Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JULY 16, 2019 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, JULY 12, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION July 16, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Election of Officers 3. Approval of minutes from previous meeting 4. Public Hearings A. REZONING REQUEST, RZN2018-014, (Conditional), Alexander’s Place: submitted by Whitney G. Saunders, Saunders and Ojeda P. C., agent, on behalf of Bob Arnette, Coastal Virginia Developers, LLC, applicant, and Kenneth C. Alexander, 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 RLM, Residential Low Medium Density zoning district, to RU, Residential Urban zoning district, for property located on East Washington Street, Zoning Map 35, Parcel 142. The affected property 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, Core Support Use District. B. REZONING REQUEST, RZN2018-020, (Conditional), 117 and 119 C Street: submitted by Whitney G. Saunders, Saunders & Ojeda, P.C., agent, on behalf of Bob Arnette, Coastal Virginia Partners LLC, applicant, on behalf of Sherman Coy Hughson and S&K Brothers Enterprises LLC, property owners, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning district, for property located at 117 and 119 C Street, Zoning Map 36A, Parcels 202A*1 and 202B*1, and a portion of property located at 1214 Portsmouth Boulevard, Zoning Map 36A, Parcel 191*195. The affected area is further identified as being located in the Cypress Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban Use District. C. REZONING REQUEST, RZN2019-003, Indian Trail: submitted by Barry Hathaway, Hathaway Homes, applicant, on behalf of Herbie White, Suffolk Land Associates, LP, property owner, in accordance with Section 31-304 of the Unified Development Ordinance, to rezone Page 1  and amend the official zoning map of the City of Suffolk to change the zoning from M-2, Heavy Industrial zoning district, to RE, Rural Estate zoning district, for property located at the northwest quadrant of the intersection between Indian Trail Road and Deer Path Road, Zoning Map 33, Parcel 8B. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned M-2, General Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agricultural Use District. D. CONDITIONAL USE PERMIT REQUEST, CUP2019-004, 4576 Magnolia Drive: submitted by Vontricia and Andre Farrell, applicant and property owners, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Day Care, family day home, 5 to 12 children, on property located at 4576 Magnolia Drive, Zoning Map 13C(7), Parcel 609. The affected area is further identified as being located in the Nansemond Voting Borough, Zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. E. CONDITIONAL USE PERMIT REQUEST, CUP2019-010, Chick-fil-A Parking Expansion: submitted by Evan Foster, Chick-fil-A, Inc., applicant, on behalf of Stephen R. Caplan, Battlefield Industrial Park Associates, L.L.P., property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish Parking, commercial (not owned or operated by a public agency), on a portion of property fronting Burbage Drive, Zoning Map 6, Parcel 12D. The affected area is further identified as being located in the Nansemond Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core District. F. EXCEPTION REQUEST, CEX2019-001, Cedar Point Country Club: submitted by Doug Will, MSA, P.C., agent, on behalf of J. Cameron Robinett, Friends of Cedar Point Country Club, applicant and property owner, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a swimming pool and pool amenity building to encroach into the 100-foot Resource Protection Area buffer, on property located at 8056 Clubhouse Drive, Zoning Map 5, Parcels 16B*16C. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RL, Residential Low Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. 5. Old Business 6. New Business A. Status Report – City Council Meeting, June 19, 2019 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION June 18, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, June 18, 2019, 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 Anita Hicks Amy Thurston, Planner II Johnnie Edwards Grace Braziel, Planner I Kittrell Eberwine Connie Blair, Planning Technician Mills Staylor The meeting was called to order by Chairman Benton and Commissioner Staylor 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: REZONING REQUEST, RZN2019-001, 213 Kilby Avenue: submitted by Jason Fulford, Skills Unlimited, LLC, applicant and property owner, in accordance with 1 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 B-2, General Commercial zoning district, to RM, Residential Medium Density zoning district, for property located at 213 Kilby Avenue, Zoning Map 34G27(2), Parcel E*7. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned B2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. The first item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Mrs. Braziel stated this rezoning request is to rezone the property from B-2, General Commercial, to RM, Residential Medium Density zoning district. The applicant indicated that the request for a change in zoning stems from not being able to sell the property for B-2 use for quite some time and the belief that the site is more marketable as one single family home. The site is currently served by City water and sewer; therefore, the Department of Public Utilities has no objections to the proposed use. This property is currently assigned to Booker T. Washington Elementary School, Kings Fork Middle, and Lakeland High school. The proposed one single family home would have little to no impact on the schools; therefore, there are no concerns in regards to school impacts. Due to the size of the parcel, commercial development could be challenging while residential development is more achievable. Additionally, the proposed residential home would be adjacent to other residential homes and would conform to the existing neighborhood pattern. Staff determined that the proposed rezoning is consistent with the 2035 Comprehensive Plan. The subject 2 property meets the required minimum lot size for the proposed zoning district. In contrast, each of these individual parcels, lots 6, 7 and 8, consist of less than 10,000 square feet, and individually do not comply with the required minimum lot size of the proposed zoning district and would be considered non-conforming lots if rezoned to RM. However, the minimum lot size can be met if the internal lot lines within the subject parcel are vacated. Therefore, as a condition of approval, staff recommended that the internal property lines be vacated. In that regard, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Staylor made a motion approve this application with the conditions, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2019-008, Family Day Home, 628 Adkins Circle: submitted by Trenita Cherry, 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 Day Care, family day home, 5 to 12 children, on property located at 628 Adkins Circle, Zoning Map 35J, Parcel M*14. The affected area is further identified as being located in the Cypress Voting Borough, zoned RLM, Residential Low-Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner II. Ms. Thurston stated that this request is to establish a 3 family day home, which allows between 5-12 children, in a single family residence. This home is currently licensed as a family day home provider for up to four (4) children through the Virginia Department of Social Services. The day care serves children between the ages of eight (8) weeks to twelve (12) years old. The hours of operation are 6:00 a.m. – 6:00 p.m. Monday through Friday, which is permitted by the supplemental standards. The required minimum parking for this site is three (3) parking spaces. The property has a driveway that can accommodate two (2) cars and on-street parking that can accommodate at least two (2) more spaces in front of the subject property. The applicant’s original request was to allow for an increase in capacity from four (4) to seven (7) children; however, based on the square footage that is being used for the home day care, staff determined that the physical space can support a maximum of ten (10) children. The Department of Social Services requires fifty (50) square feet of floor area including furniture for each child; therefore, up to ten (10) children can be permitted. Public Works Engineering, Public Works Traffic, and Public Utilities have reviewed this request and have no concerns or objections to this use at this location. In summary, staff found that the proposed family day home meets the criteria as set forth in the UDO. Therefore, staff recommended approval of this application with the conditions noted in the staff report. 4 The public hearing was opened and speaking in favor of this application was Doretha Beamon, 624 Adkins Circle, Suffolk, VA. She stated that she is in support of this application; however, she did not want them to block her driveway. She also inquired if a sign could be installed to caution driver’s that there are small children in the area. 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 conditions, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2019-009, Faith In God Deliverance Church: submitted by Miriam Sherrod, Faith In God Deliverance Church, applicant, on behalf of Ralph Nahra, Nahra & Damiani, 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 Place of worship, small, under 6,000 square feet in main sanctuary, on property located at 152 S. Saratoga Street, Zoning Map 34G24(A), Parcel 1. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. The next item of business was introduced by the Chairman followed by a staff report by Nicole Ward, Current Planning Manager. Ms. Ward stated that this request is to establish a place of worship. The applicant proposed to convert the existing building into a place of worship that will include approximately 1,300 square foot sanctuary that will hold approximately 49 occupants. The applicant proposed to utilize the existing municipal parking lot located north of the subject property. There is no plan to provide 5 a day care or other accessory uses at this property. The Department of Public Utilities noted that the existing building is currently served with City water and sewer and had no objections to the proposed use. The Department of Public Works reviewed this application and had no objections to the request. The proposed place of worship will conform to the character of the neighborhood, as it is not out of character, as to what is allowed in the CBD district. 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 Miriam Sherrod, applicant. She asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2019-003, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 3, Procedures, Section 31-301, General Procedural Requirements, Article 5, Subdivision, Section 31-504, Scope and Jurisdiction, 31-505, Authority, 31-506, Classification of Applications and General Procedural Requirements, 31-508, Preliminary Plat, 31-509, Final Plat and 31-511, Engineering 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. The next item of business was introduced by the Chairman followed by a staff report 6 by Bob Goumas, Assistant Director of Planning. Mr. Goumas stated that the proposed text amendments are presented for consideration in order to update and refine the Code of the City of Suffolk UDO. In particular, and with the single exception of family transfer subdivisions, the amendments establish the Director of Planning and Community Development as the approving authority for all preliminary and final subdivision plats. The Planning Commission shall continue to serve as the approving authority for all family transfer subdivisions. In that regard, staff recommended approval of this ordinance text amendment. The public hearing was opened and speaking in favor of this application was Tuck Bowie, Tidewater Builders Association, 4705 Columbus Street, Virginia Beach, VA. He stated that he was in support of this ordinance text amendment. There being no speakers in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this ordinance text amendment, seconded by Commissioner Rector and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Hainley reported on the results of the May 15th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 7  MT: Staylor MT: Hicks MT: Hicks MT: Singleton PLANNING COMMISSION 2ND: Singleton 2ND: Edwards 2ND: Singleton 2ND: Rector MEETING TO: Approve TO: Approve TO: Approve TO: Approve June 18, 2019 w/conditions w/conditions w/conditions VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 RZN2019-001 CUP2019-008 CUP2019-009 OTA2019-003 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 X X X X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF June 19, 2019 A. REZONING REQUEST, RZN2018-017, (Conditional), Hallstead Reserve: rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Tabled until Commercial zoning district, to RU-12, Residential Urban-12 zoning district, for property 1/15/20 located at 2575 and 2665 Pruden Boulevard, Zoning Map 25, Parcels 56 and 56B. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-002, Montessori Academy Approved Expansion: to amend the previously approved conditions pertaining to the establishment of a w/conditions Day care, child day center and School, charter, private, or parochial, on property located at 5805 Harbour View Boulevard, Zoning Map 6, Parcel 3*3A. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-005, Family Day Home, 201 Approved Deanes Station Road: to grant a Conditional Use Permit to establish a Day Care, family day w/conditions home, 5 to 12 children, on property located at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5. D. CONDITIONAL USE PERMIT REQUEST, CUP2019-006, Family Day Home, 1013 Raven Hill Road: to grant a Conditional Use Permit to establish a Day Care, family day Approved home, 5 to 12 children, on property located at 1013 Raven Hill Road, Zoning Map 26L, w/conditions Parcel 174. E. SUBDIVISION VARIANCE REQUEST, SBV2019-001, Brewers Meadow South: to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Approved Development Ordinance in order to grant relief from the maximum cul-de-sac/dead-end w/conditions street length standards, on property located on Turlington Road at the southeastern terminus of Brians Lane in the Brewers Meadow subdivision, Zoning Map 33, Parcel 71A. THIS PAGE WAS INTENTIONALLY LEFT BLANK