Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR OCTOBER 17, 2017 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT DAVID HAINLEY, 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, OCTOBER 13, 2017. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION OCTOBER 17, 2017 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 A. Staff Report – Green Infrastructure Study B. Status Report – City Council Meeting, September 20, 2017 5. Commissioner’s Comments 6. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION September 19, 2017 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, September 19, 2017, 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 David Hainley, Dir. of Planning & Com. Dev. Kittrell Eberwine Nicole Ward, Current Planning Manager Johnnie Edwards Kevin Wyne, Principal Planner John Rector Andrew Reitelbach, Planner I Mills Staylor Amy Thurston, Planner I Anita Hicks Catina Myrick, Administrative Analyst James Vacalis The meeting was called to order by Chairman Benton and Commissioner Vacalis opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. PRELIMINARY SUBDIVISION PLAT: PRELIMINARY SUBDIVISION PLAT PS01-17, Village Pointe Subdivision, submitted by Robert Mullins of ATM, LLC and Village Pointe, LLC, applicant(s), and 1 property owner(s), in accordance with Section(s) 31-308 and 31-508 of the Unified Development Ordinance, to approve a Preliminary Subdivision Plat to create one- hundred fourteen (114) residential parcels and associated rights-of-way, on properties located at 6635, 6645, 6647 Everets Road and 5399 Godwin Boulevard Zoning Map 9B, Parcel(s) B11, B11A, B10A, B22, and B29. The affected areas are further identified as being located in Chuckatuck Voting Borough, zoned VC, Village Center zoning district. The 2035 Comprehensive Plan designates this area as a part of the Rural Conservation Use District. The first item of business was introduced by the Chairman followed by a staff report by Nicole Ward, Current Planning Manager. Ms. Ward stated that this request is to create 114 residential parcels. The proposed subdivision, which is allowed by-right, will be constructed as a conventional subdivision. As a part of this request, the applicant submitted a concept plan which provided the general layout for this proposed subdivision. The subject property is approximately 26 acres and is located within the Village Center, which allows 8 dwelling units per acre. This zoning district also requires a minimum lot size of 5,000 square feet and a maximum front setback of 30 feet. The subdivision will also provide an approximately 19,000 sq. ft. park area; however, the Village Center zoning district does not require a minimum area of open- space. City water is available to the site by means of a 12” water main on Everets Road or a 16” water main on Godwin Blvd. City sewer is currently not available; however, sanitary sewer service will be extended to the site. The preliminary plan currently showed a proposed pump station on the property. This property is located in 2 the Chesapeake Bay Preservation Area Overlay District with a Resource Management Area designation. As such, stormwater BMPs must be integrated into the subdivision. The submitted preliminary plan shows a BMP as the primary stormwater management device. Further design of the BMP will be reviewed by Public Works through the engineering plan review process. This subdivision proposes two access points off of Everets Road, along with frontage improvements. One entrance will be a full entrance and exit, which will include a right and left turn lanes from Everets Road into the development. The other proposed access point will provide for right in/right out only, and will include a right-turn lane from Everets Road into the development. Based on the guidance provided by the UDO and the analysis and findings-of-fact set forth in the staff report, staff recommended approval of this application with the conditions noted in the staff report. Speaking in favor of this application was Brian Mullins, 4953 Exeter Drive, Suffolk, VA. Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Rector and passed by a voice vote of 8 to 0. FAMILY TRANSFER PLAT: FAMILY TRANSFER SUBDIVISION PLAT FT02-17, submitted by Whitney G. Saunders, agent, on behalf of Steven E. and Shannon T. Brinkley, applicant(s) and property owner(s), requesting a family transfer subdivision pursuant to Section 31-514 3 of the Unified Development Ordinance. The affected property is identified as Zoning Map 66, Parcel 6A*B, 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. The next item of business was introduced by the Chairman followed by a staff report by Andrew Reitelbach, Planner I. Mr. Reitelbach stated that the purpose of this subdivision is to gift this parcel from Steven and Shannon Brinkley to their natural defined daughter, Brittney Brinkley Hatley. A plat and deed of gift have been provided with a restrictive covenant that prohibits the transfer of the property within ten (10) years of its receipt by the Grantee. A letter from the Health Department approving the well and septic system has been provided. The Grantor and Grantee have acknowledged by the sworn affidavit that: 1) The purpose of this subdivision is to gift this parcel from Steven and Shannon Brinkley to their natural defined daughter, Brittney Brinkley Hatley, who is over the age of 18 and has not previously received a parcel of land under the family transfer ordinance; 2) The recipient has acknowledged that title to the property must be held for 10 years from the date of receipt, other than to jointly hold title with her spouse, and that the family transfer parcel may not be sold, subdivided, or otherwise conveyed during that 10 year holding period; 3) And that this parcel was created to provide a place of residence for the Grantee separate from the Grantors in order to keep the property in the immediate family. In the event the 4 Director determines that a family subdivision has been used to circumvent the Subdivision Ordinance, the Director shall initiate the vacation of all or part of the plat of the original lot or parcel to the extent necessary to correct the violation. With these findings, staff found that the applicants’ request meets the criteria for a family transfer subdivision and recommended approval of this application. Speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. Commissioner Staylor made a motion to approve this application, seconded by Commissioner Hicks and passed by a voice vote of 8 to 0. PUBLIC HEARINGS: CONDITIONAL USE PERMIT REQUEST, C24-14, Village Christian Fellowship, submitted by Frank Rawls, agent, on behalf of Village Christian Fellowship, applicant and property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a place of worship, small, on property located at 2941 Bridge Road, Zoning Map 12, Parcel(s) 12D and 12H. The affected areas are further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, 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 the applicant proposed to construct an approximately 12,500 square foot place of worship that will include an approximately 4,988 square foot sanctuary and will seat 300 5 occupants. The applicant also proposed 146 parking spaces. There is no plan to provide a day care or other accessory uses at this property, and no accessory uses are a part of this request. In regard to Public Facilities, the Department of Public Utilities noted that City water and sewer will be provided from Bennetts Pasture Road. An 8” water main, an 8” gravity sewer main and a 12” sewer force main are available to serve the site. The applicant will be required to provide a right turn lane on Bridge Road to serve the site entrance, along with frontage improvements. There will be no access from Bennetts Pasture Road. All public improvements will be designed and constructed in accordance with the City Code and the UDO. Based on the guidance provided by the UDO and the analysis and findings-of-fact set forth in the staff report, 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 Pastor Bill Powell, 3013 Bridge Road, Suffolk, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Eberwine expressed his concerns about the traffic in the area. After discussion by the Commission, Commissioner Rector made a motion to approve this application with the conditions, seconded by Commissioner Vacalis and passed by a recorded vote of 7 to 1. 6 CONDITIONAL USE PERMIT REQUEST, CUP2017-001, Sylvan Learning Center: submitted by Kim Teixeira, applicant(s), on behalf of Bennetts Creek Crossing, 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 school, business or trade, for property located at 3575 Bridge Road, Zoning Map 12, Parcel (s) 55*1. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as 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 Andrew Reitelbach, Planner I. Mr. Reitelbach stated that the applicant proposed to open an academic education and tutoring operation. This property is a previously approved shopping center, with adequate public facilities and parking. No external improvements are planned. As part of an existing shopping center, the property is currently on both public water and public sewer. The Department of Public Utilities has reviewed this application and has no objections to the proposed use. The existing shopping center has sufficient parking to satisfy the requirements for this proposed use. Public Works, Engineering and Traffic have reviewed this application and have no objections to this proposal, as it is in a previously approved shopping center and no land disturbance is proposed. The applicants will be required to address any issues regarding occupancy of the building pertaining to the Building Code with the Division of Community Development. As required by the UDO, there are a set of 7 standards that must be complied with when considering approval of a conditional use permit. Staff reviewed the criteria for this proposed project and this request will conform to the required criteria as described in the staff report. Therefore, it was staff’s opinion that the site in question is appropriate for the proposed use of an academic education and tutoring facility, which is similar to and compatible with other uses in the nearby area, and the proposed use should not have an adverse impact on the surrounding neighborhood. Thus, 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 Kim Teixeira, applicant. There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OTA2017-001; initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures, Subsection (b) Accessory Uses Permitted in Conjunction with Residential Uses, for the purpose of establishing supplemental standards pertaining to family day homes that serve between five (5) and twelve (12) children. 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. The next item of business was introduced by the Chairman followed by a staff report 8 presented by Amy Thurston, Planner I. Ms. Thurston stated that this ordinance text amendment is to establish supplemental standards pertaining to family day homes that will serve between 5 and 12 children. After staff analysis and consideration by the Committee on Ordinances, the following supplemental regulations are recommended to be inserted under Article 7, Section 31-701, Accessory Uses and Structures, (b) Accessory Uses Permitted in Conjunction with Residential Uses, as Subsection 18: 1) Staff recommend that Family Day Homes serving 5-12 children shall be located in a single-family detached structure; 2) The hours of operation shall be limited to 6:00 a.m. - 8:00 p.m.; 3) The Day Home shall comply with the American Academy of Pediatrics and the American Public Health Association recommendation to provide thirty-five (35) square feet of indoor space per child free of furniture, or fifty (50) square feet of space if furniture and equipment are included, which is stated in the State Board of Social Services Guidelines; 4) A fenced play area of 1,000 square feet shall be required. Outdoor play shall be conducted within the fenced area and is limited to the hours of 8:00 a.m. - 6:00 p.m.; 5) Additional traffic shall not exceed 24 round trips per day, assuming 2 trips per child; 6) In addition to the required parking for the residence, a minimum of one parking space plus one parking space for each additional employee is required (on-site or on-street where provided by law). On-street parking shall be located no further than 200 feet from the property, which is consistent with the 9 parking requirements for the CBD, Central Business Zoning District in downtown; 7) The operator must acquire and maintain licensure from the VA Dept. of Social Services; 8) Suffolk Fire Marshal is authorized to conduct periodic inspections. Based on the considerations noted above, staff recommended approval of this ordinance text amendment. 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 this ordinance text amendment, seconded by Commissioner Vacalis and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OTA2017-002, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-702, Animal Regulations and Agricultural Production Operations and Facilities, and Appendix A, Definitions, for the purpose of improving clarity related to the calculation of equivalent animal units. 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. The next item of business was introduced by the Chairman followed by a staff report presented by Kevin Wyne, Principal Planner. Mr. Wyne stated that the proposed ordinance text amendment is to improve clarity and consistency related to the calculation of equivalent animal units. Within Section 31-702, language will be added to the definitions of Intensive livestock and Intensive poultry facility so that these 10 definitions include stabled animals and so that they allow for any combination of livestock or poultry to be kept, over the specified minimum to qualify as an intensive facility as defined. Additionally within this section, the existing equivalent animal units table has been amended to separate livestock equivalent animal units from poultry equivalent units. This is necessary as intensive livestock facilities are defined by allowing a minimum of 300 animals and intensive poultry facilities are defined by allowing a minimum of 200 animal units. The definition for Intensive Livestock or Intensive Dairy Facility will be amended to include stabled livestock as well as a note that any combination of livestock can be kept. The definition will also include the livestock table previously discussed. Additionally, the definition for Livestock Facility will be amended to include a table, in the form of the tables used in Section 31-702, to outline equivalent animal units for Livestock Facilities, which are defined as facilities where at least 150 equivalent animal units are kept. Based on the considerations, staff recommended approval of these proposed 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 this ordinance text amendment, seconded by Commissioner Vacalis and passed by a recorded vote of 8 to 0. APPOINTMENT OF FY 2019-2028 CIP SUBCOMMITTEE: 11 Commissioners Singleton and Staylor were appointed to serve on the Capital Improvements Plan Subcommittee. STATUS REPORT: Mr. Hainley reported on the results of the August 16th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 12  MT: Singleton MT: Staylor MT: Rector MT: Hicks PLANNING COMMISSION 2ND: Rector 2ND: Hicks 2ND: Vacalis 2ND: Eberwine MEETING TO: Approve TO: Approve TO: Approve TO: Approve September 19, 2017 w/conditions w/conditions w/conditions VOTE: 8-0 VOTE: 8-0 VOTE: 7-1 VOTE: 8-0 PS1-17 FT2-17 C24-14 CUP2017-001 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Eberwine, Kittrell 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 Singleton, Arthur X X X X X Staylor, Mills X X X X X Vacalis, James  MT: Singleton MT: Singleton MT: MT: PLANNING COMMISSION 2ND: Vacalis 2ND: Vacalis 2ND: 2ND: MEETING TO: Approve TO: Approve TO: TO: September 19, 2017 VOTE: 8-0 VOTE: 8-0 VOTE: VOTE: OTA2017-001 OTA2017-002 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X Benton, Howard C. X X X Eberwine, Kittrell X X X Edwards, Johnnie X X X Hicks, Anita X X X Rector, John Singleton, Arthur X X X X X X Staylor, Mills X X X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION The green infrastructure study, titled “Green Infrastructure in the Nansemond River Watershed,” is a technical report intended to map and evaluate natural resources within the Nansemond River Watershed. This study and report is the result of collaboration between the City of Suffolk’s Departments of Planning and Community Development, Parks and Recreation, GIS, and Public Works, along with the Isle of Wight County Planning Department, and our community partners that included Citizens for Green Space and Nansemond River Access, the Suffolk Partnership for a Healthy Community (Healthy Suffolk), and the Nansemond River Preservation Alliance. Technical assistance was provided by the Green Infrastructure Center, Inc. The key to making good decisions is information. To that end, this study provides data that identifies natural and cultural assets, developed and vacant land, and opportunities to enhance resource protection, connectivity, and recreational amenities for the larger community. Applications of this data may include areas such as stormwater management, parks and recreation facility development, and refinement of development regulations, among others. The completed study report includes four goals developed as a result of public engagement, advisory committee meetings, and assistance from the Green Infrastructure Center. The goals aim to protect and connect habitats, improve and protect water quality, expand parks and trails, and promote and protect the city’s rich heritage and culture. Under each goal, objectives and example tasks were developed to reinforce the study’s overall vision statement: Suffolk will support a culture that is equally concerned with the natural and the built environment. Suffolk will become a destination for outdoor recreation, with access to the Nansemond River and support and protection for its diverse culture. This study and the data it produced will help guide future planning initiatives, responsible resource management within the Nansemond River watershed, and smart integration of green infrastructure considerations into a variety of other plans and practices. This staff report is presented for informational purposes; no action is required by the Planning Commission. THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF September 20, 2017 A. CONDITIONAL USE PERMIT REQUEST, C14-16, The Preserve at Lake Meade: submitted by Stephen M. Blevins of Blakeway Corporation, agent(s), on the behalf of Gilbert Wirth of Wirth Development, applicant(s), on behalf of HG Pitchkettle Land, LLC, property owner(s), in accordance with Section(s) 31-306, 31-406 and 31-409 of the Unified Approved Development Ordinance, to grant a Conditional Use Permit to develop a residential cluster w/conditions subdivision with a bonus density, on properties located to the north of Pitchkettle Road, portion of Zoning Map 34, Parcel(s) 6 and Zoning Map 25, Parcel(s) 69 and 69A. The affected area(s) are further identified as being located in the Holy Neck Voting Borough, zoned RR, Rural Residential zoning district. The 2035 Comprehensive Plan designates these areas as part of the Central Growth Area, Inner-Ring Suburban Use District. B. CONDITIONAL USE PERMIT REQUEST, C11-17, Metropolitan Funeral Home: submitted by Hollis D. Ellis, PE of CAE, Inc., on behalf of Kenneth C. Alexander, applicant(s), and property owner(s), in accordance with Section(s) 31-306 and 31-406 of the Approved Unified Development Ordinance, to grant a Conditional Use Permit to establish a Funeral w/conditions Home, for property located at 268 Holladay Street, Zoning Map 34G19(A), Parcel (s) 49 and 49A. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. C. City of Suffolk Comprehensive Plan Amendment, CPA01-17, submitted by the City of Suffolk Department of Planning and Community Development on behalf of the City of Approved Suffolk Planning Commission. Consideration shall be given to the recommendation for and adoption of the Suffolk Bicycle and Pedestrian Master Plan, a component of the 2035 Comprehensive Plan, as submitted by the Department of Planning and Community Development.