Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR APRIL 19, 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, APRIL 15, 2016. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION APRIL 19, 2016 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Old Business 4. New Business  Staff Report pertaining to the Update of the Downtown Suffolk Initiatives Plan, a component of the 2035 Comprehensive Plan 5. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION March 15, 2016 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, March 15, 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 Claire Jones, Interim Asst. Dir. of Planning James R. Rountree Nicole Ward, Current Planning Manager Anita Hicks David Parks, Principal Planner John Rector Catina Myrick, Executive Secretary Mills Staylor James G. Vacalis The meeting was called to order by Chairman Benton and Commissioner Hicks 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 FAMILY TRANSFER SUBDIVISION PLATS: FAMILY TRANSFER SUBDIVISION PLAT FT07-13, submitted by Ray Parker, Jr., property owner, requesting a family transfer subdivision pursuant to Section 31- 514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 42, Parcel 75*1, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The 2035 Comprehensive Plan designates this area as being located within the Rural Agricultural Use 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 requested to subdivide 2 parcels which are to be conveyed to Joann Parker and Rhonda Poole pursuant to Section 31-514 of the UDO. 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 Grantees. A letter from the Health Department approving the well and septic system has been provided. The Grantor and Grantees have acknowledged by the sworn affidavit that: 1) The purpose of this subdivision is to gift this parcel from Ray Parker Jr. to his natural defined mother , Joann Parker, and natural defined sister, Rhonda Poole who are over the age of 18 and have not previously received a parcel of land under the family transfer ordinance, 2) The recipients have acknowledged that title to the property must be held for 10 years from the date of receipt, other than to jointly hold title with their spouse, and that the family transfer parcel may not be sold, subdivided or otherwise conveyed during that 10 year 2 holding period, 3) And that this parcel was created to provide a place of residence for the Grantees separate from the Grantor in order to keep the property in the immediate family. Staff found that the applicant’s request meets the criteria for a family transfer subdivision and recommended approval of this application. Commissioner Singleton made a motion to approve this application, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. FAMILY TRANSFER SUBDIVISION PLAT FT07-15, submitted by Melissa Dearsley, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 63*45D, Manning Road, Whaleyville Voting Borough, Zoned A, Agricultural Zoning District. The next item of business was introduced by the Chairman followed by a staff report presented by Nicole Ward, Current Planning Manager. Ms. Ward stated that the applicant intends to convey the parcel to her daughter, Natassia Dearsley and retain the residue parcel. The lot dimensions and building setback lines for this lot are consistent with the Agricultural zoning district. Adequate building area for a dwelling and well and drainfield locations are available on each proposed parcel. Natassia Dearsley is the natural defined daughter of Melissa Dearsley. The recipient has not previously received a parcel of land under the family transfer ordinance. By sworn affidavit and covenants provided in the Deed of Gift, the grantees have acknowledged that the subject lots created under this Section shall be titled only in the names of the immediate family 3 member for whom the subdivisions are made for a period of not less than 10 years. The affidavit also clarifies the intent of the request, which is to not circumvent the UDO, but instead is to provide a separate place of residence for the grantees and to keep the family estate within the immediate family. The proposed residue parcel will retain the minimum required 150 feet of road frontage along Manning Road. The applicant provided the well and septic tank Certification Letters of Approval from the Health Department for the proposed family transfer parcels. Staff found that the applicant’s request meets the criteria for a family transfer subdivision, and the proposed parcel meets all zoning requirements as set forth in the UDO. Therefore, staff recommended approval this application. Speaking in favor of this application was Melissa Dearsley, applicant. She asked for the Commission’s approval of this application. Commissioner Hicks made a motion to approve this application, seconded by Commissioner Staylor and passed by a voice vote of 8 to 0. PUBLIC HEARING: REZONING REQUEST, RZ13A-13, (Conditional), Bennett’s Creek Square, submitted by John Napolitano of Napolitano Homes, applicant, on the behalf of Bennett’s Creek Square, Incorporated, property owner, to amend the approved proffered conditions. The purpose of this request is to modify the approved Conceptual Plan in order to decrease the number of single family lots from 74 lots to 63 lots, and to reduce the cash proffer in order to advance middle school and high school capacity commensurate with the requested decrease of the approved number of single family 4 lots. The affected areas are located at 5550 Shoulder’s Hill Road, and are further identified as Zoning Map 12, Parcel 57 and Zoning Map 12V, Parcel A*2, Sleepy Hole Voting Borough, zoned TND, Traditional Neighborhood Development District. The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Inner-Ring Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report presented by Claire Jones, Interim Assistant Director of Planning. Ms. Jones stated that the applicant requested to reduce the number of single family lots in the development from 74 to 63, to amend the conceptual plan and reference date in the proffers, and to reduce the cash proffer for schools in accordance with the amended number of lots. The applicant requested this change in order to meet design requirements on individual home sites in the single family phase of the development. This property was first conditionally rezoned in February 2005 from Rural Residential to TND. The conditional zoning has previously been amended four times. The amendments have included a number of adjustments to market conditions, such as elimination of the age restriction for the multi-family units and the related addition of cash proffers. The proffers were last amended in March 2014 and included a reduction in the minimum single family lot size, an increase in the number of single family lots from 51 to 74, and the addition of cash proffers for middle and high school capacity for the additional 23 lots. This request is to decrease the number of single family lots to 63 from the previously approved 74 lots, and to reduce the cash proffer for school 5 capacity equal to the decrease in the number of approved single family lots. No change in minimum lot size is requested. The requested decrease in single family units will result in a residential density of 2.97 units per acre, which meets the density range in the Inner Ring Suburban District at that time of initial approval and subsequent amendments. The revised conceptual plan included 63 single family lots occupying the same area of the development as previously proposed. The revised number of proposed lots is not expected to impact the ability to provide adequate water and sewer facilities, stormwater management, or public safety services. The revised addition of 12 dwelling units from the original 51 is estimated to generate 2.28 additional high school students for Zone 2 and 1.44 additional middle school students for Zone 1. In order to advance capacity in accordance with the revised number of lots, the developer will contribute a total of $128,121.60, or $2,033.68 for each dwelling unit. Staff found that the proposed amendments to the proffers associated with Bennett’s Creek Square are compatible with the intent of the 2035 Comprehensive Plan and do not affect the overall project or requirements of the Traditional Neighborhood Development zoning district. Staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was John Napolitano, 1492 S. Independence Blvd. He asked for the Commission’s approval of this application. 6 There being no speakers in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this application, seconded by Commissioner Rountree and passed by a recorded vote of 7 to 0 to 1. (Rector abstained.) 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. The next 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 application is to rezone the property from Rural Residential (RR) to Residential Urban (RU) zoning district. The applicant proposed to establish a 138-unit age-restricted multi-family apartment complex. The proposed use is located within the Northern Growth Area, Inner Ring Suburban use district. As it relates to the Comprehensive Plan, it was staff’s opinion that the location of this project is appropriate and more suitable in the Inner Ring Suburban Use District, than the existing zoning. This parcel is best suited for this type of residential development due to limited road frontage and 7 the existence of neighboring multi-family development. In regard to Public Facilities, existing water and sewer services are available along Shoulders Hill Road. The Department of Public Utilities recommended approval of this request, but noted that 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 water main on Shoulders Hill Road for fire and domestic demand. The Public Works Department advised that the most recent conceptual plan showed the placement of the constructed wetlands, which will serve as a stormwater management facility, is proposed to be located within the 50’ RPA, and appears to violate Section 31-415 of the UDO. The department noted that the current calculations appear to be in compliance; however, if the BMP is relocated these calculations will need to be revised. The Traffic Impact Analysis noted that the intersection of Bridge Road and Shoulders Hill Road currently does not meet acceptable levels of service. Because this development will contribute additional traffic to the intersection, the developer proffered a cash contribution of $100,000 to the City’s capital project for improvement of this intersection. The developer also 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. 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 8 Comprehensive Plan. Therefore, staff recommended approval of this application with the proffers. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. Speaking in opposition was Jean Carmene, 3616 Labrador Lane, Suffolk, VA. She stated that she was not opposed to the development, but expressed her desire to see a trailway that goes through this community and connect to other property. Speaking in rebuttal was Whitney Saunders. He advised that the applicant has had discussion about making a connection to the adjacent properties and will provide frontage improvements that will provide access to the commercial area as improvements to Shoulders Hill Road are completed. There being no more speakers, the public hearing was closed. Commissioner Rountree stated that he believes this is a great location for these apartments, but he expressed his concerns about the traffic in this area. After discussion by the Commission, Commissioner Hicks made a motion to approve the application, seconded by Commissioner Vacalis and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OA2-16; 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 31-406, Use Regulations, Table 9 406-1: Permitted Uses in Zoning Districts; Article 7, Supplemental Use Regulations; and Appendix A, Definitions, for the purpose of establishing gardens as a principal use in the City of Suffolk The next item of business was introduced by the Chairman followed by a staff report presented by Claire Jones, Interim Assistant Director of Planning. Ms. Jones stated that this proposed text amendment is to establish neighborhood gardens as a principal use in the City of Suffolk and to provide related performance standards in the UDO. In that regard, the term neighborhood garden would be added to the Definitions in Appendix A. A neighborhood garden would be no more than 2 acres in size and would be limited to agricultural or horticultural crops for personal use or consumption. This would not allow commercial crops to be grown or sold on site. A new section would be added to the Supplemental Use Regulations to lay out physical and operational standards for neighborhood gardens. This section would address dimensional standards, as well as buildings, lighting, signage, fencing, screening, and compliance with other code sections. For example, gardens would have to meet setbacks for a principal use, only one accessory building would be allowed on the rear half of the lot, and requirements are included for removal of structures if the use is discontinued. Finally, neighborhood gardens would be added to Table 406-1 as a principal use allowed in all residential districts as well as in the Agriculture, Village 10 Center, and Central Business Districts. The Committee on Ordinances supported the text amendments. Staff recommended approval of the ordinance text amendments. The public hearing was opened and speaking in favor of this application was Kay Cherry of Suffolk Partnership for a Healthy Community - she advised that she was in support of this ordinance text amendment. Daniel Strum, 9131 River Crescent, Suffolk, VA – he asked for the Commission to allow heavy equipment (tractor) on the lot 2 times a year, once in the spring and once in the fall. He asked for the Commission’s approval of this ordinance text amendment. Speaking in opposition was Cameron Robinett, President of Cedar Point Country Club – he advised that he had concerns about what would happen if other vacant lots in Cedar Point become gardens as well. He was concerned as how it would affect the Cedar Point Country Club as a business. Speaking in rebuttal was Mr. Strum – he advised that he doubts this will be a problem because there have been plenty of people admiring his garden, but nobody took him up on his offer to help. Also, speaking in favor of this application was Jean Carmene, 3616 Labrador Lane – she advised that there are other areas in neighborhoods that gardens would be beneficial and attractive. There being no more speakers, the public hearing was closed. 11 Following the closure of the public hearing, Nancy Franklin, 9039 River Crescent, Suffolk, VA indicated she wished to speak on the matter. Having no objection from the Commission members, Chairman Benton granted her request. Ms. Franklin expressed concerns about the proposed ordinance, asking how many people could have gardens on one property and if the adjacent property owner will be notified. Commissioner Vacalis advised that this ordinance does not supersede any deed restrictions a lot may have. After discussion by the Commission, Commissioner Singleton made a motion to approve this ordinance text amendment with the amended verbiage of subsection b in Section 31-723 “Use of mechanized equipment is generally prohibited in residential districts; however, farm equipment may be used during initial preparation and at the end of the growing season of the land for the garden use”, seconded by Commissioner Vacalis and passed by a voice vote of 8 to 0. STATUS REPORT: Mr. Goumas reported on the results of the February 17th City Council meeting. There being no further business, the meeting was adjourned. 12  MT: Singleton MT: Hicks MT: Singleton MT: Hicks PLANNING COMMISSION 2ND: Edwards 2ND: Staylor 2ND: Rountree 2ND: Vacalis MEETING TO: Approve TO: Approve TO: Approve TO: Approve March 15, 2016 VOTE: 8-0 VOTE: 8-0 VOTE: 7-0-1 VOTE: 8-0 FT7-13 FT7-15 RZ13A-13 RZ5-15 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 Abstained 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: Singleton MT: MT: MT: PLANNING COMMISSION 2ND: Vacalis 2ND: 2ND: 2ND: MEETING TO: Approve TO: TO: TO: March 15, 2016 w/amendment to Section 31-723 subsection b VOTE: 8-0 VOTE: VOTE: VOTE: OA2-16 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 THIS PAGE WAS INTENTIONALLY LEFT BLANK