Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR MAY 15, 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, MAY 11, 2018. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION May 15, 2018 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Family Transfer Subdivision: A. FAMILY TRANSFER SUBDIVISION PLAT FTR2018-00004, submitted by Whitney G. Saunders, of Saunders and Ojeda, P.C., agent, on behalf of Raiford E. and Rhonda J. Baker, applicant(s) and property owner(s), requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 52, Parcel 38, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The 2035 Comprehensive Plan designates this property as being located within the Rural Agricultural Use District. 4. Public Hearings: A. REZONING REQUEST, RZN2018-003, (Conditional), Harbour View - Bridgeway Commerce Park, Parcel 4: submitted by Edward Miller, P.E., Kimley-Horn, agent, on behalf of Ronald B. Ferrin, Harbour View 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 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, CUP2018-002, Unity Brothers Lodge, Inc.: submitted by James Johnson, applicant, on behalf of Big Bear, LLC, 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 public assembly and membership club with live entertainment, on property located at 1226 White Marsh Road, Zoning Map 35, Parcel 168D. The affected area is further identified as being located in the Cypress Voting Borough, zoned Page 1  B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. C. ORDINANCE TEXT AMENDMENT OTA2018-002, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements. 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 provide improved clarification. D. CITY OF SUFFOLK COMPREHENSIVE PLAN AMENDMENT, submitted by the City of Suffolk Department of Planning and Community Development on behalf of the City of Suffolk Planning Commission. Consideration shall be given to the recommendation to adopt the Suffolk Downtown Master Plan, a component of the 2035 Comprehensive Plan. 5. Old Business A. Statutory Construction OTA2018-001 – Assistant City Attorney, Karla D. Carter 6. New Business A. Status Report – City Council Meeting, April 18, 2018 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION April 17, 2018 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, April 17, 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 John Rector Nicole Ward, Current Planning Manager Mills Staylor Amy Thurston, Planner I Anita Hicks Catina Myrick, Administrative Analyst Kittrell Eberwine The meeting was called to order by Chairman Benton and Commissioner Hicks 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. PUBLIC HEARINGS: ORDINANCE TEXT AMENDMENT, OTA2018-001, initiated by the Suffolk Planning Commission in accordance with Section 31-304 of the Unified Development Ordinance, to amend the Code of the City of Suffolk, Chapter 31, Unified 1 Development Ordinance, Article 6, Design and Improvement Standards, Section 31- 601, Adequate Public Facilities; 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 circumstance. The first item of business was introduced by the Chairman followed by a staff report by Robert Goumas, Assistant Director of Planning. Mr. Goumas gave a presentation on the proposed changes to Section 31-601, Design and Improvement Standards and Appendix A, Definitions. The purpose of this ordinance text amendment is: 1) to ensure that public facilities needed to support new development meet or exceed the established level of service standards; 2) to ensure no new development is approved which would cause a reduction in the level of service below the established level of service and 3) to establish uniform procedures for the review and development applications subject to the standards and requirements of the Section 31-601, Adequate Public Facilities. 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 Staylor made a motion to approve this ordinance text amendment, seconded by Commissioner Singleton and passed by a recorded vote of 7 to 0. OLD BUSINESS: REZONING REQUEST, RZC2017-007, (Conditional), Bridgeway Commerce Park Parcel 4: submitted by Edward Miller, P.E., Kimley-Horn, agent, on behalf of 2 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. 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. The next item of business was introduced by the Chairman. Mr. Hainley advised that at the Commission’s March 2018 meeting, these applications were tabled until May 2018; however, the applicants have withdrawn these applications. STATUS REPORT: Mr. Hainley reported on the results of the March 21st City Council meeting. OTHER BUSINESS: Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to 31-105, Consistency with Comprehensive Plan, 31-404, Zoning Map, 31- 3 419, Mixed Use Development Overlay District, 31-511, Engineering Plans, 31-512, Assurance for Completion and Maintenance of Public and Private Improvements and Appendix A, Definitions, seconded by Commissioner Rector and passed by a voice vote of 7 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 4  MT: Staylor MT: Singleton MT: MT: PLANNING COMMISSION 2ND: Singleton 2ND: Rector 2ND: 2ND: MEETING TO: Approve TO: Initiate TO: TO: April 17, 2018 ordinance text amendment to the UDO VOTE: 7-0 VOTE: 7-0 VOTE: VOTE: OTA2018-001 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X Benton, Howard C. X X X Creekmore, Oliver X X X Eberwine, Kittrell 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 THIS PAGE WAS INTENTIONALLY LEFT BLANK Planning Commission May 15, 2018 RZN2018-003 Page 13 of 13 Accordingly, staff recommends denial of Rezoning Request RZN2018-003 (Conditional) with the submitted proffers. Attachments  General Location Map  Zoning/Land Use Map  Application Narrative  Letter from Harbour View HOA Board of Directors  Topographic Survey  Proposed Ordinance  Exhibit A – Planning Commission Resolution  Exhibit B – Parcel 4 Conditional Rezoning Proffers  Exhibit C – Property Map  Exhibit D – Rezoning Exhibit/Survey May 8, 2018 Members of the Planning Commission, City of Suffolk, This letter comes to you from the Harbour View community committee tasked with working with developers in and around our neighborhood and reporting our recommendations to the Harbour View Home Owner's Association. Over the past 8-10 months this committee has been meeting with the owner’s representative for Parcel 4, Creative Development Partners, as well as the proposed developer/builder, Terry-Peterson Companies. The 37 Acre wooded parcel is located at the corner of Harbour View Boulevard and Hampton Roads Parkway. You should know that this parcel is owned by the firm that purchased the land from CBI over 30 years ago. What we know and love about the feel of the Harbour View Community is largely to their credit. The owners are interested in selling the parcel and have entered into a contract with Terry Peterson Companies for the sale. The property is currently zoned O-I, a category consistent with the office and industrial uses further down the boulevard towards College Drive. In as much as all parties involved agree the office/industrial use is not ideal for this parcel, the owners are seeking to re-zone the property. Sensitivity to our neighborhood has always been their concern so the owners and Terry Peterson Companies have been meeting with this committee to discuss concerns and the best use for the property. This committee represents the larger community and has carefully vetted the usual concerns we all have. As such, the committee has agreed that what is now proposed is the highest and best use for the property: 1. No more than 500 apartments in a multi-building, three or four-story format. These units will have their own community facilities, exercise amenity and pool/outdoor spaces. 2. There will be a series of BMP ponds with fountains. There will be a large pond positioned at the corner of Harbour View Boulevard and Hampton Roads Parkway which will be a signature feature at this important intersection. 3. The balance of the site will have townhome residences which will have two car garages and will be set back slightly from the road to soften the appearance and blend better with the surrounding community. These homes will be for sale, fee simple. 4. The former Retail/Commercial aspects of the project have been deleted at the expressed request of the Harbor View Commerce Association. After much consideration and a number of meetings with the Applicant and the Purchaser, this Committee offers its strong support for the proposed plan. Further, while the City Planners want the most efficient land use for this parcel, this Committee and, largely, the entire community, does not desire the mandates of the current Comprehensive Plan which dictates high density, urban style development. We therefore request that you vote favorably for this re-zoning application. Respectfully, Harbour View Task Force Committee HOA Board of Directors 5849 HARBOUR VIEW BLVD, SUITE 200  SUFFOLK, VIRGINIA 23435  (757) 484-4745  FAX (757) 484-3217 www.harbourviewhoa.com  EXHIBIT D RZN2018-003 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2018-002: Presented for your consideration, attached please find proposed amendments to the Unified Development Ordinance pertaining to the following housekeeping matters, which are intended to update the UDO due to a change in circumstances and provide improved clarification. 1. Section 31-105 Consistency with Comprehensive Plan – Minor text modifications to subsection (b) pertaining to amendments to the Zoning Map. 2. Section 31-404 Zoning Map – Revise the description for the Concept Map in subsection (e) to be consistent with the 2035 Comprehensive Plan and indicate that GIS data serves as the basis for delineating the boundaries of the Concept Map. 3. Section 31-419 Mixed Use Development Overlay District – Amend subsection (2) to remove references to specific policies within the Comprehensive Plan and modify the language to be consistent with the 2035 Comprehensive Plan. 4. Section 31-511 Engineering Plans – Delete reference to VDOT in subsection (4) (c) as it no longer applies. 5. Section 31-512 Assurance for Completion and Maintenance of Public and Private Improvements – Correct grammatical errors where “security” should read “surety” and remove references to VDOT as it no longer applies. 6. Appendix A Definitions – Revise the definitions for “Comprehensive Plan” and “Concept Map.” 7. Appendix B Submission Requirements – In subsection B-3 (f) (2) replace “Future Land Use map” with “Concept Map” to be consistent throughout the UDO. APPLICANT: The proposed ordinance text amendment has been initiated by the City of Suffolk. PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. STAFF ANALYSIS ISSUE AND BACKGROUND The proposed text amendments in the attached Exhibit B are presented for your favorable consideration. The proposed amendments are housekeeping matters that either address grammatical errors in word choice, remove references to VDOT dealing with maintenance Planning Commission May 15, 2018 OTA2018-002 Page 2 of 2 of roadways which are now maintained by the City, or they update language in various sections of the UDO that pertain to consistency with the 2035 Comprehensive Plan and the Concept Map. RECOMMENDATION Based on the considerations noted above, staff recommends approval of the proposed text amendments. The Committee on Ordinances, at their meeting of April 17, 2018, by a vote of 2 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  Exhibit A – Planning Commission Recommendation  Exhibit B – “Amendments to Article 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements, of the Code of the City of Suffolk, Virginia” ORDINANCE NUMBER AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, SECTION 31-105, CONSISTENCY WITH COMPREHENSIVE PLAN; ARTICLE 4, SECTION 31-404, ZONING MAP, AND SECTION 31-419, MIXED USE DEVELOPMENT OVERLAY DISTRICT; ARTICLE 5, SECTION 31-511, ENGINEERING PLANS, AND SECTION 31-512, ASSURANCE FOR COMPLETION AND MAINTENANCE OF PUBLIC AND PRIVATE IMPROVEMENTS; APPENDIX A, DEFINITIONS; AND APPENDIX B, SUBMISSION REQUIREMENTS; OTA2018-002 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating the UDO due to a change in circumstances and provide improved clarification; 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 requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. That Exhibit “A,” “Planning Commission Recommendation,” and Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance, Article 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements, 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 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements, of the Unified Development Ordinance of the Code of the City of Suffolk, Virginia, is hereby amended to read as referenced in Exhibit “B,” attached. Section 3. All phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in full force and effect. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: Helivi L. Holland, City Attorney  Exhibit “A” RESOLUTION NO. 18-05-04 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2018-002 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, SECTION 31-105, CONSISTENCY WITH COMPREHENSIVE PLAN; ARTICLE 4, SECTION 31-404, ZONING MAP, AND SECTION 31-419, MIXED USE DEVELOPMENT OVERLAY DISTRICT; ARTICLE 5, SECTION 31-511, ENGINEERING PLANS, AND SECTION 31-512, ASSURANCE FOR COMPLETION AND MAINTENANCE OF PUBLIC AND PRIVATE IMPROVEMENTS; APPENDIX A, DEFINITIONS; AND APPENDIX B, SUBMISSION REQUIREMENTS 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 updating the UDO due to a change in circumstances and provide improved clarification; 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 procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to City Council. The Planning Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; a. 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 of specific recommendations, and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED: TESTE:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance, Article 1, Section 31-105, Consistency with Comprehensive Plan; Article 4, Section 31-404, Zoning Map, and Section 31-419, Mixed Use Development Overlay District; Article 5, Section 31-511, Engineering Plans, and Section 31-512, Assurance for Completion and Maintenance of Public and Private Improvements; Appendix A, Definitions; and Appendix B, Submission Requirements, of the Code of the City of Suffolk, Virginia”  ARTICLE 1 – GENERAL PROVISIONS SEC. 31-105. - CONSISTENCY WITH COMPREHENSIVE PLAN. (a) Pursuant to Code of Virginia, § 15.2-2284, this Ordinance is intended to implement the themes, policies, actions and maps of the Comprehensive Plan and is hereby deemed to be consistent and in accordance with the adopted Comprehensive Plan. Any amendments to or actions pursuant to the Ordinance shall be consistent with the applicable Comprehensive Plan, as it may be amended from time to time. (b) An amendment to the text of the Ordinance is consistent with and in accordance with the Comprehensive Plan if it complies with the themes, policies, actions and maps stated in the Comprehensive Plan, as it may be amended from time to time. An amendment to the zoning map is consistent with the Comprehensive Plan if it complies with the themes, policies, actions and maps stated in the Comprehensive Plan, and if it is consistent with the Land Use Concept Map contained in the Comprehensive Plan, as it may be amended from time to time.  ARTICLE 4 – ZONING SEC. 31-404. - ZONING MAP.  (e) The Concept Map, sheets 1 through 10 and bearing a stamp showing the effective date of this Ordinance and certified by the Director, shall consist of data maintained with the City of Suffolk Geographic Information System and shall be designated as the 2035 Concept Map, April 1, 2015, as amended, and said data shall be the official record of designated “Growth Areas” and “Use Districts” within the City, and shall serve as the basis for delineating the boundaries of the Concept Map as set forth in the Comprehensive Plan.  SEC. 31-419. - MIXED USE DEVELOPMENT OVERLAY DISTRICT (MUD). (a) PURPOSE. The purpose of the Mixed Use Development Overlay District (MUD) is to: (1) Provide for the orderly development of land while permitting flexibility in the design, construction and processing of mixed use developments of a quality which could not be achieved by traditional development under conventional zoning concepts; (2) Implement the policies of the Comprehensive Plan, as amended, to: A. Co-locate jobs and housing (Action 8C); B. Provide for mixed use centers that promote the retention and expansion of office, retail, research and development, and high technology uses (Action 8C); and C. Develop a balanced and diverse housing stock; and C. D. Provide neighborhood retail within communities (Action 8C). Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel. (3) While the conventional zoning districts and the requirements of those districts set forth in the UDO are reasonable, there may be circumstances in which it is in the community's best interests to allow unique and/or creative mixed use development designs and techniques that: A. Revitalize older commercial corridors; B. Increase opportunities for infill development with mixed use projects; C. Encourage development that is less auto dependent; and D. Encourage mixed use pedestrian oriented development patterns where residents have services, shops, jobs, open space and access to transit within walking distance of their homes.   ARTICLE 5 - SUBDIVISION SEC. 31-511. - ENGINEERING PLANS.  (f) INSPECTION AND ACCEPTANCE OF IMPROVEMENTS. If the City does not perform inspections pursuant to an engineering services agreement, the applicant shall provide a certification from a registered engineer or surveyor as to compliance with this Subsection.  (4) ACCEPTANCE. A. Following such inspections, issuance of a certificate of approval to the subdivider or agent shall constitute acceptance by the City of such work, and shall serve as evidence for the release of any agreement and bond which may have been furnished for the guarantee of satisfactory installation, excluding the defect bond as required by Section 31-512(a)(4). Installation of improvements as required in this Section shall in no case serve to bind the City to accept such improvements for maintenance and operation until full acceptance by the City has been achieved in compliance with all regulations of this Article, including but not limited to satisfactory evidence being received stating that the freight, demurrage and all other bills have been paid. Such acceptance shall be subject to the existing regulations concerning the acceptance of each type of improvement. B. The City shall not have any responsibility with respect to any street, or other improvement, notwithstanding the use of the same by the public, unless the street or other improvements have been accepted. C. When improvements have been constructed in accordance with the requirements and conditions of these regulations and the specifications of this Article, and the applicant has submitted as-built reproducibles to the Director, the Director shall accept the improvements for maintenance by the City. , except that this shall not apply to improvements maintained by another entity such as VDOT. D. The provisions shall not be construed to relieve the subdivider or the subdivider's agent or contractor of any responsibility in notifying any agency for the City of completed work and formal request for inspection of same. The approving authorities having jurisdiction shall inspect and approve all completed work prior to the release of any applied performance sureties.  SEC. 31-512. - ASSURANCE FOR COMPLETION AND MAINTENANCE OF PUBLIC AND PRIVATE IMPROVEMENTS. (a) GUARANTEE OF COMPLETION OF PUBLIC IMPROVEMENTS.  (2) PERFORMANCE SECURITY SURETY. A. The applicant shall be required to submit to the City for review and approval a cost estimate for the public improvements and shall be required to provide sufficient security surety to ensure completion of the required public improvements. The amount of such certified check, cash escrow, bond, or letter of credit shall not be required to exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the City of Suffolk and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed 10 percent of the estimated construction costs. If the owner or developer defaults on construction of such facilities and such facilities are constructed by the surety or with funding from the check, cash escrow, bond or letter of credit, the locality shall be entitled to retain or collect the allowance for administrative costs to the extent the costs of such construction do not exceed the total of the originally estimated costs of construction and the allowance for administrative costs. The security surety shall be in the form of one or a combination of the following: (i) Furnishing to the Director a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the Director, in an amount sufficient for and conditioned upon the construction of such facilities, or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or (ii) Furnishing to the governing body a bank or savings institution's letter of credit on certain designated funds satisfactory to the governing body or its designated administrative agency as to the bank or savings institution, the amount and the form. B. In the event the City, in areas wherein the highway system is maintained by VDOT, has accepted the dedication of a road for public use and such road due to factors other than its quality of construction is not acceptable into the secondary system of state highways, then the subdivider or developer shall furnish the City with a maintenance and indemnifying bond, with surety satisfactory to the Director, in an amount sufficient for and conditioned upon the maintenance of such road until such time as it is accepted into the secondary system of state highways. In lieu of such bond, the Director may accept a bank or savings institution's letter of credit on certain designated funds satisfactory to the Director as to the bank or savings institution, the amount and the form, or accept payment of a negotiated sum of money sufficient for and conditioned upon the maintenance of such road until such time as it is accepted into the secondary system of state highways and assume the subdivider's or developer's liability for maintenance of such road. "Maintenance of such road" as used in this Section, means maintenance of the streets, curb, gutter, drainage facilities, utilities or other street improvements, including the correction of  defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage. (3) ESCROW AGENT. If security surety is provided in the form of a cash escrow, the applicant shall deposit with the Director a cash amount or certified check endorsed to the escrow agent for a face value in an amount not less than the amount specified by the Director. A. Accrual. The surety bond or cash escrow account shall accrue to the City for administering the construction, operation and maintenance of the improvements. B. Reimbursement. Where oversized facilities are required, the Director and applicant may specify a reimbursement procedure and may enter into an appropriate agreement to provide for said reimbursement to the applicant. (4) MAINTENANCE BOND (DEFECT BOND). The applicant shall file a maintenance bond with the City, or VDOT prior to acceptance, in a form satisfactory to the City Attorney or VDOT where applicable. The amount of the bond shall be sufficient to assure the satisfactory condition of required public improvements for a period of one year after the date of their acceptance by the City and dedication to the City or VDOT. If defects are found to exist within the designated period, the costs for correcting such defects shall be deducted from the maintenance bond. Any balance remaining shall be paid to the subdivider. (b) TEMPORARY IMPROVEMENTS. The applicant shall construct and pay for all costs of temporary improvements required by the Director and shall maintain said temporary improvements for the period specified. (c) RELEASE OF PERFORMANCE GUARANTEES. (1) Performance guarantees shall be released in accordance with the terms of Code of Virginia, § 15.2-2245 and this Subsection; provided, however, that to the extent that there is any inconsistency between the provisions of Code of Virginia, § 15.2-2245 and this Section, the provisions of Code of Virginia, § 15.2-2245 shall control. (2) Any bond, escrow, letter of credit, or other performance guarantee required by this Section shall be partially or finally released within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any public facilities required to be constructed hereunder unless the Director notifies the subdivider or developer in writing of nonreceipt of approval by an applicable state agency, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the 30-day period. Any inspection of such public facilities shall be based solely upon conformance with the terms and conditions of the performance agreement and the approved design plan and specifications for the facilities for which the performance guarantee is applicable, and shall not include the approval of any person other than an employee of the governing body, its administrative agency, the Virginia Department of Transportation or other political subdivision or a person other than who has contracted with the governing body, its administrative agency, the Virginia Department of Transporation or other political subdivision.   APPENDIX A - DEFINITIONS  COMPOSTING: The manipulation of the natural aerobic process of decomposition of organic materials to increase the rate of decomposition. (Source: Code of Virginia, § 10.1-1400 or its successor regulations) COMPREHENSIVE PLAN: The 2026 Comprehensive Plan, consisting of four volumes adopted on March 25, 1998, and including Volume One: The Plan; Volume Two: Appendices, Book A: Existing Conditions Inventory; Book B: Profiles and Issues, a Profile of Current Conditions and Trends, Chesapeake Bay Preservation Area Amendment, City of Suffolk Data Package-a Component of the HRPDC Regional Shoreline Study, and The City of Suffolk's Visioning Workshops; and Book C: Coordinating Land Use and Transportation in Suffolk, Fiscal Impact Analysis, Downtown Suffolk Initiatives Plan Executive Summary, Fiscal and Transportation Testing Results, Comprehensive Plan Summary Recommendations. The Comprehensive Plan refers to the “2035 Comprehensive Plan” adopted on April 1, 2015, as amended or superseded thereafter. The Comprehensive Plan is intended to guide and assist the City staff, public, development community, City Council, Planning Commission, and other officials in decisions related to development, redevelopment, growth, preservation and the provision of public services in order to promote the health, safety, morals, order, convenience, prosperity and general welfare of the city’s inhabitants. (Source: Virginia Administrative Code) CONCENTRATED ANIMAL FEEDING OPERATION:   CONCESSION STAND, INFORMATION BOOTH, DISPLAY BOOTH: A temporary structure established as an accessory use to a special event or celebration and from which items are sold or displayed. CONCEPT MAP: The Sections of the Comprehensive Plan which designates the proposed future general distribution, location, and extent of the uses of land for residential uses, commercial uses, industry, agriculture, recreation, conservation, education, public buildings and grounds, other public facilities, and other categories of the public and private uses of land. For purposes of this Ordinance, the Concept Map refers to the “Growth Areas” and “Use Districts” map contained within the 2035 Comprehensive Plan, as amended or superseded thereafter. For purposes of this Ordinance, the Concept Map means and refers to the Concept Map for the 2026 Comprehensive Plan. CONCEPT PLAN: A generalized plan indicating the boundaries of a tract or tracts under common ownership, and identifying proposed land use, land use intensity and thoroughfare alignment.   APPENDIX B – SUBMISSION REQUIREMENTS  B-3. - COMPREHENSIVE PLAN AMENDMENT APPLICATIONS. An application for a Concept Map Amendment shall include the following:  (f) A written report which addresses the following issues: (1) Reasons why the amendment is being requested and an indication of compliance with Section 31-303(c) (Approval Criteria); (2) Proposed amendment description including the existing land uses of the area proposed for amendment and surrounding land uses; number of acres; existing Future Land Use Concept Map designation and existing and surrounding zoning; proposed future land use; proposed zoning amendment, if any; and public benefit; (3) Site soils and geology;  THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF April 18, 2018 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 Approved to change the zoning from RR, Rural Residential zoning district, to RLM, Residential Low w/proffers 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK