Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR AUGUST 20, 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, AUGUST 16, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION August 20, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Family Transfer Subdivision Plat: A. FAMILY TRANSFER SUBDIVISION PLAT FTR2019-002, submitted by Gerald O. White, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 23, Parcel 35, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agriculture Use District. 4. Public Hearings: A. REZONING REQUEST, RZN2019-006 (Conditional), Peanut Crossing: submitted by Edwin Gaskin, Golden Dreams LLC, applicant and property owner, in accordance with Section 31-304 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from M-2, Heavy Industrial zoning district, to CBD, Central Business District, for property located at 273 S. Saratoga Street, Zoning Map 34G23(A), Parcels 114*115*116 and 115A*1. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-011, 112 Ryan Arch: submitted by Crystal Wilson, applicant, on behalf of Maenica Wilson-Roselle, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an Accessory dwelling unit, detached, on property located at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92. 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, Suburban Use District. Page 1  C. CONDITIONAL USE PERMIT REQUEST, CUP2019-013, Peanut Crossing: submitted by Edwin Gaskin, Golden Dreams LLC, 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 Dwelling, multi-family and apartment buildings (not otherwise enumerated), on property located at 273 S. Saratoga Street, Zoning Map 34G23(A), Parcels 114*115*116 and 115A*1. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. D. ORDINANCE TEXT AMENDMENT OTA2019-004, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 8, Nonconforming Uses, Section 31-801, Intent. 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 OTA2019-005, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 4, Zoning, Section 31-406, Use Regulations, 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. F. ORDINANCE TEXT AMENDMENT OTA2019-006, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 6, Design and Improvement Standards, Section 31-612, Street Improvement Standards, 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. 5. Old Business 6. New Business A. Status Report – City Council Meeting, July 17, 2019 B. Status Report - Preliminary Plats Approved - None 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION July 16, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, July 16, 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 Kevin Wyne, Principal Planner Johnnie Edwards Amy Thurston, Principal Planner Kittrell Eberwine Grace Braziel, Planner I Mills Staylor Catina Myrick, Administrative Analyst The meeting was called to order by Chairman Benton and Commissioner Creekmore 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 to 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. PUBLIC HEARINGS: 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. The first item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that this request is to rezone one parcel located on E. Washington Street from RLM, Residential Low-Medium density zoning district to RU, Residential Urban zoning district. The applicant’s development 2 proposal is unusual, as it involves two parcels, but only one parcel would require a rezoning for the applicant to achieve his development goals. If rezoned to RU, the maximum yield on the property to this rezoning request is 48 units. Presently, under its RLM designation, the parcel has a yield of 12 units by-right under its RLM designation. The applicant envisions constructing 76 units (the maximum yield on the parcels combined in the RU district). While staff has analyzed the impacts that would be generated by both parcels, it must be stressed that the parcel subject to rezoning could only yield 48 units if rezoned. While not proffered, the design of the proposed residential development appears to follow a typical suburban layout. City water and sewer are available to the site. Both sites will derive access from one (1) point on Suburban Drive. The combined site, if developed with 76 dwelling units (48 would be permitted on the site subject to this request) as conceptualized by the applicant, would generate 38 total AM peak trips and 50 total PM peak trips. Traffic Engineering has reviewed the revised conceptual plan and supplemental traffic data and recommended approval of the application with access limited only to Suburban Drive. Turn lanes will not be required for this project. In accordance with the UDO, a development consisting of 36 single family attached dwellings will generate 7 elementary school students, 4 middle school students, and 3 high school students. When considering committed development that will be served by the same schools serving the parcel in 3 question, there is sufficient capacity at all three schools currently serving the site. The applicant has voluntarily proffered the housing product type, the minimum size of the dwellings and various architectural standards, to include crawl space height, roofing materials, and siding to be used. In summary, staff found that this proposal is consistent with 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 with the proffers noted in the staff report. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. Speaking in favor of this application was Sylvia Copeland Murphy, Assistant Pastor of Oak Grove Baptist Church, 2635 E. Washington Street, Suffolk, VA Also, speaking in favor of this application was Kenneth Jenkins, 606 Hollywood Avenue, Suffolk, VA. This would be a good project for the community. Speaking in opposition was Margaret Barnes, 306 Ben Street and Rosa Bowe, 2540 E. Washington Street, Suffolk, VA. They advised that this proposal would bring too much traffic to a congested area. They would like for the zoning to remain unchanged. 4 Speaking in rebuttal was Whitney Saunders – he advised that this proposal would fit in with the City’s Comprehensive Plan. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Singleton made a motion approve this application with the proffers, seconded by Commissioner Rector and passed by a recorded vote of 5 to 3. 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. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Principal Planner. Ms. Thurston stated that the purpose of this rezoning is to construct fifteen (15) townhomes to be incorporated into the adjacent “The Meadows at Moore’s Pointe” townhome community designed for 70 townhomes. There is an existing single-family detached dwelling on tax map parcel 36A*202B*1 that is proposed to remain. The applicant proffered 5 conditions in support of this 5 request. Proffer #1 stated the owner shall construct no more than fifteen (15) single- family attached dwellings. The remainder of the proffers pertains to the square footage of homes, the height of crawl spaces, siding materials, and roofing materials. This proposal for 15 dwelling units spread over 2.5 acres equates to a density of approximately 6 units per acre. The requested density is found to be appropriate at this location due to the limited public road frontage and adjacent single-family detached communities to the north that are roughly four (4) dwelling units per acre. C Street is classified as a minor collector roadway that experiences less traffic and has less visibility than Portsmouth Boulevard. According to the applicant, the lack of traffic and visibility are the main reasons as to why the property has not been used for commercial purposes in the past. Only 10% of the residential pipeline units in the City of Suffolk are attached units. Therefore, the proposed rezoning to allow townhomes would contribute to a more balanced housing stock within the Central Growth Area and Mack Benn elementary school zone. City water and sewer are available for connection and will be extended as part of the “The Meadows at Moore’s Pointe” 70-unit development. Traffic Engineering reviewed the Traffic Impact Analysis and found that no off-site improvements are necessary for the 15 additional dwelling units. All of the schools that the proposed development are zoned for, which includes Mack Benn Elementary, John F. Kennedy Middle, and Kings Fork High, have surpluses in capacity 6 to absorb the additional students generated by this development which is only 3 elementary students, 2 middle school students, and 3 high school students. In summary, this rezoning request is consistent with the 2035 Comprehensive Plan and the UDO, including the provisions for adequate public facilities. The proposed rezoning from the B-2, General Commercial zoning district, to the RU, Residential Urban zoning district, at 117 and 119 C Street as well as the rear portion of 1214 Portsmouth Boulevard will provide an appropriate transition of uses and densities. Therefore, staff recommended approval of this application with the proffers noted in staff report. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Staylor made a motion to approve this application with the proffers, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. 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 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 7 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. 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 request is to rezone a property on Indian Trail from Heavy Industrial to the Rural Estate zoning district. The applicant requested to rezone this parcel to allow for the construction of one single family home. The proposed use has been analyzed for impacts to public facilities and can meet all requirements. The size and location of this parcel limits its utility as an industrial site. It is already adjacent to residential uses and residential development of this parcel appears to be more compatible than industrial. In addition, the zoning boundary line in this area follows Indian Trail but crosses Deer Path Road to include only this parcel in the industrial district. Thus, it appears that this rezoning would create a logical zoning boundary. While the property does not meet the minimum lot size for RE, which is 3 acres, the property meets all other dimensional requirements and can meet all required setbacks. In addition, the lot is compatible with the existing development pattern where the average lot size is just under an acre. In summary, staff found that this proposal is consistent with city plans and polices and recommended approval of this application. The public hearing was opened and speaking in favor of this application was Thomas 8 Moore, 330 W. Constance Road, Suffolk, VA. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. Commissioner Rector made a motion to approve this application, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. 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. The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Ms. Braziel stated that the applicant proposed to expand the current family day home to provide care for up to 12 children. The home currently is a childcare provider for up to 4 children. The age range of the children that are cared for is 6 weeks to 9 years old. The current hours of operation are 6:30 am – 6:00 pm Monday through Friday. The applicant requested to expand the hours of operation from 6:30 am - 12:00 am midnight to be able to provide care for military families. The applicant proposed to utilize the attached garage, kitchen, family room, and the three bedrooms located on the second floor for the day care. The daycare will utilize 9 approximately 647 square feet of the home’s 1,608 square feet for the day care, which provides adequate space for the care of up to 12 children at this site. The required minimum parking for this site is 4 parking spaces. The property has a driveway that can accommodate 3 cars and there is also availability for on-street parking. There is adequate parking for the residential use and proposed use. The home has a 6 foot fence bordering the 3,000 sq. ft. back yard which meets the required minimum 1,000 sq. ft. for the outdoor play area. The privacy fence that borders the outdoor play area acts as a barrier and would help to reduce any noise that may be generated from the proposed use. Additionally, the use of the outdoor play area shall be limited between the hours of 8:00 am and 6:00 pm in accordance with the supplemental standards. This use would have little to no impact on the surrounding neighbors. Staff found that the proposed use meets criteria for conditional use permits as set forth in the UDO, and that the use would not negatively impact the surrounding area. Accordingly, 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 Andre Farrell, property owner. He asked for the Commission’s approval of this application. Also, speaking in favor of this application was Lisa Spotwood, 6005 Green Ash Court, Suffolk, VA. There being no speakers in opposition, the public hearing was closed. 10 Commissioner Edwards made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. 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. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that the applicant requested to utilize 0.64 acres of this property to establish 42 off-site parking spaces for the existing Chick-Fil-A restaurant located at 6212 College Drive. The applicant proposed to offer 47 on-site spaces and 42 off-site spaces, resulting in 89 spaces total. The need for off- site parking stems from the applicant’s desire to modify the existing parking area, to include relocation of existing spaces and the installation of an additional drive-thru lane, which will eliminate 9 total parking spaces. The proposed off-site parking area will be accessible utilizing two private access points, one located on College Drive and the other on Burbage Drive. Staff has analyzed these criteria in regard to the proposed 11 use. The proposed parking area will be located within the B-2 zoning district where parking areas supporting retail and service uses with high customer turnover are common and appropriate. The need for the requested Conditional Use Permit stems from the fact that the parking area is off-site from the use it will be serving, thus making the parking area the principal use on a presently undeveloped parcel. The proposed parking area appears to be compatible in design and orientation as other parking areas that are found in the general vicinity. The site in question is appropriate for the proposed use given the existing available infrastructure and its location in an established commercial corridor. The use is compatible with adjacent uses and should not generate any impacts that would be detrimental to these existing or any potential future uses. 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 John Wright, Bohler Engineering. 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. 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 12 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. The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Ms. Braziel stated that the applicant proposed to demolish the existing pool and building that encroaches into the 100’ RPA buffer. The pool area currently encroaches into the 50’ seaward portion of buffer. The total impervious area in the 50’ seaward portion of the buffer is 1,775 square feet, and there is a total of 7,164 square feet in the 50’ landward portion of buffer, all together that is 8,939 square feet of impervious area within the 100 foot RPA buffer. Overall this proposal reduces the total impervious area in the 100 foot RPA buffer. The proposed layout would only encroach into the 50’ landward portion, removing it from the 50’ seaward portion. The proposed relocation of the pool meets redevelopment criteria in accordance with the UDO since the proposed layout does not further encroachment but rather pulls out of the 50 foot seaward portion of the buffer and the total impervious area within the buffer decreased by a total of 4,793, which is more than a 50% decrease. Additionally, the applicant submitted a landscape plan as part of this request to mitigate for the 13 encroachment within the RPA buffer. The landscape plan proposed to mitigate 23,700 square feet of land disturbance in addition to the compensation for the removal of three canopy trees. This is composed of the appropriate ratio of bare root seedlings or whips, canopy trees, understory trees, and shrubs and meets the requirements of the Riparian Buffers Modification and Mitigation Manual. The existing impervious area is 8,939 square feet and the proposed is 4,146 square feet, so overall the new configuration is reducing impact to the RPA buffer. The three trees equal to a total of 96” of caliper; the applicant provided the required number of trees and has exceeded the required number of shrubs. Overall, the proposed building footprint for this request keeps all new construction outside of the 50-foot seaward portion of the buffer and a portion of the parking lot was demolished to allow the pool and pool amenity building to further pull back from the previous footprint. Staff believes this request is the minimum necessary to afford relief. Staff found that the applicants’ request does satisfy the criteria as outlined in the UDO to grant an exception to the requirements of the CBPA Overlay District. The applicant provided a Buffer Restoration Plan consistent with buffer landscaping requirements outlined in the CBLAD Riparian Buffer Manual. In that regard, staff recommended approval of this application with the conditions noted in the staff report. 14 The public hearing was opened and speaking in favor of this application was Doug Will, MSA. Speaking in opposition was John Newhard, 9040 River Crescent, Suffolk, VA. He stated that he does not oppose the application, but would like for a condition to be added that the plants, grasses and shrubs that will be placed in the RPA should be native plants and shrubs. There being no more speakers, the public hearing was closed. David Hainley advised that the plants and shrubs proposed in the buffer restoration plan are native plants. Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Hainley reported on the results of the June 19th City Council meeting. OTHER BUSINESS: Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to Section 31-801, Intent, Nonconforming Lots of Record, seconded by Commissioner Rector and passed by a voice vote of 8 to 0. 15 Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to Section 31-406, Use Regulations - Village Center Zoning District, Permitted Uses, seconded by Commissioner Staylor and passed by a voice vote of 8 to 0. Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to Section 31-612, Street Improvement Standards, Cul-de-sac, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 16  MT: Singleton MT: Staylor MT: Rector MT: Edwards PLANNING COMMISSION 2ND: Rector 2ND: Creekmore 2ND: Hicks 2ND: Creekmore MEETING TO: Approve TO: Approve TO: Approve TO: Approve July 16, 2019 w/proffers w/proffers w/conditions VOTE: 5-3 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 RZN2018-14 RZN2018-020 RZN2019-003 CUP2019-004 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  MT: Hicks MT: Staylor MT: Singleton MT: Singleton PLANNING COMMISSION 2ND: Singleton 2ND: Eberwine 2ND: Rector 2ND: Staylor MEETING TO: Approve TO: Approve TO: Initiate TO: Initiate ordinance July 16, 2019 w/conditions w/conditions ordinance text text amendment amendment VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 CUP2019-010 CEX2019-001 Nonconforming Lots Village Center Zoning of Record District, Permitted Uses 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  MT: Singleton MT: MT: MT: PLANNING COMMISSION 2ND: Edwards 2ND: 2ND: 2ND: MEETING TO: Initiate TO: TO: TO: July 16, 2019 ordinance text amendment VOTE: 8-0 VOTE: VOTE: VOTE: Street Improvement Standards, Cul-de- sacs PRESENT ABSENT YES NO YES NO YES NO YES NO X X Benton, Howard C. X X Creekmore, Oliver X X Eberwine, Kittrell X X Edwards, Johnnie X X Hicks, Anita X X Rector, John X X Singleton, Arthur X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2019-011, submitted by Crystal Wilson, applicant and property owner, on behalf of Maenica Wilson-Roselle, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an Accessory dwelling unit, detached, on property located at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92. APPLICANT: Submitted by Crystal Wilson, applicant and property owner. LOCATION: The affected property is located at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92. PRESENT ZONING: RLM, Residential Low-Medium Density zoning district. EXISTING LAND USE: The parcel is approximately 0.35 acres and consists of a single-family home, and a detached garage. PROPOSED LAND USE: The applicants propose to convert the existing detached garage into an accessory dwelling unit, with a living area of 734 square feet. SURROUNDING LAND USES: North – Single-family home, zoned RLM, Residential Low-Medium Density zoning district. South – Right-of-way and a single-family home, zoned RLM, Residential Low-Medium Density zoning district. East – Right-of way and a single-family home, zoned RLM, Residential Low-Medium Density zoning district. West – Single-family home, zoned RLM, Residential Low-Medium Density zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA). 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. Notice to the applicant, containing a copy of the staff report, was also sent on August 16, 2019. CASE HISTORY: There is no case history associated with this property. Planning Commission August 20, 2019 CUP2019-011 Page 2 of 6 STAFF ANALYSIS ISSUE The applicant is requesting a conditional use permit to establish an accessory dwelling unit on this site. Currently there is a two story, 1,940 square foot single family home and an existing detached garage located behind their home. The applicants are proposing to convert this detached, non-habitable accessory structure into an accessory dwelling unit with approximately 864 square feet of living space. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for an accessory dwelling unit within the RLM, Residential Low- Medium Density zoning district. 2. Supplemental use standards are established in the UDO for detached accessory dwelling units as follows: a) The detached accessory dwelling unit shall comply with the minimum yard and intensity of use regulations as set forth in Section 31-407 of this ordinance. The accessory dwelling unit complies with the required setbacks for the RLM, Residential Low-Medium Density zoning district. b) On properties that contain a principal dwelling unit of 2,000 square feet or less, the accessory dwelling unit shall not contain a gross floor area greater than fifty percent (50%) of the gross floor area of the principal dwelling unit. On properties that contain a principal dwelling unit greater than 2,000 square feet, the accessory dwelling unit shall not contain a gross floor area greater than 1,000 square feet. The principal dwelling unit has a living area of 1,940 square feet. Based upon that area, the maximum area allowed for the accessory dwelling unit is 970 square feet. The proposed accessory dwelling unit has approximately 864 square feet of living space, which complies with the area requirement. c) All accessory dwelling units shall be connected to the principal dwelling unit's central water and sewer or septic system. In the case of detached accessory dwelling units, a separate water and sewer or septic system may be utilized if the lot contains not less than four (4) acres and the detached accessory dwelling unit is separated from the principal dwelling unit by not less than one hundred (100) feet. The proposed accessory dwelling unit will connect to the existing principal water and sewer. d) Only one (1) accessory dwelling unit shall be permitted per lot. Planning Commission August 20, 2019 CUP2019-011 Page 3 of 6 The applicant is proposing one accessory dwelling unit. e) Required parking for the detached accessory dwelling unit shall be located on the property of the principal structure in accordance with the standards established in the parking standards of this Ordinance. One (1) additional off- street parking space shall be required for each permitted accessory dwelling unit in addition to that required for the principal dwelling unit.. The required parking for the detached accessory dwelling unit will be located on the property of the principal structure, in accordance with the supplemental standards. f) The accessory dwelling unit shall not be offered for rental purposes. The applicants are aware that they may not offer the proposed accessory dwelling unit for rent. g) Occupancy of the accessory dwelling unit shall not exceed one (1) person per two hundred (200) square feet of gross floor area. The applicants are aware that the occupancy of the accessory dwelling unit shall not exceed one (1) person per two hundred (200) square feet of gross floor area and shall not exceed a maximum occupancy of three (3) persons. h) The zoning permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. The Zoning Administrator will review this site on an annual basis for compliance. 3. This property is currently served with City water and sewer via a ¾ inch water meter and sanitary sewer lateral. The accessory dwelling unit is required to connect to the principal water and sewer. A completed AWWA Water Customer Data Sheet for the existing house and accessory dwelling will be required so it can be determined if the existing water meter is sufficiently sized. Based on the information provided, this Department supports approval of the Conditional Use Permit Request. 4. The applicants will be required to address any issues regarding conversion to habitual space and occupancy of the dwelling unit pertaining to the Building Code with the Division of Community Development. 5. Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a Conditional Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Planning Commission August 20, 2019 CUP2019-011 Page 4 of 6 Conditional Use Permit Approval Criteria, 31-306(c) – As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council, and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of an accessory dwelling unit is a listed conditional use in the RLM, Residential Low-Medium Density zoning district per the City’s Unified Development Ordinance. Supplemental use standards are established in the UDO in section 31-701 and have been met by this application. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The accessory dwelling unit will conform to the character of the neighborhood as required by the supplemental use standards that are established by the UDO. The lot has adequate size to accommodate an accessory dwelling unit. This accessory dwelling unit will not be allowed to be rented out to the general public. This use will not be adverse to persons living in, working in, or driving through the neighborhood. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The request for the accessory dwelling unit has been reviewed by the City’s Traffic Engineer who expressed no concerns regarding parking or traffic for the proposed use and location. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The proposed use is for an accessory dwelling unit and should not produce excess vibration, noise, odor, dust, smoke or gas. It is not anticipated that there will be any use attached with this activity which would impact the surrounding community. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. Planning Commission August 20, 2019 CUP2019-011 Page 5 of 6 The property is located within the Woodlake North subdivision a residential neighborhood. The surrounding properties are located within the same RLM, Residential Low-Medium Density zoning district and have single-family homes. The proposed accessory dwelling unit should not diminish or impair the property values within this neighborhood. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The proposed accessory dwelling should not impede the orderly development and improvement of the surrounding area. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The use of an accessory dwelling unit should not be a detriment or endangerment to the public. h) The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use. The public interest and welfare should not be compromised by the proposed use of this accessory dwelling. The individual interests of persons within the neighborhood should not be adversely impacted by the proposed use. As previously noted, the Zoning Administrator will review the site on an annual basis for compliance. RECOMMENDATION It is staff’s opinion that the site in question is appropriate for the proposed use and, given the size of the existing lot and the size of the proposed dwelling unit, the use will not adversely impact the surrounding neighborhood. Therefore, staff recommends approval of Conditional Use Permit request CUP2019-011 with the following conditions. 1. This permit grants the establishment of a 864 square foot detached accessory dwelling unit at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit C. 3. The accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Planning Commission August 20, 2019 CUP2019-011 Page 6 of 6 Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the accessory dwelling unit shall not exceed with a maximum of three (3) persons. Attachments • General Location Map • Zoning / Land Use Map • Letters from Applicant • Proposed Ordinance • Exhibit A – Planning Commission Recommendation • Exhibit B – Property Map • Exhibit C – Building Layout  GENERAL LOCATION MAP CUP2019-011 ! ( Subject Property s Central Growth Area MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap VILLAGE contributors, and the GIS user community User Name: bsmith Date: 5/31/2019  ZONING / LAND USE MAP CUP2019-011 EM NS NA DP ON KW Y CH AR AN D RE RY DU CK CI CT R LAXEY 27J*1*92 QU HOLBRO OK ARCH AI L R CT UN EQ U H O INO LB R O XL ND O K DO AR G E C H RU O W N LS s CT R TE E OO DL AK H W RC KA OO LBR HO User Name: bsmith Date: 8/8/2019 112 Ryan Arch Suffolk, VA. 23435 A brief narrative of the existing conditions of the building including electrical, plumbing and mechanical usage and purpose of the building. The conditions of the proposed parcel are as follows: 1. Electrical. There is an existing 100 Amp panel located at the side entrance of the building. This panel will provide service for approx... 10 Convenient outlets 13 Ceiling lights 1 Dishwasher 1 Range 2. Plumbing. There is exiting Plumbing in the building however it has not been connected to the main building. 3. Mechanical. There is existing HVAC in the building that provides Air and heat currently for both floors 4. Walls. All walls are insulated and covered with 1/2” drywall and are also painted 5. Floors. The floors are covered with carpet, ceramic and synthetic water proofing floor covering The purpose…My Why This piece of real estate will be used for the soul purpose of providing the traditional relaxation, and shelter for me while still within walking distance from my family. It will also be used for storage, resting, watching TV and preparing my healthy meals, reading. Most importantly, it will be used for my Balneotherapy or what is now known as Bath Therapy which will help with my breathing and promote enhanced blood circulation while calming my skin. ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED ON PROPERTY LOCATED AT 112 RYAN ARCH, ZONING MAP 27J, PARCEL 1*92; CUP2019-011 WHEREAS, Crystal Wilson, applicant and property owner, on behalf of Maenica Wilson-Roselle, property owner, have requested a conditional use permit for an accessory dwelling unit on 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 27J, Parcel 1*92, and which land is depicted on Exhibit "B"; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", and Exhibit “C”, “Building Layout”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish an accessory dwelling unit, detached that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities with the conditions set forth below. These findings are based upon the consideration for the existing use and character of property, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of an accessory dwelling unit is by the imposition of the conditions provided herein. Section 3. Permit Granted. The conditional use permit for the Property be, and it is hereby, approved for the Property, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits an accessory dwelling unit, detached in compliance with Exhibit “C” (the “Building Layout”), and Sections 31- 306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This permit grants the establishment of a 864 square foot detached accessory dwelling unit at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit C. 3. The accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the accessory dwelling unit shall not exceed a maximum of three (3) persons. Section 4. General Conditions. a) The conditional use permit may be revoked by City Council upon failure to comply with any of the conditions contained herein, after ten days written notice to Crystal Wilson, applicant and property owner, on behalf of Maenica Wilson- Roselle, property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met. (c) The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Crystal Wilson, applicant and property owner, on behalf of Maenica Wilson-Roselle, property owner, or any party undertaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subject. Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6. 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 Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: __________________________  TESTE: __________________________ Erika Dawley, City Clerk Approved as to Form: _______________________________________ Helivi L. Holland, City Attorney  Exhibit A RESOLUTION NO. 19-08-3 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2019-011 TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED ON PROPERTY LOCATED AT 112 RYAN ARCH, ZONING MAP 27J, PARCEL 1*92 WHEREAS, Crystal Wilson, applicant and property owner, on behalf of Maenica Wilson-Roselle, property owner, have requested the issuance of a conditional use permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to permit an accessory dwelling unit, detached in accordance with Sections 31-306, 31-406, and 31-701of the Unified Development Ordinance. 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 proposal for a conditional use permit, as submitted or modified herein: a) Will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, b) Will have more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, c) Will be no more injurious to property or improvements in the neighborhood, or d) Will be more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, CUP2019-011, be: a) Granted as submitted, and that 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 ADOPTED:_________________________________ TESTE:________________________________________  CONDITIONAL USE PERMIT CUP2019-011 1. This permit grants the establishment of a 864 square foot detached accessory dwelling unit at 112 Ryan Arch, Zoning Map 27J, Parcel 1*92, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit C. 3. The accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the accessory dwelling unit shall not exceed a maximum of three (3) persons.  PROPERTY MAP EXHIBIT B CUP2019-011 EM NS NA ON DP KW Y CH D AR RE DU RY AN CK CI R CT LAXEY 27J*1*92 HOLBRO OK AR CH H O LB R O O K CH AR C AR H s K O O LB R O HO W LS CT R TE AK E DL WOO User Name: bsmith Date: 8/8/2019 Exhibit C 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 July 17, 2019 A. REZONING REQUEST, RZN2019-001, 213 Kilby Avenue: to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Approved Commercial zoning district, to RM, Residential Medium Density zoning district, for property w/conditions located at 213 Kilby Avenue, Zoning Map 34G27(2), Parcel E*7. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-008, Family Day Home, 628 Approved Adkins Circle: to grant a Conditional Use Permit to establish a Day Care, family day home, w/conditions 5 to 12 children, on property located at 628 Adkins Circle, Zoning Map 35J, Parcel M*14. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-009, Faith In God Deliverance Approved Church: to grant a Conditional Use Permit to establish a Place of worship, small, under w/conditions 6,000 square feet in main sanctuary, on property located at 152 S. Saratoga Street, Zoning Map 34G24(A), Parcel 1. D. ORDINANCE TEXT AMENDMENT, OTA2019-003, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Approved Ordinance, Article 3, Procedures, Section 31-301, General Procedural Requirements, Article 5, Subdivision, Sections 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK