Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR MARCH 20, 2018 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, MARCH 16, 2018. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION March 20, 2018 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Special Presentation – Resolution of Appreciation to former Commissioner James. G. Vacalis 4. Public Hearings: A. REZONING REQUEST, RZC2017-007, (Conditional), Bridgeway Commerce Park Parcel 4: submitted by Edward Miller, P.E., Kimley-Horn, agent, on behalf of Harbourview Partners, applicant and property owner, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office-Institutional zoning district, to B-2 General Commercial zoning district and RU-24, Residential Urban-24 zoning district, for property located at the north-east corner of Harbour View Boulevard and Hampton Roads Parkway, Zoning Map 6, Parcel 3. The affected area is further identified as being located in the Nansemond Voting Borough, zoned O-I, Office-Institutional zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2017-008, Bridgeway Commerce Park Parcel 4: submitted by Edward Miller, P.E., Kimley-Horn, agent, on behalf of Harbourview Partners, applicant and property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Mini- Warehouse, on property located at the north-east corner of Harbour View Boulevard and Hampton Roads Parkway, Zoning Map 6, Parcel 3. The affected area is further identified as being located in the Nansemond Voting Borough, zoned O-I, Office-Institutional zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. Page 1 5. Old Business A. REZONING REQUEST, RZC2017-005, (Conditional), Nansemond Reserve: submitted by William Davenport, Davenport Land II, LLC, applicant, on behalf of Bank of America, NA, Trustee of Louis B. Ziv Estate, and Hook Law Center, P.C., Successor Trustee of Mary L. Ziv, property owners, in accordance with Sections 31-304 and 31-305 of the Unified Development 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 RLM, Residential Low Medium Density zoning district, for property located at 4316 Sleepy Hole Road, Zoning Map 19, Parcel 4A. 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 part of the Northern Growth Area, Suburban Use District. 6. New Business A. Status Report – City Council Meeting, February 21, 2018 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION February 20, 2018 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, February 20, 2018, 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. Oliver Creekmore Robert P. Goumas, Assistant Dir. of Planning Johnnie Edwards Claire Jones, Comp. Planning Manager John Rector Nicole Ward, Current Planning Manager Mills Staylor David Parks, Principal Planner Anita Hicks Michael Reitelbach, Planner I Amy Thurston, Planner I Catina Myrick, Administrative Analyst The meeting was called to order by Chairman Benton and Commissioner Rector 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. 1 PUBLIC HEARINGS: REZONING REQUEST, RZ15-16, (Conditional), The Pointe at Harbour View: submitted by David Gianascoli of Gee’s Partners, LLC, agent(s), on the behalf of the Economic Development Authority of the City of Suffolk, applicant(s) and property owner(s), to rezone and amend the official zoning map of the City of Suffolk to change the zoning from CP, Commerce Park zoning district, to MUD, Mixed Use Development zoning district, for property located at 6500 College Drive, Zoning Map 6, Parcel(s) 35. The affected area is further identified as being located in the Nansemond Voting Borough, zoned CP, Commerce Park zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core District. The first item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that the reason for this rezoning request is based on the belief that the CP zoning designation is narrow in its focus and no longer aligns with the types of office environments that are deemed attractive by businesses and their employees. Further, the applicant stated their intention in seeking the change in zoning to MUD as an effort to provide greater flexibility for future commercial development and job creation opportunities. The provided conceptual plan, while not proffered, depicts three (3) development areas which are envisioned to yield 400 multi-family units, 100 single-family attached townhome units, 300,000 square feet of retail/service space, 100,000 square feet of office space and a hotel with approximately 76,000 square feet. While the conceptual plan is not proffered, the maximum residential unit total and mix of commercial uses is proffered. City water 2 and sewer are available to the site and based upon the information contained in the Public Facilities Report, Public Utilities has no concerns in regard to the Rezoning Request at this time. The subject property is located within a Chesapeake Bay Preservation Area and is designated Resource Management Area, which is subject to the applicable provisions of the stormwater management regulations. The proposed development will generate 18,140 trips per day along the corridor. The site will have three points of ingress/egress, two all access points on Armstead Road and one right-in, right-out at College Drive. A right-in, right-out is necessary off of College Drive due to the close proximity of the Harbour View Boulevard/Armstead Road intersection and the presence of the on and off ramps from College Drive to I-664. A traffic signal warrant analysis was conducted and revealed that no traffic signal is warranted at any of the site’s access points. It was noted that mixed use developments do not generate students at a rate comparable to conventional development patterns and mixed use developments have the potential to achieve reduced student generation rates. The project is currently zoned for Northern Shores Elementary School, John Yeates Middle School, and Nansemond River High School. At the time of this project’s evaluation, and when considering committed development, deficits were noted at all schools levels. The cost to advance capacity at the each school level was provided to the applicant in accordance with UDO level of service requirements based upon the 3 construction cost of the new Florence Bowser Elementary School, Colonel Fred Cherry Middle and the projected cost of a new high school as identified in the adopted 2018- 2027 Capital Improvements Plan. Utilizing the flexibility available to applicants of the MUD overlay district, the developer researched six (6) developments throughout the region, two (2) of which are in the City of Suffolk, to determine a baseline for student generation for this unique style of development. The researched developments offer a product that is projected to be similar to the products constructed at The Point at Harbour View. The provided examples show developments that yield students at rates much lower than traditional suburban single-family and multi-family development. Specifically, across all school levels, the developer anticipates the proposal generating eleven (11) elementary students, nine (9) middle school students, and three (3) high school students. The developer has proffered the advancement of capacity for the anticipated number of students generated by this proposal. This conditional rezoning request is consistent with the policies of the 2035 Comprehensive Plan which encourages mixed use developments in the Mixed Use Core District that create additional connectivity and walkability to the existing communities surrounding the subject property. This request is compatible with the surrounding uses contained in the surrounding neighborhood, increases transportation options within a vital corridor and improves the overall safety of motorists and pedestrians alike. The submitted proffers 4 advance capacity to ensure that there will be no reduction in existing levels of service. Therefore, staff recommended approval of this application with the submitted proffers. In reference to the proffer statements for this application and the next one for Bennett’s Creek Quarter, Karla Carter, Assistant City Attorney, gave a briefing as it relates to the use of proffers as what is now accepted pursuant to the Code of Virginia. She advised that we do not accept proffers that include the waiver language because it is inconsistent with the State Code. The City Attorney’s office recommendation is for the applicant to come back in the future and request a proffer amendment to remove a condition that is offered and accepted now in support of the applicant’s request. David Gianascoli, applicant, offered to delete the last sentence pertaining to the language associated with the waiver in Item #4 and #5 of the proffers statement. The public hearing was opened and speaking in favor of this application was Kevin Hughes, Director of Economic Development. Also, speaking in favor of this application was David Gianascoli, Gee’s Group. He advised that this will be a great development for the City of Suffolk. He also reiterated his offer to have the last sentence deleted in Item #4 and #5 of the proffer statement. He asked for the Commission’s approval of this request. There being no speakers in opposition, the public hearing was closed. 5 After discussion by the Commission, Commissioner Singleton made a motion to approve this application with the revised proffers which deleted the last sentence in Item #4 and #5 of the proffer statement, seconded by Commissioner Hicks and passed by a recorded vote of 6 to 1. REZONING REQUEST, RZC2017-002, (Conditional), Bennett’s Creek Quarter: submitted by Melissa Venable, Land Planning Solutions, on behalf of John Napolitano, Bennetts Creek Quarter, LLC, applicant and property owner, in accordance with Section(s) 31-304 and 31-305 of the Unified Development 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, for property located at 3347 Bridge Road, Zoning Map 12, Parcel(s) 32. 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 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 by Kevin Wyne, Principal Planner. Mr. Wyne stated that the applicant requested a change in zoning from RR, Rural Residential zoning district, to RU, Residential Urban zoning district. The subject property contains a total of approximately 105.37 acres, which is proposed for a mix of residential uses, to include single family detached dwellings, single family attached dwellings, quadraplexes, and ten-plexes, which will result in 417 units total as proposed. Under its current zoning designation, the property could yield approximately 68 units on the 68.2 acres of developable area, as 37 acres of the site contain critical areas that are not suitable for development. The current zoning 6 designation allows for a density of one (1) dwelling unit per acre. The requested RU, Residential Urban zoning district would allow for a density of up to 10.9 units per acre. The applicant indicated that the reason for this rezoning request is based on the belief that the present RR, Rural Residential district zoning of the property is in conflict with the goals and objectives of the property’s Inner Ring Suburban designation as established within the 2035 Comprehensive Plan. The Inner Ring Suburban district suggests a residential density of between six (6) and twelve (12) units per acre. Although not proffered, the development as proposed would result in a density of 6.1 units per acre, placing it within the suggested range for the Inner Ring Suburban Use District. The provided conceptual plan, while not proffered, depicts 85 single-family lots, 142 townhome units, 80 quadraplex units, and 110 ten-plex units. Two 8” water mains and an 8” sanitary sewer are available for connection to serve this site. The traffic impact study showed that the proposed 417 unit residential development will result in an increase in traffic volume of 2,738 trips per day along the corridor. The proposed conceptual plan, which is not proffered, shows a primary point of access on Shoulders Hill Road. Aside from the Shoulders Hill Road/Bridge Road intersection, all the studied intersections maintain an acceptable level of service. The Shoulders Hill Road/Bridge Road intersection has received funding for improvements beginning in 2022. The developer voluntarily proffered to only construct the 68 single family 7 detached dwelling units that are allowed by-right, or the equivalent 111 condominium units, prior to the installation of the City’s improvements to the Shoulders Hill/Bridge Road intersection. The parcel proposed for development is currently assigned to Northern Shores Elementary School, John Yeates Middle School, and Nansemond River High School. Under the current RR zoning, approximately 68 single family dwellings would be permitted, which would, in accordance of the UDO, generate 35 students. Of those 35 students, 14 would be elementary school students, 8 would be middle school students, and 13 would be high school students. Subtracting the number of students this development would be allowed by-right, the proposed use would generate 168 additional students; 91 at the elementary school level, 37 at the middle school level, and 40 at the high school level. A new elementary school and middle school are scheduled to open in the fall of 2018 to provide additional capacity to the northern portion of the City; however, the future shifts in school attendance zones and associated shifts in capacity are unknown at this time. The applicant voluntarily proffered $28,679.65 for each additional high school student generated by the proposed development. Additionally, the applicant proffered the evaluation of elementary and middle school capacity prior to approval of the 69th unit, to confirm adequate capacity is available at those levels. If capacity is not available, the developer will make a cash contribution of $16,494.95 for the advancement of elementary school 8 capacity and a cash contribution of $31,945.06 for the advancement of middle school capacity per student generated at these levels, based on the approved development plan in excess of the 68 units permitted by-right. In summary, staff found that the proposal is consistent with the provisions of the 2035 Comprehensive Plan and the UDO, and that the proposed use will mitigate impacts to public facilities. This request is compatible with the surrounding uses contained in the surrounding neighborhood. Accordingly, staff recommended approval of this application. In response to the guidance provided by the Assistant City Attorney, John Napalitano, applicant, offered to delete the last sentence pertaining to the language associated with the waiver in Item #4 and #5 of the proffers statement. The public hearing was opened and speaking in favor of this application was John Napolitano, 1492 S. Independence Blvd., Virginia Beach, VA. He asked for the Commission’s support of this application. He also reiterated his offer to have the last sentence deleted in Item #4 and #5 of the proffer statement. Also, speaking in favor of this application was Melissa Venable, Land Planning Solutions, 5857 Harbourview Blvd., Suffolk, VA. Speaking in opposition was Charles Sledge, 3613 Deerfield Drive, Suffolk, VA – he does not believe Shoulders Hill Road can handle the additional traffic until the road is properly fixed. 9 Speaking in rebuttal was John Napolitano – he advised that they agree to build only the 68 units that are permitted by-right until the road improvements have been made. There being no more speakers, the public hearing was closed. Commissioner Staylor inquired about the anticipated timelines for improvements at Bridge Road and Shoulders Hill Road. Jason Souders, Assistant Traffic Engineer, gave an update on the improvements at Bridge Road and Shoulders Hill Road. After discussion by the Commission, Commissioner Rector made a motion to approve this application with the deletion of the last sentence of Item #4 and Item #5 of the proffer statement as revised by the applicant, seconded by Commissioner Creekmore and passed by a recorded vote of 7 to 0. REZONING REQUEST, RZC2017-005, (Conditional), Nansemond Reserve: submitted by William Davenport, Davenport Land II, LLC, applicant, on behalf of Bank of America, NA, Trustee of Louis B. Ziv Estate, and Hook Law Center, P.C., Successor Trustee of Mary L. Ziv, property owners, in accordance with Sections 31- 304 and 31-305 of the Unified Development 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 RLM, Residential Low Medium Density zoning district, for property located at 4316 Sleepy Hole Road, Zoning Map 19, Parcel 4A. 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 part of the Northern Growth Area, Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that this is a request to rezone 10 property from RR, Rural Residential, to the RLM, Residential Low Medium Density zoning district. The subject property contains 107.68 acres, approximately 67 acres of which is wetlands according to information provided by the applicant. As presented, approximately 40 acres of the subject property are available for development; however, this has not been verified. If a change in zoning is approved, the property is proposed to be developed as a cluster single family residential subdivision, which could yield up to 118 lots under the dimensional standards of the RLM zoning district, assuming the maximum amount of upland provided by the applicant. The RLM zoning district allows for up to 2.9 units per acre. As presented but not proffered by the applicant, the development would yield 104 single family lots. The provided conceptual plan, while not proffered, depicts 104 single family lots. As presented, the layout would conform to the Suburban Neighborhood Place Type, which includes curvilinear street patterns, larger irregular blocks, retention of natural features, and residential buildings of a single type. The applicant provided reports in support of this request, based on the assumption that 104 residential lots will be developed on the site; however, the number of lots was not proffered. Because insufficient information has not been provided to establish the amount of upland available on the subject parcel, the remainder of the assumptions in each report is subject to change. The applicant submitted a Public Facilities Report that addresses projected water and sanitary sewer demands for a 11 proposed 104 unit residential site. As previously stated, the maximum amount of development potential under this proposal would equate to 118 units. Based on the information provided by the applicant, the Department of Public Utilities has indicated adequate City water and sewer are available for this parcel along Sleepy Hole Road. The traffic impact analysis showed that the proposed development will result in an increase in traffic volume of 1,089 trips per day on the impacted roadways. The conceptual plan shows two (2) access points from Sleepy Hole Road, with the primary access located approximately 1,300 feet north of the intersection with Kings Highway. The traffic impact analysis acknowledges that turn lanes will be required at both entrances, based on the UDO, the functional classification of the roadway, the posted speed limit, and the size of the development. Installation of the lanes is not proffered. The traffic impact analysis included an evaluation of impacted intersections, which indicated that eastbound movements at the intersection of Sleepy Hole Road and Bennett’s Pasture Road currently operate below acceptable levels of service, and that this condition will be exacerbated if this development is built. Several mitigation measures were explored to alleviate congestion at this intersection, resulting in the conclusion that the installation of a traffic signal was the only method that resulted in an approved level of service scenario for the intersection if the proposed 104 units are built. The applicant voluntarily proffered to construct a traffic control system at this 12 intersection prior to issuance of any Certificate of Occupancy on the subject parcel. In addition, the applicant stated the amount they have reserved for installation of the signal and adds that any surplus amount shall be applied to the per lot cost proffered for school capacity. Because the impact and amount listed are not shown to be specifically attributable to this project and any overage cannot reasonably be shown to mitigate identified school impacts, this proffer does meet the reasonableness test under the Code of Virginia and cannot be accepted. Based on their review, Traffic Engineering has approved the evaluation and recommendations in the Traffic Impact Analysis. This application was submitted with a Fiscal Impact Analysis, but it did not include an evaluation of the public schools that would be impacted as a result of this request, as required by Section 31-601 of the UDO. No assigned schools were identified and no school capacity was analyzed. The applicant did provide student generation data based on the development of 104 single family lots, which is not proffered, and a credit for by right development of 39 lots; however, it is not possible to verify this impact with the provided information. Staff informed the applicant and his representatives of this requirement and the specified deficiencies in the provided data; however, no additional information was provided to address school capacity. As required by Section 31-601(e)(2), a proposed rezoning which could result in a range of potential impacts shall be reviewed as if the greatest impact would result. Under the 13 current RR zoning, approximately 27 single family dwellings would be permitted, assuming the most conservative estimate of available upland on site. If the maximum amount of impact is assumed, based on 40.94 acres of available upland shown on the survey provided by the applicant, then a total of 118 units could be built under the proposed RLM zoning. Because insufficient information was provided by the applicant to calculate the units that would be permitted by right or under the requested zoning district, it is not possible to provide an accurate analysis of the potential impact of this rezoning at this time. Any analysis of adequate public facilities must be performed based upon conditions at the time of the application. Although a new elementary school and middle school are scheduled to open in the fall of 2018 to provide additional capacity to the northern portion of the City, the future shifts in school attendance zones and associated shifts in capacity are unknown and cannot be evaluated at this time. The subject parcel is currently assigned to Driver Elementary School, John Yeates Middle School, and Nansemond River High School. Presently, Driver Elementary School has a surplus capacity large enough to reasonable accommodate this request. Therefore, no advancement of capacity is needed for the elementary school level at this time. Currently, both John Yeates Middle School and Nansemond River High School have deficit capacities, and advancement of capacity would be needed at both levels to achieve acceptable levels of service. Utilizing 14 available budget information for the construction of the new schools and the levels of service in the UDO, the cost to advance capacity is $34,373.02 per student for the middle school and $28,679.65 per student for the high school. The applicant voluntarily proffered $2,000 per lot “for the construction, maintenance, or operation of the Suffolk Public School System.” Because insufficient information has been provided to evaluate the impact of the proposed development on public school facilities, this is not a reasonable proffer as defined by the Code of Virginia and cannot be accepted. Impacts must be specifically attributable to a new residential development and address a need or an identifiable portion of need created by that development. The applicant voluntarily proffered four conditions in support of this rezoning request. Staff’s evaluation of this application indicated that these proffers contain provisions that do not comply with the Code of Virginia and cannot be accepted. Staff found that this proposal cannot be adequately evaluated for impacts to public facilities based on the information provided by the applicant and, therefore; does not comply with the UDO. As presented, this application does not mitigate impacts to the provision of adequate public facilities, specifically the middle and high schools serving this area. In addition, as discussed above, the proffers voluntarily included by the applicant and intended to address transportation and schools are not reasonable and do not comply with State Code. Accordingly, staff recommended denial of this application. 15 The public hearing was opened and speaking in favor of this application was Ben Davenport, 1604 West Hilltop Executive Center, Virginia Beach, VA. He advised that they did meet with surrounding communities. The main concern of the citizens was the dangerous intersection at Bennett’s Pasture Road and Sleepy Hole Road. He advised that they did proffer to build a signalized intersection that would address the concern of the community. He also advised that they made City staff aware that there was a typo on the wetlands delineation form. However, they will have it addressed by the time the application goes to City Council. Also, speaking in favor of this application was Brian Layne, Parrish Layne Design Group, Speaking in opposition was Jason Russell, 4325 Sleepy Hole Road, Suffolk, VA Also, speaking in opposition was Debra Gates, 108 River Breeze Road, Suffolk, VA – she had concerns about the traffic onto Shoulders Hill Road. She also advised that she did not believe this is compatible with the surrounding area. Speaking in rebuttal was Ben Davenport – he advised that they are going to make sure that the intersection at Bennett’s Pasture Road and Shoulders Hill Road become a safer intersection. Also, speaking in rebuttal was Brian Layne, Parrish Layne Design Group. There being no more speakers, the public hearing was closed. 16 After discussion by the Commission, Commissioner Rector made a motion to table this application for thirty days in order for the applicant to meet with City staff, seconded by Commissioner Hicks and passed by a recorded vote of 6 to 1. REZONING REQUEST, RZN2018-001, Asphalt Paving Company: submitted by Frank M. Rawls, Ferguson, Rawls & Raines, P.C., agent, on behalf of Robert L. Chavis, Jr. applicant, and Frances Dashiell Slough et al., property owner, in accordance with Section 31-304 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to M-2, Heavy Industrial zoning district, for property located at 1436 Holland Road, Zoning Map 33, Parcel 27A. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner. Ms. Thurston stated that this application is for the purpose of allowing a contractor/trade shop with indoor operations and outdoor storage of trucks and heaving paving equipment. While not proffered, the outdoor storage would include dump trucks, applicators, rollers, sweepers, and trailers, among other equipment. The applicant plans to store this equipment within buildings; however, since the structures will have walls on only three (3) sides, it is considered outdoor storage. Accessory retail sales and office uses are also proposed. Retail sales would include safety equipment and supplies used by contractors, particularly those working for utilities and streets. No manufacturing of pavement is proposed to occur on site. In 17 accordance with the UDO, contractor shops with outdoor storage are not permitted in the existing B-2 zoning district. The requested change in zoning complies with the purpose statement and locational criteria of the M-2, Heavy Industrial zoning district stated in Sections 31-402 and 408 of the UDO. With regards to impacts on public facilities; all of the existing public facilities are adequate to support the proposed rezoning and proposed uses. The Department of Public Utilities has indicated that this property is adequately served by City water and private septic sewer. No new impervious surfaces are proposed at this time; therefore, no stormwater management is necessary. A Traffic Impact Assessment was waived for this project as it will create minimal traffic. While the site does not front on Holland Road, access is provided via a driveway that serves the subject property and the adjacent business to the east. The Department of Public Works, Traffic Engineering Division, has no concerns in regard to the proposed rezoning or points of egress/ingress to the site. The applicant has been advised that they are responsible for any improvements that may be necessary to access the property. After thorough evaluation, staff found that this rezoning request is consistent with the provisions of the 2035 Comprehensive Plan and the UDO. In addition, the proposed change in zoning from the B-2, General Commercial zoning district, to the M-2, Heavy Industrial zoning district, is compatible to the surrounding land uses. Accordingly, staff recommended approval of this application. 18 The public hearing was opened and speaking in favor of this application was Frank Rawls, 332 W. Constance Road. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. Commissioner Edwards made a motion to approve this application with the conditions, seconded by Commissioner Staylor and passed by a recorded vote of 7 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2017-009, God is Real Ministries: submitted by Wendell T. Green, WTG Design Architects LLC, agent, on behalf of Reverend Anita Lewis, applicant, and Wilton L. & Shirley B. Day, property owners, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a place of worship (small, under 6,000 square feet in main sanctuary), on property located at 125 Tynes Street, Zoning Map 34G25(A)6, Parcel 8. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned FRRD, Fairgrounds Revitalization and Redevelopment zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core 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 applicants proposed to establish a place of worship in the currently vacant building, in which will be held regular worship services and outreach to the surrounding community. A warming kitchen is currently proposed for this use. If there is a desire in the future to conduct food preparation activities at the site, approval from the Health Department will be 19 needed. City water and sewer are available to this property by means of a 1” water meter and sanitary sewer lateral. The existing infrastructure is sufficiently sized for the number of proposed water fixtures in this building. The Stormwater engineering and Traffic Engineering divisions of the Department of Public Works have both reviewed this request, and have no objections. There are eight existing parking spaces to the rear of this building. The applicant proposed 30 seats in this place of worship. The UDO requires 1 parking space per 4 seats for a religious assembly use. Thus, there are enough parking spaces currently available for the proposed number of seats. 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 and the Fire Department. As required by the UDO, there are a set of 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 a place of worship, 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 conditioned noted in the staff report. The public hearing was opened and speaking in favor of this application was Wendell 20 Green, 860 Greenbrier Circle, Chesapeake, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Edwards and passed by a recorded vote of 7 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2017-010, 1039, 1040 & 1041 Cathedral Drive: submitted by Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Bob Widener, Widener Corporation, applicant, and TJL Enterprises Inc., property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to amend the conditions to a previously approved Conditional Use Permit, for property located at 1039, 1041 & 1040 Cathedral Drive, Zoning Map 24B, Parcels 21, 22, and 23. The purpose of this request is to amend the approved conditions pertaining to the location and design standards to allow for the construction of front loading garages. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RL, Residential Low District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Rural Agriculture 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 applicant proposed to amend conditional use permit, C8-01, established as ordinance number 11-02 and approved on January 16, 2002, to allow the three subject parcels to have front-loading garages. This change, which applies to condition #6 in the original CUP, is the only amendment proposed to the conditional use permit. If this proposed amendment is approved, garages on these three lots could be front-loading; however, they would still 21 have to be de-emphasized in accordance with existing design requirements for single- family homes in cluster subdivisions. The proposed amendment will not change the existing approved land use for these three parcels. Single-family homes would still be built. The amendment is only to change the required orientation of the garages for the proposed single-family homes. When the conditional use permit was originally granted in 2002, cluster subdivisions required such a permit. Since that time, State code and the UDO have been changed to allow cluster subdivisions by right and design requirements for residential architectural features in such subdivisions. Thus, the Kings Greene subdivision is now a legally non-conforming use, and any changes to its CUP as originally granted require an amendment approved by the City Council. This property is served by City water and sewer. In accordance with Section 31- 411(e)(10)C(iii) of the UDO, the “garage fronts shall be de-emphasized and not be the most prominent architectural feature of the house.” Although the proposed amendment would allow the garages for these three lots to be front-facing instead of the currently required side-facing, they would still have to be de-emphasized. Only condition #6 of the original CUP is proposed to be changed. The other 12 conditions will remain the same. The applicant will be required to address any issues regarding occupancy of the single-family homes with the Division of Community Development. As required by the UDO, there are a set of standards that must be complied with when considering 22 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 applicant’s request to amend a previously approved conditional use permit should not have an adverse impact on the surrounding neighborhood. Thus, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. 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 Singleton and passed by a recorded vote of 7 to 0. STATUS REPORT: Mr. Hainley reported on the results of the February 7th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 23  MT: Singleton MT: Rector MT: Rector MT: Edwards PLANNING COMMISSION 2ND: Hicks 2ND: Creekmore 2ND: Hicks 2ND: Staylor MEETING TO: Approve TO: Approve TO: Table for thirty TO: Approve February 20, 2018 w/proffers with the w/proffers with the (30) days w/conditions deletion of the last deletion of the last sentence in Item #4 sentence in Item #4 and #5 and #5 VOTE: 6-1 VOTE: 7-0 VOTE: 6-1 VOTE: 7-0 RZ15-16 RZC2017-002 RZC2017-005 RZN2018-001 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Creekmore, Oliver 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 Staylor, Mills X X X X X  MT: Singleton MT: Hicks MT: MT: PLANNING COMMISSION 2ND: Edwards 2ND: Singleton 2ND: 2ND: MEETING TO: Approve TO: Approve TO: TO: February 20, 2018 w/conditions w/conditions VOTE: 7-0 VOTE: 7-0 VOTE: VOTE: CUP2017-009 CUP2017-010 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X Benton, Howard C. X X X Creekmore, Oliver X Eberwine, Kittrell X X X Edwards, Johnnie X X X Hicks, Anita X X X Rector, John X X X Singleton, Arthur Staylor, Mills X X X THIS PAGE WAS INTENTIONALLY LEFT BLANK  EXHIBIT D RZC2017-007 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF February 21, 2018 A. REZONING REQUEST, RZC2017-006, (Conditional), Kings Fork Village: submitted by Hahns L. Copeland of Copeland Development LLC, applicant, on behalf of Harmon Graham Properties LLC, property owner, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk in order to amend the approved proffered conditions, for Approved property located at 401 Kings Fork Road, Zoning Map 25, Parcel 18A. The purpose of w/proffers this request is to remove the previously approved age restriction, modify the amount of right of way dedicated to the City of Suffolk, and allow for the proposed conceptual plan to include 42 lots. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RU, Residential Urban zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. B. REZONING REQUEST, RZN2017-001, Crocker Funeral Home, submitted by Nathan Lahy of MSA, P.C., agent, on behalf of Clarence Ash III, applicant, and Crocker Funeral Home, Inc., property owner in accordance with Section 31-304 of the Unified Development Ordinance, to request a change in zoning from RM, Residential Medium Density zoning Approved district, to B-1, Neighborhood Commercial zoning district. The affected area is located at 108 N. Division Street, and is further identified as Zoning Map 35F, Parcel LA*22B, Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support use district. C. CONDITIONAL USE PERMIT REQUEST, CUP2017-007, Crocker Funeral Home, submitted by Nathan Lahy of MSA, P.C., agent, on behalf of Clarence Ash III, applicant, on behalf of Crocker Funeral Home, Inc., property owner, in accordance with Section(s) 31-306 Approved and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to w/conditions expand an existing funeral home on property located at 900 East Washington Street and 108 North Division Street, Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D. The property is further identified as being located in the Suffolk Voting Borough, zoned B-1, Neighborhood Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support use district.