Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR MAY 17, 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, MAY 13, 2016. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION MAY 17, 2016 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearings: A. CONDITIONAL USE PERMIT REQUEST, C04-16, Robin Nest Daycare, submitted by Robbin L. Reid, 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 a daycare, family day home, 6-12 children, on property located at 125 Squire Reach, Zoning Map 25L, Parcel(s) 3*113. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned PD, Planned Development zoning district. The 2035 Comprehensive Plan designates this area as a part of Central Growth Area, Suburban Use District. B. ORDINANCE TEXT AMENDMENT OA03-16, initiated by the Suffolk Planning Commission for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, by amending: Article 4, Zoning, Section 31-406, Use Regulations, Table 406-1, Principal Uses Permitted in Zoning Districts; Article 7, Supplemental Use Regulations, Section 31-707, Home Occupations and Appendix A, Definitions. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances and changes to the Code of Virginia. 4. Old Business 5. New Business A. Staff Report – Legislative Update B. Status Report – City Council Meeting, April 20, 2016 6. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION April 19, 2016 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, April 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 Claire Jones, Interim Asst. Dir. of Planning John Rector Nicole Ward, Current Planning Manager Mills Staylor Catina Myrick, Executive Secretary James G. Vacalis The meeting was called to order by Chairman Benton and Commissioner Singleton 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. NEW BUSINESS: Mr. Goumas advised that during the update and adoption of the 2035 Comprehensive 1 Plan, staff advised the Commission that following the successful completion of that work effort, it will be beneficial to begin a review and update of the various Village and Neighborhood Initiatives Plan. In that regard, Ms. Jones, Interim Assistant Director of Planning, gave a presentation on the Downtown Suffolk Initiatives Plan, a component of the 2035 Comprehensive Plan. After discussion by the Commission, Commissioner Singleton made a motion to initiate the review, and if so determined to be advisable, to amend the various Downtown, Village and Neighborhood Initiative Plans which are components of the adopted 2035 Comprehensive Plan, in order to better guide and coordinate the harmonious development of the City of Suffolk, seconded by Commissioner Vacalis and passed by a voice vote of 6 to 0. OTHER BUSINESS: Commissioner Vacalis made a motion to initiate amendments to the Unified Development Ordinance for the purpose of establishing regulations pertaining to solar energy, various permitted and conditional uses, and other changes required as a result of changes to the Code of Virginia, seconded by Commissioner Edwards and passed by a voice vote of 6 to 0. Commissioner Vacalis made a motion to schedule a public hearing for May 17, 2016, in order to amend sections: 31-406, Permitted Uses, Table 406-1, Principal Uses 2 Permitted in Zoning Districts; 31-707, Home Occupations; and Appendix A, Definitions of the Unified Development Ordinance in order to better accommodate changing trends in development and required as a result of changes to the Code of Virginia, seconded by Commissioner Staylor and passed by a voice vote of 6 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 3  MT: Singleton MT: Vacalis MT: Vacalis MT: PLANNING COMMISSION 2ND: Vacalis 2ND: Edwards 2ND: Staylor 2ND: MEETING TO: Amend the various TO: Initiate ordinance TO: TO: Amend UDO in April 19, 2016 Downtown, Village and text amendment to regard to solar energy Neighborhood Initiative Sections 31-406, Table and various permitted Plans 406-1, 31-707 and and conditional uses Appendix A VOTE: 6-0 VOTE: 6-0 VOTE: 6-0 VOTE: Solar Energy and Initiate ordinance text Downtown, Village and various Permitted amendment Neighborhood and Conditional Uses Initiative Plans PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X Benton, Howard C. X X X X Edwards, Johnnie X Hicks, Anita X X X X Rector, John X Rountree, Ronnie X X X X Singleton, Arthur X X X X Staylor, Mills X X X X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK  lu}cl,ooe 4 CITY OF SUFFOLK 442 W. WASHINGTON STREET. P.O. BOX 1858. SUFFOLK. VIRGINIA 23439.1858 PHONE: (757) 5144060 FAX: (757) 514-4099 DIVISION OF PLANNING May 17,2016 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Ordinance Text Amendment OA03- 16; initiated by the Suffolk Planning Commission, for amendments to the Code of the City of Suffo1k, Chapter 3 I , Unified Development Ordinance, Article 4, Zoning, Section 3 1-406, Use Regulations, Table 406-1: Permitted Uses in Zoning Districts; Article 7, Supplonental Use Regulations, Section 3 1-707, Home Occupations, and Appendix A, Definitions, for the purpose ofupdating and refining the Code of the City of Suffolk, Chapter 31 , Unified Development Ordinance, due to changes in circumstances and changes to the Code of Virginia. Please contact me or Claire Jones, Interim Assistant Director ofPlanning, ifyou have any questions in advance of the meeting. Resp lys P. Goumas, AICP Interim Director of Planning and Community Development  STAFF REPORT ORDINANCE TEXT AMENDMENT 0A03-16 As initiated by the Planning Commission of the City of Suffolk, the proposed text amendments are intended to modif the Code of the City of Suffolk, Chapter 3 1, Unified Development Ordinance, Articie 4, Zoning, Section 31-406, Use Regulations, Table 406- 1 : Permitted Uses in Zoning Districts, Article 7, Supplemental Use Regulations, Section 31-707, Home Occupations, and Appendix A, Definitions. The purpose of the text amendments is to update and refile the Code ofthe City of Suffolk, Chapter 31, Unified Development Ordinance, due to changes in circumstances and changes to the Code of Virginia. APPLICANT: The proposed ordinance text amendment has been initiated by the City of Suffolk. NOTICE: This request has been duly advertised in accordance with the public notice requirernents set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. ISSUE AND BACKGROUND The proposed text amendments shown in attached Exhibit B are presented for consideration to clarify the definition, classification, and location of certain uses in the City of Suffolk and to comply with changes to the Code of Virginia that will be become effective on July 1, 2016. In that regard, the following sections of the UDO are recommended to be amended Sec. 31-406- Use Regulations - Table 406-1, Principal Uses Permitted in Zoning Districts, is proposed to be modified to clarifu and add definitions for uses that are misclassified or excluded in the current table: - Physical Fitness Facilities with be include with Health Clubs instead Golf, Tennis, and Swim Clubs; - bakeries (non-factory) will be combined under one use category; - Photography Studio and Tobacco Store wi1l be added as principal uses under the category of Commercial and Retail Uses; and, - the two applicable categories related to family day home uses will be revised to comply with a change in the number of children permitted in each under the Code of Virginia. Sec. 3l-7 07 - Home Occupations - This section is proposed to be modified to add Home Da Care: 4 or Fewer Children as an exemption under Home Occupations and to amend Table 707-1, Home Occupation Perlormance Standuds by Zoning Planning Comoission May l7 ,2016 oA3-16 Page 2 of 2 District, to remove Home Day Care: 5 or Fewer Clients from regulated uses. This proposed to comply with the Code of Virginia, which requires that home day care uses with 4 or fewer clients be treated the same as single family uses after July I , 20 1 6 . The recently approved RU-12 Zoning District is also proposed to be added to the table to allow the home occupation uses as in the existing RU Zoning District. Appeadix A- D efini ti o ns. -Revise definitions to inciude Physical Fitness Facility with the definition of Health Club and delete it from the definition of Goll Tennis, Swim Club and to add definitions for Photography Studio and Tobacco Store. - It is also proposed to remove a zoning exonption for farm buildings from the definition of Building. The language in the current definition was adapted from the Uniform Statewide Building Code (USBC) and was not intended to imply an exemption from zoning regulations. Removal of this language will not affect mmpliance with the USBC. RI,COMMENDATION Based on the considerations as noted above, staff recommends approval of the proposed text amendments. The Committee on Ordinances, at their meeting of April 19, 2016, supported the text amendments as proposed by staff and, by a vote of 3 to 0, passed a motion to forward the proposed amendments to the Planning Commission for consideration with the recommendation that they be approved. Attachments . Proposed Ordinance o Exhibit A - Plaruring Commission Recommendation o Exhibit B - Proposed Text Amendments ORDINANCE NO. AN ORDINANCE TO AMEND CIIAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF TIIE CITY OF SUFFOLI! ARTICLE 4, zoNING, SECTION 31-406, USE REGULATIONS, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 3t-707, HOME OCCUPATIONS, AND APPENDIX A, DEFINITIONS; 0A03-16 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of establishing gardens as a principal use in the City of Suffolk; and, WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit "B" are in compliance with the 2035 Comprehensive Plan, as adopted; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, the procedural requironents for the consideration of this request by the Planrring Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section I . That Exhibit "A," "Planning Commission Recommendation," and Exhibit "B," "Amendments to Chapter 31, Unified Developmant Ordinance, Article 4, Zoning, Article 7, Supplemental Use Regulations, and Appendix A, Definitions, of the Code of the City of Suffolk, Virginia," which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Article 4, Zoning, Article 7, Supplemental Use Regulations, and Appendix A, Definitions of the Unified Developmatt Ordinance of the City of Suffo1k, Virginia, is hereby amended to read as referenced in Exhibit "8," attached. Section 3. A11 phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in fuI1 force and effect. This ordinance sha1l 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. 16.05-2 CITY OF SUFFOLK PLANNING COMMISSION A RI,SOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO AN ORDINANCE TO AMEND CHAPTER 31, T]NIFIED DE\'ELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLE ARTICLE 4, ZONING, SECTION 3T-406, USE REGULATIONS, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, AND APPENDD( A, DEFINITIONS; oA03-16 WHEREAS, the Planning Commission of the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of establishing gardens as a principal use in the City of SufFolk; and WIIEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit "B" are in compliance with the 2035 Comprehensive Plan, as adopted; and WIIERIAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, TIIEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findines. The Suffo1k Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to Citv Council. The Plaruring Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; Adopted as submitted without modification. b Denied, and that Council not pass the proposed ordinance. c Adopted with the modifications set forth on the attached listing ofspecifrc recommendations, and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED: TESTE: SEC.31-707. - HOME OCCUPATIONS. (a) PURPOSES. (1) A home occupation is permitted as an accessory use in the districts shown in Table 707- 1 . The purpose of the home occupation regulations and performance standards are: A. To establish criteria for operation of home occupations in dwelling units within residential districts; B. To permit and regulate the conduct of home occupations as an accessory use in a dwelling unit, whether owner or renter-occupied; C. To ensure that such home occupations are compatible with, and do not have a deleterious effect on adjacent and nearby residential properties and uses; D. To ansure that public and private services such as streets, sewers, water or utility systems are not burdened by the home occupation to the extent that usage exceeds that normally associated with residential use; E. To allow residents of the community to use their residences as places to enhance or fulfill personal economic goals, under certain specified standards, conditions and criteria; F. To enable the fair and consistent enforcsrnent of these home occupation regulations; G. To promote and protect the public health, safety and general welfare; and H. No home occupation, except as otherwise provided herein, may be initiated, established, or maintained in the City except in conformance with the regulations and performance standards set forth in this Section. (b) PER-FORMANCE STANDARDS. Home occupations are authorized if they comply with the following performance standards in Table 707-1. A check mark "/ " indicates that the performance standard applies in the applicable district. (c) IIOME OCCUPATIONS PERMITTED. A home occupation shall be operated and maintained to not interfere with the peace, quiet and digrrity of the neighborhood. The following are examples of uses which would be acceptable as home occupations: low volume office (insurance, realty), one-chair beauty shop, seamstress, instruction (as limited in paragraph 8 ofTable 707-1) word processing and other computer applications. (d) IIOME OCCUPATIONS NOT PERMITTED. The following types of uses sha1l not be permitted as home occupations in residential zoning districts: medical/dental office, motor vehicle repair or similar uses, temporary or permanent motor vehicle display for purposes of sale or lease, restoration or conversion, engine repair, fumiture refinishing, gymnastic facilities, studios or outdoor recreation activities, medical/cosmetic facilities for animals including animal care or boarding facilities, machine shop/metal working, retail sales, commercial food preparation and catering, contractors shops, mortuaries, medical procedures, body piercing and/or painting, tattoos, or any type of physical or psycho therapy. Page 1 (e) HOME OCCUPATIONS EXEMPT FROM PERMIT REQUIREMENT. A1l home occupations listed below shall be subj ect to all applicable home occupation regulations and standards of this Section, but shall not be required to obtain a home occupation permit as provided by Subsection (g) of this Section, provided that all persons engaged in such activities reside on the prernises and the following conditions are satisfied: (1) Artists, sculptors, composers not selling their artistic product to the public on the premises; (2) Craft work, such as jewelry-making and pottery with no sales permitted on the premises; Q) B4y care (family day home) 1- 4 children (0 UNSAFE IIOME OCCUPATIONS. If any home occupation has become dangerous or unsafe, or presents a safety hazard to the public, pedestrians on public sidewalks or motorists on public right-of-way, or presents a safety hazard to adjacent or nearby properties, residents or businesses, the Administrator shall issue an order to the dwelling owner and/or tenant on the property on which the home occupation is being undertaken directing that the home occupation be immediately made safe or be terminated. The property owner and./or tenant shall be responsible for taking the necessary corrective steps or measures, but in the event of a failure to do so by the owner and/or tenant, after notice and a reasonable period of time, the Administrator may take any and all available enforcernent actions to render the home occupation and dwelling safe. Costs incuned by the Admirfstrator, if forced to take enforcement actions, shall be bome by the property owner and shall be treated as a zoning violation pwsuant to Section 31-310 of this Ordinance. (g) IIOME OCCUPATION PERMIT. No home occupation shall be established unless and until a home occupation permit is issued pursuant to Section 31-302(d) of this Ordinance. A home occupation permit shall lapse automatically if the property is used for non-residential puposes, if the dwelling is sold or rented, if the home occupation operator dies, if the home occupation permit lapses or is not renewed, or if the home occupation is discontilued for a period of one hundred eighty (180) days or more and is not renewed within 30 days of written notice from the Administrator. Page 2  TABLE 707-1: HOME OCCUPATION PERFORMANCE STANDARDS BY ZONING DISTRICT Performance Standards A RR/KE RL RLM/ CBD/ RC RU 8a RM VC 12 Conform with applicable State ,/ and local statutes, Ordinances and regulations and is reviewed by Administrator. Full-time resident operator ,/ Obtain permits before operating ,/ home occupation I I No more than one non-resident anployee shall be permitted. Areas devoted to home occupation use shall maintain a residential appeamnce. Not more than 6 customers or ./ clients/day allowed to visit home occupation. Customer hours shall be between the 7:00 a.m. and 8:00 p.m. Not more than 250lo gross floor ,/ area for home occupation Music,' u art, craft or similar ,/ ,/ lessons: 5 or fewer clients per day I+omeday+are:-5€r{elxer { + I I I €+i€n+s Demonsffate that public facilities and utilities are adequate to safely accommodate equipment used for home occupation Storage of goods and materials ,/ shall be inside and shall not include fl ammable, combustible or explosive materials Parking shall be provided only in ,/ driveway and shall not ffeate I hazards or street congestion Outside storage of heavy ,/ equipment or material shall be prohibited. No truck or van with a payload rating of more than 1% ton shall be parked on tlle site. Mechanized equipment shall be ,/ used only in a completely enclosed building I No generation of dust, odors, ,/ noise, vibration or electrical interference or fluctuation shall be that is perceptible beyond the property line. Deliveries and pickups shall be ./ those normally associated with residential services and shall: a. Not block traffic circulation b. Occur only between 8:00 a.m. and 8:00 p.m. Monday- Saturday Nore.' For home occupations one sign not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the residence is permitted.  APPENDIX *A' _ DEFINITIONS BUILDABLE AREA: The portion of a 1ot which is within the envelope formed by the required yards, excluding easements for sheets or utilities arrd critical areas. See "Yard, Required. " BUILDING: A combination of any materials, whether portable or fixed, having a roof to form a structure for the use or occupancy by persons, or property. ;Ie+€v€r,{am+uildings-n€++sed-f,ar . Farm builditres not used for residential pumoses shall not be exempt fiom any required zoning setbalt or yard provisions of this Ordinance. but-sluch buildings lying within a flood plain or in a mudslide-prone area shall be subject to flood proofing regulations or mudslide regulations, as applicable. The word "building" shall be construed as though followed by the words "or part or parts thereof' unless tlre context clearly requires a different meaning. For application ofthis Ordinance, each portion of a building which is complying with the Uniform Statewide Buiiding Code shall be considered as a separate building. (Source: Uniform Statewide Building Code) BUILDING, COMMUNITY: A public building desigrred or used for community activities of an educational, recreational or public service nature. GLOBAL POSITIONING SYSTEM: A satellite-based radio navigation system developed and operated by the U.S. Departrnent of Defense (DOD). GPS permits land, sea, and airbome users to determine their three-dimensional position, velocity, and time. GPS consists of three segments: space, control, and user. The space segment, consists of operational satellites in circular orbits above the earth. The satellites are spaced in orbit so that at any time a minimum number of satellites will be in view to users any',vhere in the world. The satellites continuously broadcast position and time data to users throughout the world. The control segment consists ofa master control station with monitor stations and ground antennas located throughout the world. The monitor stations track all GPS satellites in view and collect ranging information from the satellite broadcasts. The monitor stations send the information they collect from each of the satellites back to the master control station, which computes satellite orbits. The information is then formatted into updated navigation messages for each satellite. The updated information is transmitted to each satellite via the ground antennas, which also transmit and receive satellite control and monitoring sigrals. The user segment consists of the receivers, processors, and antennas that allow land, sea, or airbome operators to receive the GPS satellite broadcasts and compute their precise position, velocity and time. GOLF, TENNIS, SWIM, +IFNESS CLUB: A club, including country clubs, that provides one or more of the following: indoor and/or outdoor golf, tennis, or swimming facilities, ir,tleer  and which may include a clubhouse with dining and banquet facilities; operated on a private membership basis and restricted to use by members and their guests. GOVERNING BODY: The City Council of the City of Suffolk HAZARDOUS WASTE LANDFILL: A waste disposal facility or part of a facility where waste is placed in or on land and which is not a treatment facility, a surface impoundment or an injection we1l. (Source: Virginia Administrative Code) HEALTH CLUB/PHYSICAL FITNESS : An establishment that provides facilities for exercise activities, such as, running, joggng, aerobics, weight lifting, court sports and swimming, and/or ensases lno fferins instruction in athletic activities to srouDs or individuals. such as. but not limited to. martlal arts , glrnnastics. cheering, crossfit trainine, and may include a+-qretl-as locker rooms, showers, massage rooms, saunas and related accessory USES HEALTH DEPARTMENT: The Commonwealth of Virginia Departrnent of Health or an authorized offi cial thereof. PHASED STIBDIVISION APPLICATION OR PHASED SITE PLAN APPLICATION: An application for subdivision or site plan approval in which the applicant proposes to immediately subdivide or develop the property but will develop in one or more individual phase(s) over a period of time. A phased subdivision application may include an application for approval of, or conversion to, horizontal or vertical condominiums, non-residential development projects, planned unit developments, mixed-use projects, and residential developments. A phased subdivision application or phased site plan appiication must be filed as part of an application for a specific plan or master preliminary plan. PHOTOGRAPITY STUD I O: Establishments primarilv ensased in providine still. video. or disital portrait Dhotosaohv services with or without on-site photo finishine PHYSICALLY DISABLED PERSON: An individual who has a physical impairment, including impaired sensory, manual or speaking abilities, that results in a functional limitation in gaining access to and using a building or facility. (Source: Uniform Statewide Building Code) TIDAL WETLANDS: Vegetated and nonvegetated wetlands as defined in Section 28.2-1300 of the Code of Virginia or its successor regulations. (Source: Virginia Administrative Code) TOBACCO STORE: EstabJishn'rents primarily enAaged in retailing cigarettes. ciqars, tobacco. pioes, and other smokers' supplies which may include on-site consumption oftobacco products. TOTAL PERMISSIBLE DWELLING UNITS OR SQUARE FOOTAGE: The total density or intensity of a project computed pursuant to Section 31-407 ofthis Ordinance. THIS PAGE WAS INTENTIONALLY LEFT BLANK  CITY OF SUFFOLK 442 W. WASHINGTON ST., POST OFFICE BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAx: (757) 514-4099 DEPARTMENT OF PI-4.NNING & COMMTNITY DE\TLOPMENT Division ofPlanning May 17,2016 Suffoik Planning Commission City of Suffolk, Virginia Dear Commissioners, The City Attomey's office will give a presentation on the General Assembly Legislative Impacts for the City of Suffolk. Should you have any questions pertaining to this matter prior to your meeting, please do not hesitate to contact me Sin Goumas, AICP lnterim Director of Plaming and Community Development BG/ccm THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF April 20, 2016 A. 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 Approved number of single family lots from 74 lots to 63 lots, and to reduce the cash proffer in order to w/proffers advance middle school and high school capacity commensurate with the requested decrease of the approved number of single family 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. B. 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 Approved zoning district to RU, Residential Urban zoning district, for property located at the 5616 w/proffers 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. C. 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 406-1: Approved 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK