes the construction of a new 1,000 student public elementary school. The school is proposed to replace the existing Florence Bowser and Driver Elementary Schools. The proposed use is located within the Northern Growth Area, Suburban Use District. As it relates to the Comprehensive Plan, staff believes that the continued use of a public elementary school in this location will be an enhancement to the citizens in this portion of the City. This property is well-suited to the proposed use as it has road frontage on Nansemond Parkway and will not hinder the orderly development and improvement of surrounding properties. The proposed location of the school on a major roadway 2 promotes growth and is centrally and conveniently located to nearby residential areas. The Public Facilities report submitted with the application advised that the water and sewer services will continue to utilize the existing infrastructure. The Department of Public Utilities recommended approval of the request. The conceptual plan showed a wet pond as the primary stormwater management device. The Public Works Department advised that the site will need to comply with the City regulations and the total stormwater impacts and associated management strategies of development will be determined at the time of site plan review. The Public Works Traffic Engineering Department approved the Traffic Impact Analysis submitted for this project. Some of the recommendations included two (2) access points from Nansemond Parkway, two (2) 200 foot left turn lanes, each with a 200 foot taper, and two (2) 200 foot right turn lanes, also with a 200 foot taper. Staff concluded that the proposed change in zoning and use are consistent with the requirements of the UDO and will be in conformance with the Comprehensive Plan; therefore, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Jeff Harris, Project Manager and Greg Hayes, MSA. Mr. Harris stated that this will be a 2- story school serving approximately 1,000 students. The current design will have 175 parking spaces, which does not include 18 spaces for buses. Mr. Hayes advised that 3 they are aware of the existing site drainage issues and the new design will take care of the problems. Also, speaking in favor of this application was Gerry Jones, Director of Capital Programs & Buildings. He stated that this project is scheduled to be complete and will open in the Fall 2018. Also, speaking in favor of this application was Thomas Hazelwood, 9356 Eclipse Drive, Suffolk, VA. He asked for the Commission’s approval of this request. There being no speakers in opposition, the public hearing was closed. Commissioner Rountree inquired about the drainage issue because when it rains, it gets flooded. He inquired if the problem has been taken care of downstream from the school or if they are just getting it off of the site. Mr. Hayes advised that they are getting it off of the site initially, but during site plan review they will be required to address any downstream issues. Commissioner Vacalis advised that he had concerns about the location of the school. He noted that the Comprehensive Plan states that elementary schools should be located in growth areas and in areas where at least some students can walk to school. Mr. Goumas advised that there is a need to balance the noted locational guidelines with other smart growth principles and guidelines pertaining to utilizing previous public investment. For example, siting the new school on property where one currently exists 4 and where utilities and infrastructures are available and in place. After discussion by the Commission, Commissioner Singleton made a motion to approve this application, seconded by Commissioner Hicks and passed by a recorded vote of 7 to 1, with Commissioner Edwards voting in opposition. CONDITIONAL USE PERMIT, C19-15, Jackson Accessory Dwelling/Workshop, submitted by Aaron Jackson, applicant(s) and 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 an accessory dwelling, on property located at 4304 Carolina Road, Zoning Map 66, Parcel 36. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned A, Agricultural District. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. The next item of business was introduced by the Chairman followed by a staff report presented by Amanda Beck, Planner II. Ms. Beck stated that the applicant requested a conditional use permit to establish a 20’ x 32’, 640 square foot, single-story workshop. Due to the inclusion on the floor plan of a kitchen area with a stove and a full bathroom, Mr. Jackson was informed by city staff that this structure is classified as an accessory dwelling and would require a conditional use permit to be in compliance with state and local regulations. The Suffolk Health Department reviewed the applicant’s proposal and conditionally approved of the work. The conditional approval limits the number of individuals in the principal dwelling and the accessory dwelling unit not to exceed 6 individuals. The primary dwelling fronts on Carolina Road, a 5 SCOD designated road. The property is accessed by a 10-foot wide gravel driveway, which terminates behind the house at the detached garage. This application meets all of the supplemental standards. The proposed accessory dwelling is well outside of the required setbacks. The accessory dwelling unit will have a separate tank, which connects to the principal dwelling’s existing septic system. The accessory dwelling unit will also connect to the deep well on site for water. The applicant is aware he may not rent the unit to the general public, and the Zoning Administrator shall review the site on an annual basis for compliance. It was staff’s opinion that the site in question is appropriate for the proposed use, and given the size of the existing lot, as well as the proposed size of the dwelling unit, the use will not adversely impact the surrounding neighborhood. Therefore, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Aaron Jackson, property owner. He asked for the Commission’s approval of this application. Commissioner Vacalis made a motion to approve this application with the conditions, seconded by Commissioner Staylor and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OA01-16; initiated by the Suffolk Planning Commission, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 4, Zoning, Section 31-402, Establishment of Zoning Districts, Section 31-403, Relation of Zoning Districts to Comprehensive Plan and Purpose Statement, Section 31-406, Permitted Uses, Section 31-408, Specific Base 6 Zoning District Criteria, and Article 6, Design and Improvement Standards, Section 31-607, Parks and Open Space to codify regulations pertaining to the implementation of the 2035 Comprehensive Plan. The next item of business was introduced by the Chairman followed by a staff report presented by Claire Jones, Comprehensive Planning Manager. Ms. Jones stated that the proposed amendments will create four new zoning districts and affect 6 sections of the UDO. Section 31-402 will be amended to list the new districts, and their names indicate the maximum density allowed in each. They are the RU-12 (Residential Urban - 12) district, the RU-18 (Residential Urban -18) district, the RU-24 (Residential Urban – 24) district, and the MUC-40 (Mixed Use Core – 40) district. These districts will be appropriate in the inner ring suburban, core support, and mixed use core districts. Section 31-403 of the UDO establishes the relationship of zoning districts to the comprehensive plan. This section will be amended to list each of the four new districts and describe the purpose and general character of each. Appropriate place types, which are a new concept introduced in the 2035 plan, will be listed for each district. Table 406-1 lists the principal uses in each district and will be amended to establish the new district. The uses in the new districts are intended to be similar to uses in the existing RU, VC, and CBD districts, creating a smooth transition between districts. Table 407-1 deals with dimensional standards in each zoning district. They are established with the intention of moving smoothly from lower density to higher density districts. Section 7 31-408 deals with base zoning district criteria and begins to codify additional provisions in the plan like parking and circulation patterns. The location and type of parking is addressed in this section, along with landscaping and screening. The plan envisions more traditional connected developments with more on street parking and fewer large parking areas. Where surface lots are used, this section provides guidance for locating them behind buildings and requires screening where it is appropriate. Finally, the proposed amendment will add the new RU-12 district to the parks and open space requirements in Table 607-1. This would treat that district the same as other existing higher density residential areas in relation to open space requirements. Based on the considerations above, staff recommended approval of the ordinance text amendments. 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 the ordinance text amendment, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. CAPITAL IMPROVEMENTS PLAN: Tealen Hansen, Director of Finance, and City staff gave a brief presentation on the City’s Capital Improvements Plan for FY 2017-2026. 8 After discussion by the Commission, Commissioner Rector made a motion to approve the CIP and forward it to City Council, seconded by Commissioner Vacalis and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Goumas reported on the results of the December 16th City Council meeting. OTHER BUSINESS: Commissioner Vacalis made a motion to initiate an ordinance text amendment in order to amend Sections 31-406, Use Regulations, Table 406-1, Principal Uses Permitted in Zoning Districts, 31-723, Neighborhood Gardens and Appendix A, Definitions to establish a definition for Neighborhood Gardens of the UDO to establish Neighborhood Gardens as a principal use in the City of Suffolk, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. There being no further business, the meeting was adjourned. 9  MT: Singleton MT: Vacalis MT: Singleton MT: Rector PLANNING COMMISSION 2ND: Hicks 2ND: Staylor 2ND: Edwards 2ND: Vacalis MEETING TO: Approve TO: Approve TO: Approve TO: Approve January 19, 2016 w/conditions VOTE: 7-1 VOTE: 8-0 VOTE: 7-0 VOTE: 8-0 RZ7-15 C19-15 OA1-16 CIP Plan PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Edwards, Johnnie X X X X X Hicks, Anita X X X X X Rector, John X X X X X Rountree, Ronnie Singleton, Arthur X X X X X X X X X X Staylor, Mills X X X X X Vacalis, James  MT: Vacalis MT: MT: MT: PLANNING COMMISSION 2ND: Edwards 2ND: 2ND: 2ND: MEETING TO: Initiate TO: TO: TO: January 19, 2016 ordinance text amendments in reference to Neighborhood Gardens VOTE: 8-0 VOTE: VOTE: VOTE: PRESENT ABSENT YES NO YES NO YES NO YES NO X X Benton, Howard C. X X Edwards, Johnnie X X Hicks, Anita X X Rector, John X X Rountree, Ronnie X X Singleton, Arthur X X Staylor, Mills X X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK  CITY OF SUFFOLK 442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099 DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning February 16, 2016 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Rezoning Request RZ05-15 (Conditional), submitted by the Whitney Saunders, Saunders and Ojeda, P.C., agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district, for property located at the 5616 Shoulders Hill Road, Zoning Map 12, Parcel 56. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned RR, Rural Residential zoning district. The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Inner-Ring Suburban Use District. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Nicole Ward, the staff person handling this case, if you have any questions in advance of the meeting. Sincerely, Robert P. Goumas, AICP Interim Director of Planning and Community Development /njw Attachments  STAFF REPORT DESCRIPTION REQUEST: Rezoning Request, RZ05-15 (Conditional), submitted by the Whitney Saunders, Saunders and Ojeda, P.C., agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district APPLICANT: Whitney Saunders, agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner. LOCATION: The subject property is located at the 5616 Shoulders Hill Road, Zoning Map 12, Parcel 56, and is further identified as being located in the Sleepy Hole Voting Borough. PRESENT ZONING: The property is presently RR, Rural Resident zoning district with Special Corridor Overlay District (SCOD). EXISTING LAND USE: Currently a 2 story single family home with a garage and a barn located on the property. PROPOSED LAND USE: To establish a 138 unit age-restricted multi-family apartment complex SURROUNDING LAND USES: North: Vacant land, RR, Rural Resident Zoning District and General Commercial District South: Traditional Neighborhood (Row houses, Lofts, Quaduplex buildings, Office and Retail), Traditional Neighborhood Development East: Single Family Homes, RR, Rural Resident Zoning District) West: Shoulder Hill Road right-of-way and B-2, General Commercial District COMPREHENSIVE PLAN: The 2035 Comprehensive Plan map designates this property as being within the Northern Growth Area, Inner-Ring Suburban 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 Management Area (RMA) and Resource Protection Area (RPA). CERTIFICATION OF PUBLIC NOTICE: The 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. CASE HISTORY: There is no case history on the subject property. Planning Commission February 16, 2016 RZ05-15 Page 2 of 6 STAFF ANALYSIS ISSUE The applicant is requesting a change in zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district, for a parcel of land identified as Zoning Map 12, Parcel 56. The subject land contains approximately 14.99 acres currently with a vacant single family home. The parcel fronts Shoulders Hill Road, which is identified as a principal arterial roadway. The subject parcel is located in the Northern Growth Area and is included as part of the Inner Ring Suburban Use District. The property is surrounded by Rural Residential, Traditional Neighborhood Development and General Commercial zoned properties. The RU zoning district is a high density district allowing for development consisting of the full spectrum of residential unit types including apartments. The RU zoning district may also serve as a transitional district between single family and commercial or office districts in the urbanized areas. CONSIDERATIONS AND CONCLUSIONS In accordance with Appendix B, Section B-4 of the Unified Development Ordinance, rezoning applications must include a statement of the reasons for seeking an amendment to the zoning maps of the City of Suffolk. Supplemental information provided by the applicant indicates that the reason for this rezoning is that the development fits within the existing trend of a residential corridor and is consistent with the Inner Ring Suburban designation. 1. Comprehensive Plan The 2035 Comprehensive Plan describes the Inner Ring Suburban Use District as the first area from the center of the Growth Area where exclusively residential subdivisions should be located. Residential uses within the Inner Ring Suburban use district can be characterized as moderately dense with an acceptable density ranges between 6 and 12 units per acre and typified by single- family residential subdivisions. The Comprehensive Plan specifically encourages a Suburban Neighborhood place type within the Inner Ring and Suburban Use Districts. Suburban Neighborhoods are typically accessible by all modes of transportation, but the primary access is by private auto and are often described as subdivisions, townhouse developments and apartment complexes. The Comprehensive Plan sets specific values, themes and policies related to land use, and policies related to land use and development patterns that should be considered when contemplating a rezoning application. Germaine to the application are: Key Values and Policies Policy 2-1: Keep development focused in designated Growth Areas in the City. Action 2-1A: Ensure that the City’s land use regulations support higher density/intensity development in focused Growth Areas. It is staff’s opinion that the location of this project is appropriate and most suitable in the Inner Ring Suburban Use District in which it located than the existing zoning. We also believe that this parcel is best suited to this type of Planning Commission February 16, 2016 RZ05-15 Page 3 of 6 residential development due to limited road frontage and the existence of neighboring multi- family development. Policy 2-2: Assure that development occurs in a predictable and orderly manner, and is exhibited through Action 2-2H: Ensure that public infrastructure anticipates future population needs by requiring consideration of available and planned public facilities when reviewing rezonings and plan changes that would increase public service and infrastructure needs. This is crucial to the City’s water and sewer system needs. The proposed development is located in the Shoulders Hill corridor, an area with available public facilities and also prioritized for improvements. This project will provide needed additional improvements and help the City advance capacity in a high priority location. Policy 2-3: Promote a balance of residential and non-residential land uses. The proposed project is located across from commercial development and in an area of the City that contains a variety of residential uses. This project will provide and continue appropriate transitions between commercial and residential development, and between higher density multi-family and lower density single family development. Policy 4-1: Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel. The project will include sidewalks and pedestrian connections within the site and on Shoulders Hill Road, both enhancing walkability for all residents in this corridor. Action 4-1A: Focus development in the two Suburban/Urban Growth Areas based on the densities shown in Chapter 3. The proposed project has a density of 9.2 units per acre, which is appropriate in the Inner Ring Suburban District and more suitable than the allowable density under the current RR zoning. Action 4-1E: Continue to tie development approval to the adequacy and funding of public facilities, including roads. This corridor and the nearby intersection at Shoulders Hill Road and Bridge Road are included as priority improvements under the 2035 Comprehensive Plan. Frontage and road improvements associated with this project are compatible with these projects. 2. Unified Development Ordinance The Unified Development Ordinance specifies criteria for the use of RU zoning. The following should be considered when considering this request for a change in zoning. Three criteria are identified: No application for development within the RU zoning district shall be approved unless the proposed use and/or development conforms to the requirements of Article 4 (Zoning), 6 (Design Standards), and 7 (Supplemental Use Standards) of the UDO. Planning Commission February 16, 2016 RZ05-15 Page 4 of 6 This site will be required to meet the requirements in Articles 4, 6, and, and 7 of the UDO. No subdivision plat shall be approved unless the proposed development is served by the central water system of the City of Suffolk and the central wastewater system of the City of Suffolk, in accordance with Section 31-613 of this Ordinance, and Chapter 90, of the City Code of Suffolk. The applicant has indicated that this project will extend public water and sewer to the parcel as part of this project. 3. Adequate Public Facilities The purpose and intent of the adequate public facilities ordinance is to ensure that public facilities are available to support new development and associated impacts and meets or exceeds the Level of Service standards established by the 2035 Comprehensive Plan and the Unified Development Ordinance. No rezoning request should be approved which would cause a reduction in the levels of service standards for any public facility impacted. The facilities impacted by the proposed development discussed individually below: Public Water and Sewer The Public Facilities report has been submitted with the application and addresses the issue of providing water and sewer service to the facility. City water and sewer are available to this parcel from an existing 20” water main and 10” gravity sewer main along Shoulders Hill Road. During project design, a Water Model Capacity Curve will need to be obtained from the City that provides flow and pressure available from the existing 20” water main on Shoulders Hill Road for fire and domestic demands. The Department of Public Utilities recommends approval of the request, but notes that any development of this parcel beyond the 144 units already modeled will require an additional sewer model. Stormwater Management A conceptual plan was submitted as a part of this application. The Public Works Department has advised that the most recent conceptual plan shows the constructed wetlands to the west adjacent to Shoulders Hill Road and within the landward of the 100’ RPA. The placement of the constructed wetlands in the RPA appears to violate Section 31-415 of the UDO as this stormwater management facility only treats this proposed development and will result in significant impacts to the proposed layout of the site. The current calculations appear to be in compliance, however, if the BMP is relocated these calculations will need to be revised. Streets The Traffic Impact Analysis (TIA) submitted for this project outlines the traffic impacts associated with the proposed development. Traffic engineering is in agreement with the recommendations in the TIA and those recommendations are accurately reflected in the Planning Commission February 16, 2016 RZ05-15 Page 5 of 6 submitted proffers. Actual design of these improvements will be reviewed and approved at the time of site plan review. The TIA notes, the City has requested funding from VDOT for improvements to the Bridge Road/Shoulders Hill Road intersection, particularly to improve the westbound Bridge Road left turn movement and northbound Shoulders Hill Road left and right turn movements. As noted in the TIA, these movements currently do not meet acceptable levels of service. Because this development will contribute additional traffic to these movements, the developer has proffered a cash contribution of $100,000 to the City’s capital project for improvement of this intersection for its percentage of traffic added to the intersection. Traffic Engineering has reviewed and approved the TIA submitted with this request. Schools The developer has proffered to limit residents of the development to persons 62 years of age and over. With this age restriction, no students will be generated from this rezoning request and there will not be any impacts to public schools. 4. Proffered Conditions The applicant has offered proffered conditions in support of this application. The applicant has proffered: 1. The owner applicant agrees that the property shall be rezoned to RU for the purpose of construction of 138 apartment units, which shall be restricted to full time residents who are 62 years of age or older. 2. The exterior building facades of the buildings which will contain the apartment units shall be constructed of the following materials: a. Brick masonry veneer to cover 35% of the building facades. b. Fiber cement panel siding (Hardi-siding) to be used strategically on the facades. c. Commercial grade colorfast vinyl siding. d. Energy efficient energy star rated windows. 3. The Hilltop Terrace Apartment Complex shall include community rooms, kitchenette, exercise and fitness room, outdoor gas grilling stations, and exterior recreation areas. 4. The owner applicant agrees to the following improvements at the intersection of Shoulders Hill Road and the entrance to Hilltop Terrace Apartments: a. The project shall be coordinated with the existing street section to the South of the project. b. A southbound 200ft left turn lane with a 200ft taper shall be constructed. Planning Commission February 16, 2016 RZ05-15 Page 6 of 6 c. A northbound 200ft right turn lane with a 200ft taper shall be constructed. d. The Hilltop Terrace entrance shall have two exiting lanes (one left turn and one right turn) and one entering lane. 5. Upon the issuance of a Certificate of Occupancy, the owner applicant agrees to make a cash contribution of $100,000.00 to the City of Suffolk for capital improvements to the intersection of Shoulder's Hill Road and Bridge Road. 5. Fiscal Impact Study The applicant submitted a fiscal impact study that states the overall fiscal impact of the proposed development is positive. The study states that a positive cash flow is received by the City during the projects ramp up period and each year thereafter. RECOMMENDATION Based on guidance by the cited provisions of the 2035 Comprehensive Plan and Unified Development Ordinance, staff concluded that the proposed change in zoning and use are consistent with the requirements of the UDO and will be in conformance with the Comprehensive Plan. Furthermore, as proffered the proposal either maintains existing levels or mitigates advances impacts to the public facilities. Based upon the above findings-of-fact, staff recommends approval of Rezoning Request RZ05-15 (Conditional) as requested. Attachments • Proposed Ordinance • Exhibit A – Planning Commission Recommendation • Exhibit B – Proffered Conditions • Exhibit C –Zoning/Land Use Map and Survey ORDINANCE NUMBER ________________ AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT TO RU, RESIDENTIAL URBAN ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT THE 5616 SHOULDERS HILL ROAD, ZONING MAP 12, PARCEL 56; RZ05-15 (CONDITIONAL) WHEREAS, the Whitney Saunders, Saunders and Ojeda, P.C., agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district (Conditional), for property located at the 5616 Shoulders Hill Road, Zoning Map 12, Parcel 56, which land is depicted on Exhibit “B”; and, WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on the 16th day of March, 2016, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit “A”, "Planning Commission Recommendation" and Exhibit "B" Proffered Conditions, and Exhibit C “Zoning/Land Use Map”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. A. Council finds that the proposed rezoning is reasonable and warranted due to change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses;  4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and, 13. the expressed purpose of the City’s Unified Development Ordinance as set out in Section 31-102 of the Unified Development Ordinance, 1998, as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended. B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and, 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 3. Rezoning. 1. The property, as shown on the attached Exhibit C, be, and is hereby, rezoned and the official zoning map be, and is hereby, amended, RR, Rural Residential zoning district to RU, Residential Urban zoning district (Conditional) for the property located at  5616 Shoulders Hill Road, Zoning Map 12, Parcel(s) 56. Section 4. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. This ordinance shall be effective upon passage and shall not be published or codified. READ AND PASSED:___________________________ TESTE:___________________________ Erika S. Dawley, City Clerk Approved as to Form: ________________________________________ Helivi L. Holland, City Attorney  EXHIBIT A RESOLUTION NO. 16-2-01 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZ05-15 (CONDITIONAL) TO CHANGE THE ZONING FROM RR, RURAL RESIDENTIAL ZONING DISTRICT TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT THE 5616 SHOULDERS HILL ROAD, ZONING MAP 12, PARCEL 56. WHEREAS, Whitney Saunders, Saunders and Ojeda, P.C., agent, on behalf of Murray Kirk, Shoulder’s Hill, LLC, applicant and property owner, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Residential zoning district to RU, Residential Urban zoning district; and 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. A. The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services;  8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; 13. the expressed purpose of the City’s Unified Development Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia (1950), as amended (“Va. Code”). B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and, 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, RZ05-15 (Conditional), be: ___a. Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. ___b. Denied, and that Council not adopt the proposed Ordinance. ___c. Granted with the modifications set forth on the attached listing of specific recommendations, and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED:________________________________ TESTE:________________________________ THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF January 20, 2016 A. CONDITIONAL USE PERMIT, C16-15, Clark Accessory Dwelling Unit, submitted by John Allen Clark, applicant(s) and 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 Approved establish an accessory dwelling unit, on property located at 4949 Godwin Boulevard, Zoning w/conditions Map 9, Parcel(s) 69. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RE, Rural Estate zoning district. The 2035 Comprehensive Plan designates this area as a part of the Rural Conservation Use District. B. STREET VACATION REQUEST, SV06-15, Route 13/ former Old Somerton Road, submitted by Rathmond Collins, Calvin Dildy and Brian Baker, agent(s), on the behalf of Palm Tree Baptist Church, applicant(s) and property owner(s), to vacate a segment of former Old Somerton Road/ Route 13 located between Zoning map 75 and Parcel(s) 11 and 14. The Approved affected area is contiguous to property located at in the rear of 8037 Whaleyville Boulevard, Zoning Map 75, Parcel(s) 11 and 14. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned A, Agricultural zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. THIS PAGE WAS INTENTIONALLY LEFT BLANK