Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR SEPTEMBER 18, 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, SEPTEMBER 14, 2018. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION SEPTEMBER 18, 2018 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearing: A. REZONING REQUEST, RZN2018-006, (Conditional), Millstone: submitted by Whitney G. Saunders, Saunders and Ojeda, P.C., applicant, on behalf of Turlington 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 previously approved proffered conditions, for property located on Turlington Road, Zoning Map 44, Parcel 8D. The purpose of this request is to remove and replace the existing proffered conditions pertaining to the development of Millstone (RZ12-05, Conditional). The affected area is further identified as being located in the Whaleyille Voting Borough, zoned RLM, Residential Low Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. 4. Old Business 5. New Business A. Appointment of FY 2020-2029 Capital Improvements Plan Subcommittee B. Status Report – City Council Meeting, July 18, 2018 and August 15, 2018 6. Commissioner’s Comments 7. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION July 17, 2018 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, July 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 Kevin Wyne, Principal Planner Anita Hicks Amy Thurston, Planner II Kittrell Eberwine Michael Reitelbach, Planner I Johnnie Edwards 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. ELECTION OF OFFICERS: Howard Benton was nominated as Chairman. This nomination and election of Howard Benton as Chairman of the Suffolk Planning Commission was passed by a voice vote of 8 to 0. 1 Arthur Singleton was nominated for Vice-Chairman. This nomination and election of Arthur Singleton as Vice-Chairman of the Suffolk Planning Commission was passed by a voice vote of 8 to 0. Chairman Benton appointed Vice Chairman Singleton, Commissioner Edwards, Commissioner Rector and Commissioner Staylor will serve on the Committee on Ordinances, with Arthur Singleton serving as Chairman. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. FAMILY TRANSFER SUBDIVISION PLAT: FAMILY TRANSFER SUBDIVISION PLAT FTR2017-001, submitted by Whitney G. Saunders, of Saunders and Ojeda, P.C., agent, on behalf of Alma Herman Winslow, III, and Jennifer Morgan Winslow, 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 16, Parcel 21F, Holy Neck Voting Borough, zoned RE, Rural Estate Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. The first item of business was introduced by the Chairman followed by a staff report by Andrew Reitelbach, Planner I. Mr. Reitelbach advised that this application is to subdivide a 3.549-acre parcel to provide a place of residence for Jennifer Winslow’s sister and brother-in-law. 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 2 system was provided. The Grantor and Grantee have acknowledged by the sworn affidavit that: 1) The purpose of this subdivision is to gift this parcel from Jennifer Morgan and Alma Herman Winslow (wife and husband) to Jennifer Winslow’s sister and brother-in-law, Emily Morgan and Kelly Dean Stewart (wife and husband), who are over the age of 18 and have not previously received a parcel of land under the family transfer ordinance. 2) The recipients have acknowledged that title to the property must be held for 10 years from the date of receipt, and that the family transfer parcel may not be sold, subdivided, or otherwise conveyed during that 10 year holding period. 3) This parcel was created to provide a place of residence for the Grantees separate from the Grantors in order to keep the property in the immediate family. With these findings, staff found that the applicant’s request meets the criteria for a family transfer subdivision and recommended approval of this application. Commissioner Singleton made a motion to approve this application, seconded by Commissioner Hicks and passed by a voice vote of 8 to 0. PUBLIC HEARINGS: REZONING REQUEST, RZN2018-005, (Conditional), River Creek Commons: submitted by John Georghiou, River Creek LLC applicant, on behalf of Jabez Enterprises 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 to change the zoning from O-I, Office Institutional District zoning district, to RU, Residential Urban zoning district, for property located at 1645 Wilroy Road, Zoning Map 26G(1), Parcel A. The affected area is further identified as being 3 located in the Suffolk Voting Borough, zoned O-I, Office Institutional 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 Kevin Wyne, Principal Planner. Mr. Wyne advised that this request is to rezone the property from O-I, Office Institutional to RU, Residential Urban zoning district. The applicant indicated that the reason for this rezoning request is based on the belief that the RU zoning district would align with adjacent uses. The 2035 Comprehensive Plan designates this area as a part of the Central Growth Area, Inner Ring Suburban Use District. The proposed zoning district allows 10.9 units per acre, which aligns with the recommended 6 to 12 units per acre in the Inner Ring Suburban Use District. The proposed RU zoning would require that 10% of the net developable area, or .146 acres, be set aside as open space if developed as proposed. Per the UDO, 70% of the total open space must be active open space, which equates to .102 acres. The balance of required open space may be passive. Based on the public facilities report, the Department of Public Utilities determined there is sufficient capacity in City Pump Station #61/River Creek for the additional sanitary sewer flows generated from this site. As a site plan for the proposed church was approved in 2010, the development proposal may be grandfathered under state stormwater law, provided that calculations are submitted that demonstrate that the current design will not result in an increase in 4 the amount of phosphorus or rate of runoff at each point of discharge from the original approved plan. In order to take advantage of grandfathering status, construction on the project must commence on the proposal by June 30, 2019. It is important to note that the location of required BMP(s) and ultimate outfall is not identified in documents received in support of this application or in the submitted conceptual plan. The location could have a significant impact on the final design of the project. Additionally, a stormwater facilities maintenance agreement will need to be approved and recorded for any proposed BMP prior to site plan approval. Additionally, any previously recorded maintenance agreement recorded for the site must be released as legally appropriate. The Department of Public Works, Engineering Division noted that there appears to be a 15-foot Dominion Power Easement for an underground distribution power line bisecting the site. The applicant will need to confirm if the easement and any associated facilities have been relocated as the location of this easement could affect the proposed layout. With respect to traffic impacts, rezoning the property from O-I to RU would result in a significant reduction in peak-hour trip generation. Specifically, the proposed use is anticipated to generate eight total AM trips and 11 total PM trips in contrast to the 43 AM trips and 55 PM trips that could reasonably be anticipated from the development of the site for medical office use that would be permitted by-right in the O-I district. The Department of Public Works, Traffic Engineering Division noted 5 that existing access to the site from River Creek Drive is adequate to support the proposed development. Additionally, frontage improvements along Wilroy Road will be required in the form of closed drainage, concrete curb and gutter and sidewalk. With regard to school impacts, this application was received on April 30, 2018, which is before the new Adequate Public Facilities regulations were adopted by City Council on May 16, 2018. As such, adequate public facilities must be evaluated based on existing conditions at the time of application; therefore, this project has been evaluated using Adequate Public Facilities regulations as of April 30, 2018. The proposed development will be served by Nansemond Parkway Elementary School, John F. Kennedy Middle School, and Kings Fork High School. Under the current O-I zoning, no residential dwellings would be permitted; therefore, no students will be generated by the property as currently zoned. As proposed, the development will consist of no more than 15 single family attached structures. In accordance with student generation rates as defined in the UDO, the development proposal will generate 4 elementary school students, 1 middle school student, and 2 high school students, which all schools have ample capacity. In regard to Proffer #1, the City does not require creation of Homeowners Associations for the purpose of constructing or maintaining required onsite improvements, which is a provision that may be in conflict with Section 15.2- 2298 of the Code of Virginia. Staff recommended that Proffer #1 not be accepted. This 6 action does not impact staff’s recommendation for approval of this application. In summary, staff found that this proposal is consistent with the provisions of the 2035 Comprehensive Plan and the UDO. This request is compatible with the surrounding uses contained in the surrounding neighborhood. Based on a technical review of public facilities necessary to serve the development, it was determined that adequate public facilities are currently available to serve the needs of the development. Accordingly, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Brian Layne, Parrish-Layne Design Group, 7021 Harbour View Blvd., Suffolk, VA. He advised that they have no problem with the deletion of Proffer #1. There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Hicks made a motion to approve this application with the proffers, but with the deletion of proffer #1, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, C12-17, Stratford Solar Center, LLC, submitted by Stratford Solar Center LLC, agent(s) and applicant(s), on the behalf of William B. and Barbara J. Hunter, and M&M Associates, Limited Parts, 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 solar energy facility, for property located at 1070 Hosier Road and 2013 White Marsh Road, Zoning Map 45, Parcel(s) 11, 11*1, and 13. The affected area is further identified as being located in the Cypress Voting Borough, zoned A, Agricultural zoning district. The 7 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District and Rural Agricultural Use District. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne advised that this application is to establish a solar energy facility. The project will consist of ground mounted solar arrays that will utilize photovoltaic solar modules. The proposal calls for arrays that will be a maximum of 15 feet in height. One point of ingress/egress is proposed on White Marsh Road. The site will be accessed from a single entrance on White Marsh Road. A Traffic Impact Analysis was prepared and submitted in support of the project and has been reviewed and approved by the Department of Public Works, Traffic Engineering Division. Acceptable levels of service will be maintained throughout construction of the proposed solar farm with minimal traffic generated by the project once under normal operation. Based on information the City has received from the Virginia Department of Environmental Quality, the solar arrays will not be considered as an impervious surface unless the solar array is so close to the ground that stormwater cannot flow freely beneath. Ground cover will need to be established and maintained under the panels. The proposal is anticipated to decrease the existing impervious area on the site from 6.2 acres to 2.8 acres, which will need to be treated for both water quality and quantity. The facility will be unmanned and not require 8 water or sewer service. The applicant stated that all new on-site transmission and power lines will be placed underground. The project will utilize photovoltaic solar panels, which are designed to absorb sunlight and are treated with anti-reflective coatings. The project will consist of arrays of solar panels mounted on racking that will be pile-supported off the ground. Additionally, the project will maintain a 15 foot vegetated buffer. The plans call for the construction of a six foot tall barbed wire security fence that will be placed around the entire perimeter of the project’s footprint. Additionally, the applicant must demonstrate that they can meet the design and improvement standards outlined in the UDO pertaining to landscaping requirements during the site plan review process. The development of a solar energy facility should have minimal impacts on the surrounding area. The project will have to comply with the supplemental use regulations for solar energy facilities as stipulated in the UDO. Additionally, the installation of landscaping will be required in accordance with the UDO. Therefore, 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 Kyle West, Director of Project Development, 321 E. Main Street, Charlottesville, VA. Also, speaking in favor of this application was William Hunter, property owner. He asked for the Commission’s approval of this application. 9 There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Singleton made a motion to approve with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2018-003, Crosspointe Free Will Baptist Church: submitted by David Sexton, Crosspointe Church 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 church office, and public assembly with temporary lodging, on property located at 201 Edward Avenue, Zoning Map 25A, Parcel 1*C5. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RLM, Residential Low-Medium Density 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 Nicole Ward, Current Planning Manager. Ms. Ward advised that the applicant proposed to expand the facility to the subject property in order to establish a church office, public assembly, meeting rooms and temporary lodging within an existing home. The Unified Development Ordinance does not permit offices or public assembly as a principal use in the RLM, zoning district. However, requiring a final subdivision plat to combine the parcel where the church is located and the lot under consideration will result in the proposed uses being ancillary to the church. As part of this request, the church proposed two rooms within the structure, which will be used as offices and the proposed office hours will be 9:00 a.m. to 5:00 p.m. This structure will also be used as a place of lodging for guest speakers and a meeting area for church 10 related activities. In regard to Public Facilities, The Department of Public Utilities noted that the existing building is currently served with City water and sewer. And the department has no objections to the proposed use. The City’s Traffic Engineer reviewed this application and indicated there was no need for improvements related to the proposed use, since the existing church parking lot will be used. 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 David Sexton, Sr. Pastor of Crosspointe Church, 2460 Pruden Blvd., Suffolk, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2018-007, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606, Parking and Loading Standards; and Section 31-608, Performance Standards. 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 next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne advised that this proposed text 11 amendment is to provide improved clarification and to allow for a strengthened foundation for enforcement pertaining to noise regulations. Section 31-606, Parking and Loading Standards, subsection (F) will be modified to read that noise emissions will be measured on any adjoining property with the sound level meter set on “slow” response. Section 608(a)(8) will also be amended to include language that noise level readings shall be taken at any point on the receiving property using a sound pressure level meter on slow response. Additionally, an existing table will be removed and replaced with a new table that sets time of day standards with associated noise thresholds by zoning classification. Presently, there is a correction table in the UDO for noise based on their duration. This has been removed and now the UDO will define Impulsive Noise, which are short duration noises that increase and decay abruptly and Pure Tone, which are noises that can be heard in a single pitch or combination of pitches. In subsection (B) unamplified speech and music will be exempted from impulsive and pure tone regulations. Based on these considerations, 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 Hicks noted two (2) typos in Section 31-608 (8)(A)(ii) – “the that can be heard” and “and any sound in which”. 12 Commissioner Edwards made a motion to approve this ordinance text amendment with the corrections, seconded by Commissioner Rector and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2018-008, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 3, Procedures, Section 31-310, Violations, and Article 5, Subdivision, Section 31-514, Family Transfers. 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. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner II. Ms. Thurston stated that the first part of the proposed amendment applies to Section 31-310 (c) (2) – which outlines the procedures for violations. The second part of the proposed amendment applies to Section 31-514 (b) (9) – which pertains to the requirements of Family Transfers. With regards to Section 31-310, Violations, it is recommended that provision G, be added to specifically state that any property owner who fails to comply with the Design and Improvement Standards of Article 6 (such as landscaping, parks and open space, parking, outdoor storage, etc.) may be pursued by the City for a civil penalty. The second part of this text amendment pertains to the requirements of Family Transfers under Section 31- 514. There are a set of thirteen (13) standards for family transfers and one of those pertains to access. The UDO currently states that a minimum “right-of-way” of fifteen 13 (15) feet shall be provided; however, this access is for private purposes only, not public purposes, and therefore the language should state “easement” instead of “right-of- way.” These are all simple corrections to improve clarification. Based on the considerations noted in the staff report, staff recommended approval of the proposed text amendments. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Rector made a motion to approve the ordinance text amendment, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2018-009, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-602, Design Standards. 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. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner II. Ms. Thurston stated that the proposed text amendment applies to Article 6, Section 31-602, which pertains to Design Standards for single- family dwellings. The proposed amendment replaces the current recommended height for raised slabs and crawl spaces, which is eighteen (18) inches, to recommending a minimum height of sixteen (16) inches for a raised slab or twenty (20) inches for a 14 crawl space. The recommended heights are based on commonly used building materials and methods of construction. The intent of this code section remains unchanged, and that is that the City desires for all foundations, whether a slab or crawl space, to appear as if they consist of an elevated crawl space. The proposed amendment reads as follows: It is recommended that all residential structures shall be constructed on either a 16-inch raised slab above grade or a 20-inch crawl space. Based on the considerations noted in the staff report, staff recommended approval of the proposed text 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 the ordinance text amendment, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2018-010, initiated by the City of Suffolk to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 4, Zoning, Section 31-401, Purpose and Appendix B, Submission Requirements, B-6, Zoning Variance or Appeals Applications. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances and changes to the Code of Virginia. The next item of business was introduced by the Chairman followed by a staff report by Robert Goumas, Assistant Director of Planning. Mr. Goumas stated that this ordinance text amendment is to amend Article 4, Zoning, Section 401 and Appendix B, 15 Submission Requirements to add the following language: 1) to provide reasonable protection against encroachment upon military bases, military installations, and military airports and their adjacent safety areas, excluding armories operated by the Virginia National Guard and 2) to provide reasonable modifications in accordance with the Americans with Disability Act of 1990 or state and federal fair housing laws, as applicable. Also, amend Appendix B, Submission Requirements, B-6, Zoning Variance or Appeals Applications (e)(3). The amendments establish the provision of a reasonable modification to a property or improvement needed to accommodate a person with a disability as a hardship for which a variance to the zoning regulations may be granted. Subject to the provisions of state and federal fair housing laws, or the Americans with Disability Act of 1990 as applicable. Based on these considerations, 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 noted that in Section 31-401(l) the word “and” at the end of the sentence should be deleted and added to the end of the sentence in subsection (m). Commissioner Rector made a motion to approve the ordinance text amendment, with the corrections, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. 16 STATUS REPORT: Mr. Hainley reported on the results of the June 20th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 17  MT: Singleton MT: Hicks MT: Singleton MT: Staylor PLANNING COMMISSION 2ND: Hicks 2ND: Eberwine 2ND: Hicks 2ND: Creekmore MEETING TO: Approve TO: Approve TO: Approve TO: Approve July 17, 2018 w/proffers, but with w/conditions w/conditions the deletion of Proffer #1 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 FTR2017-001 RZN2018-005 C12-17 CUP2018-003 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 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 Staylor, Mills X X X X X  MT: Edwards MT: Rector MT: Singleton MT: Rector PLANNING COMMISSION 2ND: Rector 2ND: Edwards 2ND: Edwards 2ND: Creekmore MEETING TO: Approve TO: Approve TO: Approve TO: Approve June 19, 2018 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 OTA2018-007 OTA2018-008 OTA2018-009 OTA2018-010 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 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 Staylor, Mills X X X X X THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2018-006 (Conditional), Millstone, in order to amend the previously approved proffered conditions (RZ12-05, Conditional). APPLICANT: Whitney G. Saunders, Saunders and Ojeda, P.C., applicant, on behalf of Turlington Properties, LLC., property owner. LOCATION: The subject property is located on Turlington Road, and is further identified as Zoning Map 44, Parcel 8D, Whaleyville Voting Borough. PRESENT ZONING: The subject parcel is zoned RLM, Residential Low Medium density zoning district. EXISTING LAND USE: The existing property measures 40.64 acres and is forested. Approximately 10 acres are located in critical areas. PROPOSED LAND USE: The proposed use of the property is a 60 lot, single family detached, cluster subdivision. SURROUNDING LAND USES: North - Davis Lakes Campground and a Single Family Residence (B-2 and M-1) South - Single Family Residences (RLM) East - Vacant land (RLM, Residential Low Medium Density) West - Vacant land (C) COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as a part of the Central Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA). Additionally, portions of the property fall within the Resource Protection Area. FLOOD PLAIN: Portions of the western boundary of the property falls within Flood Zone A (100 year flood plain), as shown on Panel 0230E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. CASE HISTORY: A group of three parcels, Tax Map 44, Parcels 8V, 8D, and a portion of 8P, have been linked for the past two decades. In September 1999, the City changed the zoning of this group of parcels from R-1, Low-Medium Density Residential District, to M-1, Light Industrial, and O-I, Office Institutional, as part of a City-wide rezoning in order to implement the policies established in the 2018 Comprehensive Plan. In May 2003, an application was filed to rezone this collection of parcels to RM, Residential Medium District for a 255-unit subdivision. The Planning Commission recommended denial of this application at its September 16, 2003, meeting. The application was subsequently withdrawn prior to City Council action. Again in Planning Commission September 18, 2018 RZN2018-006 Page 2 of 5 2004, a rezoning application was filed for the parcels requesting a RLM, Residential Low Medium District designation, which was recommended for denial by the Planning Commission and subsequently denied by City Council on September 25, 2004. In preparation for the 2026 Comprehensive Plan, the City performed a detailed analysis of the Carolina Road corridor, which identified the need for an Airport Control Zone in the vicinity of the Suffolk Executive Airport. A portion of Parcel 8V is included in an area shown as being restricted from residential development as shown on page 12 of the Carolina Road Corridor Plan. The parcel involved in this amendment request, Parcel 8D, is located outside of this area restricted from residential development; however, it is located within the Airport Overlay District. Furthermore, as a part of the 2026 Comprehensive Plan and the Carolina Road Corridor Land Use Strategy adopted in 2006, the property is identified as being appropriate for residential development. In August 2006, a rezoning request was submitted for the the same collections of parcels, Tax Map 44, Parcels 8V, 8D, and a portion of 8P, from M-1, Light Industrial zoning district and O-I, Office Institutional zoning district to RLM, Residential Low Medium Density zoning district (RZ12-05, Conditional). The request included nine (9) proffered conditions, including a proffered layout that allowed for a maximum of 165 single family detached residential units. The requested was recommended for approval by staff and by the Planning Commission by a vote of 12 to 2 at their July 18, 2006, meeting. The request went before City Council at their August 16, 2006, meeting and was approved by a vote of 5-1, with one abstention. Currently, these parcels remain undeveloped. 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. A notice, containing a copy of the staff report, was also provided to the applicant on September 14, 2018. STAFF ANALYSIS ISSUE: The applicant is requesting a change in previously approved proffered conditions that accompanied the 2006 rezoning request, RZ12-05 (Conditional). The requested change in proffered conditions would impact only one (1) of the parcels included in the previously approved rezoning request: Tax Map 44, Parcel 8D. Proffered conditions on the other two (2) parcels involved in the previously approved rezoning will remain intact and impact any future development of those two (2) parcels. The proposed changes to previously accepted proffers include the removal a minimum lot size of 15,000 square feet, the removal of building design standards, and the removal of a condition that the development will be built in substantial conformity to the previously submitted conceptual plan. Two new conditions are offered as a part of this request which would limit the development to a 60 lot, single family cluster subdivision and ensure that required turn lanes be constructed at both access points on Turlington Road. The subject property, Tax Map 44, Parcel 8D, contains 40.64 acres, including 10.2 acres of critical area consisting of areas of non-tidal wetlands and Chesapeake Bay Preservation Area Resource Protection Area Buffer (RPA). The total net developable area of the property is 30.44 Planning Commission September 18, 2018 RZN2018-006 Page 3 of 5 acres. As presented and proffered by the applicant, the subject parcel would yield 60 single family detached units, which equates to a density of approximately 2 units per acre. The proffered unit count of 60 single family detached residential units is consistent with the previously approved rezoning, as this individual parcel will yield the same amount of units under this proposal as previously approved with the original rezoning request. The subject property is forested and undeveloped. Surrounding land uses include several single family detached dwellings to the south and the Davis Lakes Campground to the north. The proposed conceptual plan, which is not proffered, shows a 60 lot cluster subdivision with access from Turlington Road. CONSIDERATIONS AND CONCLUSIONS In accordance with Appendix B, Section B-4 of the Unified Development Ordinance, rezoning applications, which include amendments to previously accepted proffers, must include a statement of the reasons for seeking an amendment to the zoning maps of the City of Suffolk. Supplemental information provided by the applicant indicates that the change and removal of some of the original proffers would align with the reduction in scope of the project, which no longer includes parcels 8V and a portion of 8P. Those two parcels are not impacted by this request, and the remaining 105 other single family detached dwellings approved as a part of RZ12-05, (Conditional) could be constructed on those parcels in line with the originally approved rezoning request. When coupled with Parcel 8D, the total units that could be constructed on the three parcels is 165 units, which has not changed from the original approved rezoning request. 1. Unified Development Ordinance Under Section 31-406 of the Unified Development Ordinance, single family detached dwellings are permitted as by-right uses in the proposed RLM zoning district. Conventional, hamlet, and cluster use patterns are permitted in this zoning district per Section 31-408 (e). As stated in Section 31-407, conventional lots in the RLM district must be a minimum of 15,000 square feet in area with a minimum frontage of eighty (80) feet and a minimum lot width of one-hundred (100) feet. There is no minimum lot size requirement for cluster development patterns, which is the type proposed for this request. The proposed development, if developed as a cluster subdivision, would require that 45% of the area be set aside as open space. Per Section 31-607 (e), five percent (5%) of the total open space must be active open space. The balance of required open space may be passive and up to 25% of required open space may be located within critical areas, such as wetlands. Compliance with regard to open space requirements will be verified during development review. 2. Proffered Conditions As a part of the originally approved rezoning request, RZ12-05 (Conditional), the applicant voluntarily proffered the items below. Items that have been struck-through are proposed to be removed as a part of the proffered conditions volunteered with the amendment request you are considering. Planning Commission September 18, 2018 RZN2018-006 Page 4 of 5 1. Each building lot shall contain a minimum of fifteen thousand (15,000) square feet. 2. Each one (1) story residence shall contain a minimum of seventeen hundred and fifty (1,750) square feet of living area and each residence in excess of one (1) story shall contain a minimum of two thousand (2,000) square feet of living area. 3. All residences shall be constructed upon a crawl space with brick skirting. 4. Any vinyl used in construction shall be a minimum width of six (6) inches and shall be beaded or of better quality. 5. No less that seventy percent (70%) of all homes shall have front facades which consist of fifty percent (50%) or more of brick material, exclusive of garages. 6. All residences shall have two (2) car garages and double parking pads. 7. All roofing materials shall be guaranteed for twenty-five (25) years of longer. 8. The Millstone neighborhood will be built in substantial conformity to the conceptual plan submitted with this rezoning application. 9. The left turn lane from Carolina Road to Turlington Road shall be lengthened to two hundred (200) feet with two hundred (200) feet of taper and the right turn lane onto Turlington Road shall be lengthened to one hundred and fifty (150) feet with one hundred and fifty (150) feet of taper. A one hundred and twenty five (125) foot right turn lane from Turlington Road onto Carolina Road will be constructed with seventy five (75) feet of taper. As a part of the requested amendments regarding the previously approved proffered conditions, the applicant has voluntarily proffered the items below. Underlined items represented newly proffered conditions that were not previously offered with the original rezoning request. 1. No more than 60 Single family building lots will be created on the property. The property will be developed as a cluster Subdivision. 2. Each one (1) story residence shall contain a minimum of seventeen hundred and fifty (1,750) square feet of living area and each residence in excess of one (1) story shall contain a minimum of two thousand (2,000) square feet of living area. 3. All residences shall have two (2) car garages and double parking pads. 4. The left turn lane from Carolina Road to Turlington Road shall be lengthened to two hundred (200) feet with two hundred (200) feet of taper and the right turn lane onto Turlington Road shall be lengthened to one hundred and fifty (150) feet with one hundred and fifty (150) feet of taper. A one hundred and twenty five (125) foot right Planning Commission September 18, 2018 RZN2018-006 Page 5 of 5 turn lane from Turlington Road onto Carolina Road will be constructed with seventy five (75) feet of taper. 5. Turn lanes for ingress and egress shall be constructed at both entrances in accordance with the requirements stated in the City of Suffolk Unified Development Ordinance. Below, please find a bulleted summary of the proposed changes:  In regard to the changes made from the originally accepted volunteered proffered conditions, the applicant is requesting the removal of proffers 1, 3, 4, 5, 7, and 8.  Proffer 1 relates to the minimum lot size of lots created as a result of the rezoning request, which in the RLM zoning district is 15,000 square feet. The amended proposal is proffered to be developed as a cluster subdivision, which allows for the creation of smaller lots in conjunction with more open space being preserved. As such, the elimination of proffer 1 is reasonable with respect to the applicant’s change in circumstances.  Proffers 3, 4, 5, and 7 all pertain to design standards regarding the single family detached dwelling products to be constructed. As the new proposal will consist of a cluster subdivision, the removal of these proffers can be accepted, as cluster subdivisions are regulated by their own set of design standards.  The creation of new proffer 1 addresses the number of lots, 60, that will be created by the new proposal, which aligns with the portion of the original Millstone project that would be located on the parcel in question. Additionally, proffer 1 states that the proposal will be developed as a cluster subdivision. This proffer is reasonable and can be accepted.  Proffer 5 regards construction standards for access points to the development and has been reviewed and approved by the Department of Public Works, Traffic Engineering Division. RECOMMENDATION In summary, staff finds that this proposal, Rezoning Request RZN2018-006 (Conditional) is consistent with the provisions of the 2035 Comprehensive Plan and the Unified Development Ordinance. Accordingly, staff recommends approval of Rezoning Request RZN2018-006 (Conditional). Attachments  General Location Map  Zoning/Land Use Map  Application Narrative  Conceptual Layout  Proposed Ordinance  Exhibit A - Planning Commission Resolution  Exhibit B – Rezoning Proffers  Exhibit C – Property Map  Exhibit D – Rezoning Exhibit  GENERAL LOCATION MAP RZN2018-006 Subject Property Location ! ( s Central Growth Area Use Districts MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURE VILLAGE contributors, and Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap the GIS user community User Name: bsmith Date: 7/3/2018  ZONING / LAND USE MAP RZN2018-006 RT 13 RT 13 B-2 N CI R BY RD ST AR LAWS TR O D AY R (P r BENTLEY DR i va t e) 44*8D TU R LIN GT ON RD RLM RLM O-I User Name: bsmith Date: 9/11/2018 s ORDINANCE NO. AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF MILLSTONE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON TURLINGTON ROAD, ZONING MAP 44, PARCEL 8D; RZN2018-006 (CONDITIONAL) WHEREAS, Whitney G. Saunders, of Saunders and Ojeda P.C., applicant, on behalf of Turlington Properties, LLC., property owner, has requested the amendment of the proffered conditions pertaining to rezoning request RZ12-05 (Conditional) of a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Zoning Map 44, Parcel 8D, which land is depicted on Exhibit “C”; and, WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on the 17h day of October, 2018, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibit "A", "Planning Commission Recommendation" and Exhibit “B”, “Rezoning Proffers”, Exhibit “C”, “Property Map”, and Exhibit “D” “Rezoning Exhibit”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. A. Council finds that the proposed rezoning is reasonable, and warranted due to a mistake or change in circumstances affecting the property; and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for  various purposes as determined by population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and, 13. the expressed purpose of the City’s Unified Development Ordinance (UDO) as set out in Section 31-102 of the UDO, as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended. B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 3. Rezoning. 1. The conditions proffered in the attached Exhibit “B” be, and they are hereby, accepted. Section 4. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified. READ AND PASSED: _________________________ TESTE: _________________________ Erika S. Dawley, City Clerk Approved as to Form: _____________________________ Helivi L. Holland, City Attorney  EXHIBIT “A” RESOLUTION NO. 18-09-1 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2018-006 (CONDITIONAL) TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS OF MILLSTONE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON TURLINGTON ROAD, ZONING MAP 44, PARCEL 8D; RZN2018-006 (CONDITIONAL) WHEREAS, Whitney G. Saunders, of Saunders and Ojeda P.C., applicant, on behalf of Turlington Properties, LLC., property owner, has requested the amendment of the proffered conditions pertaining to rezoning request RZ12-05 (Conditional), 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. A. The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to a change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 2. the existing use and character of property within the City; 3. the Comprehensive Plan; 4. the suitability of the property for various uses; 5. the trends of growth or change; 6. the current or future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; 7. the transportation requirements of the community; 8. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 9. the conservation of natural resources; 10. the preservation of flood plains;  11. the preservation of agricultural and forestal land; 12. the conservation of properties and their values; 13. the encouragement of the most appropriate use of land throughout the City; 14. the expressed purpose of the City’s Unified Development Ordinances as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended (“Va. Code”). B. The Suffolk Planning Commission makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 2. Recommendation to Council The Planning Commission recommends to City Council that the request, RZN2018-006 (Conditional), be: ___a. Granted as submitted, and the City Council adopt the proposed Ordinance without modification. ___b. Denied, and that Council not adopt the proposed Ordinance. ___c. Granted with the modifications set forth on the attached listing of specific recommendations, and that Council adopt the proposed Ordinance with such modifications. READ AND PASSED: ________________________________ TESTE: ________________________________  EXHIBIT C PROPERTY MAP RZN2018-006 BYR R DS CI T N SO W LA BENTLEY DR 44*8D te ) Pri va R( AY D TR AR User Name: bsmith Date: 7/3/2018 TU R LI NG TO N RD s EXHIBIT D THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF July 18, 2018 A. REZONING REQUEST, RZN2018-003, (Conditional), Harbour View - Bridgeway Commerce Park, Parcel 4: 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, Denied 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. B. ORDINANCE TEXT AMENDMENT, OTA2018-003, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 5, Subdivision, Section 31-513, Phasing or Revising Approved Approved Subdivisions or Site Plans. 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. C. ORDINANCE TEXT AMENDMENT, OTA2018-004, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-709, Mini-Warehouse. The Approved 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. D. ORDINANCE TEXT AMENDMENT, OTA2018-005, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-717, Temporary Uses and Approved 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.  RESULTS OF THE CITY COUNCIL MEETING OF August 15, 2018 A. REZONING REQUEST, RZN2018-005, (Conditional), River Creek Commons, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from Approved O-I, Office Institutional zoning district, to RU, Residential Urban zoning district, for property w/proffers located at 1645 Wilroy Road, Zoning Map 26G(1), Parcel A. B. CONDITIONAL USE PERMIT REQUEST, C12-17, Stratford Solar Center, LLC, to Approved grant a Conditional Use Permit to establish a solar energy facility, for property located on w/amended White Marsh Road, Zoning Map 45, Parcel(s) 11, 11*1, and 13. conditions C. CONDITIONAL USE PERMIT REQUEST, CUP2018-003, Crosspointe Free Will Baptist Church, to grant a Conditional Use Permit to establish a church office, and public Approved assembly with temporary lodging, on property located at 201 Edward Avenue, Zoning Map w/conditions 25A, Parcel 1*C5. D. ORDINANCE TEXT AMENDMENT, OTA2018-007, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606, Parking and Loading Standards; and Approved Section 31-608, Performance Standards. 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. E. ORDINANCE TEXT AMENDMENT, OTA2018-008, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 3, Procedures, Section 31-310, Violations, and Article 5, Subdivision, Section 31-514, Approved Family Transfers. 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. F. ORDINANCE TEXT AMENDMENT, OTA2018-009, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-602, Design Standards. The purpose of Approved 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. G. ORDINANCE TEXT AMENDMENT, OTA2018-010, initiated by the City of Suffolk to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article Approved 4, Zoning, Section 31-401, Purpose and Appendix B, Submission Requirements, B-6, Zoning Variance or Appeals Applications. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances and changes to the Code of Virginia. THIS PAGE WAS INTENTIONALLY LEFT BLANK