Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR SEPTEMBER 17, 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, SEPTEMBER 13, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION September 17, 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 FTR2019-001, submitted by James H. Durden, Jr., 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 64, Parcel 29*7, Whaleyville 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. CONDITIONAL USE PERMIT REQUEST, CUP2019-014, Dumpling Court Bed and Breakfast: submitted by Tiffinee Yancey, 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 Bed and Breakfast, on property located at 3404 Dumpling Court, Zoning Map 19L, Parcel 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 Northern Growth Area, Suburban Use District. B. SUBDIVISION VARIANCE REQUEST, SBV2019-002, Northgate Commerce Park, submitted by Kevin Hughes, applicant, on behalf of the Economic Development Authority (EDA) and Upton Farms, Inc., property owners, in accordance with Sections 31-308 and 31- 515 of the Unified Development Ordinance, to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul-de-sac/dead-end street length standards and connectivity standards, on property located to the south of the intersection of Nansemond Parkway and Shoulders Hill Road. The purpose of this request is to grant relief from the specified development standards of the Unified Development Ordinance pertaining to the development of Northgate Commerce Park. The affected area is further identified as being located in the Cypress Voting Borough, Page 1  zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. C. ORDINANCE TEXT AMENDMENT OTA2019-007, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 1, General Provisions, Section 31-102, Purpose and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations. 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. Appointment of FY 2021-2030 Capital Improvements Plan Subcommittee B. Status Report – City Council Meeting, August 21, 2019 C. Status Report - Preliminary Plats Approved 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION August 20, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, August 20, 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 Connie Blair, Planning Technician The meeting was called to order by Chairman Benton and Commissioner Rector opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. FAMILY TRANSFER SUBDIVISION PLAT: FAMILY TRANSFER SUBDIVISION PLAT FTR2019-002, submitted by Gerald O. White, property owner, requesting a family transfer subdivision pursuant to Section 1 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. The first item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Principal Planner. Ms. Thurston stated that the applicant would like to subdivide a one (1) acre lot for his daughter. The lot dimensions and building setback lines for the proposed new lot are consistent with the underlying A, Agricultural zoning district, as set forth in Table 407-1 of the UDO. In addition, the proposed lot has direct road frontage on Little Creek Road; thus, an ingress/egress easement is not required. There is adequate area on the new proposed lots for the daughter to have her own dwelling and the necessary drain fields. A Deed of Gift has been prepared in conjunction with this plat and it contains the required covenant that prohibits the transfer of the property within ten (10) years of its receipt except in conformity with the UDO. All parties have completed a Sworn Affidavit acknowledging that the purpose of this family transfer is to provide separate places of residence for the Grantees and to keep the family estate within the immediate family. This request meets the criteria for a family transfer subdivision. Therefore, staff recommended approval of this application. Commissioner Staylor made a motion to approve this application, seconded by Commissioner Rector and passed by a recorded vote of 8 to 0. 2 PUBLIC HEARINGS: 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. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that in 2016, the site was the subject of a rezoning request from its current M-2 designation to MUC-40, Mixed Use Core-40 zoning district. In December of 2016, this request received a recommendation of approval from the Planning Commission. However, shortly after Planning Commission consideration this request was withdrawn prior to consideration by City Council. The current request proposed to change the zoning from M-2, Heavy Industrial, to CBD, Central Business District zoning district. In support of this request, the applicant proffered 225 multi-family dwelling units and also proffered that 80% of these units will consist of studios or one-bedroom units. The Core Support Use District calls for a density of 13-24 units per acre. The proposal calls for a density of 22.5 units per acre. In order to accommodate the applicant’s development proposal which includes buildings that will consist solely of residential uses, a Conditional Use Permit is 3 necessary. A Conditional Use Permit request has been submitted for a dwelling, multi- family and apartments within the proposed CBD zoning district. This application has been submitted concurrently with this rezoning request. The applicant indicated in the narrative submitted in support of this application that a self-storage use is proposed for the site that will serve “principally as an amenity (to) on-site tenants.” Mini-storage warehouse uses are permitted in the proposed CBD zoning district only as accessory uses to uses permitted within the district. As such, mini-storage warehouse uses are not permitted uses within the CBD. As you are aware, a large component of staff’s review of rezoning requests involves examination of existing or proposed public facilities to ensure that capacity is available to support new development and associated impacts and that each public facility meets or exceeds the Level of Service standards established by the 2035 Comprehensive Plan and the UDO. There is a compelling public interest to encourage and to reinforce development in the existing town and City centers in order to utilize infrastructure capacity which is already available and to discourage urban sprawl. All necessary public facilities and services needed to serve this site are available. It is important to note that design standards for the CBD zoning district can be found in Article 4, Section 31-408 and Article 6, Section 31-602 of the UDO. Depending on the scope of development proposal, those criteria will still apply. In addition to these design standards, the redevelopment of the site will be subject to all 4 applicable regulations regarding development plan approval. As previously mentioned, the applicant voluntarily proffered conditions in support of this rezoning request. In summary, staff found that the proposal is consistent with the provisions of the 2035 Comprehensive Plan and the UDO. Accordingly, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Edwin Gaskin, Golden Dreams, LLC, 16215 Wolf Creek Road, Montpelier, VA. They believe its successful redevelopment will not only benefit the site itself, but it will be a good project for the surrounding neighborhoods. Speaking in opposition was Stephen Romine, 222 Central Park Ave., Suite 1700, VA Beach, VA. He advised that they don’t oppose the rezoning and the conditional use permit because it is a positive project for the City; however, they have concerns. They believe that it is not comprehensive and it does not include the whole corridor. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Staylor made a to motion approve this application with the proffers, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. 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 5 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. 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 the applicant proposed to convert the detached garage into an accessory dwelling unit with approximately 864 square feet of living space. Supplemental standards are established in the UDO for detached accessory dwelling units which includes, setbacks, not exceeding a 50 percent maximum of the gross floor area of the principal structure, connecting to the principal structures water and sewer, parking, and use. This application meets the supplemental standards as outlined in the staff report. Therefore, it was staff’s opinion that the site in question is appropriate for the proposed use given the size of the existing lot and the size of the proposed accessory dwelling unit, the use should not adversely impact the surrounding neighborhood. Based on the guidance provided by the UDO and the analysis and findings-of-fact set forth in the staff report. The public hearing was opened and speaking in favor of this application was Maenica Wilson-Roselle, property owner. She asked for the Commission’s approval of this application. 6 Speaking in opposition was Robert Knox, 230 Holbrook Arch, Suffolk, VA - concerned about other detached garages in the community being converted to rentals. Also, speaking in opposition as Jackie Meggison, President of Homeowners Association, 100 Laxey Court, Suffolk, VA. Speaking in rebuttal was Ms. Wilson-Roselle – she advised that this accessory dwelling unit will not be used as a rental. There being no more speakers, 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, CUP2019-013, 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. 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 proposed to redevelop the existing Golden Peanut Company processing facility, consisting of seventeen (17) structures and associated infrastructure, into a residential apartment 7 community with amenities. Utilizing the Historic Tax Credit Program, the applicant plans to renovate existing structures that qualify under the program into residential apartment buildings and associated accessory uses that will serve residents. Plans call for the site to also serve a variety of commercial uses; however, these uses and potential users have not yet been identified. The applicant does not anticipate adding any additional structures to the site to meet their development goals. The applicant indicated that the development of the property will be at a minimum four phases, the first of which will be the renovation buildings “G” and “H”. This phase is envisioned to contain 54 dwelling units and associated resident amenities. Additional multi-family phases could include buildings “M”, “O”, and “T”. Buildings “B”, “C”, “D”, and “M” are being targeted for commercial development. The proposed multi-family dwellings will be placed in existing buildings that previously served a peanut processing facility. The site is located in the downtown core as identified in the Suffolk Downtown Master Plan. The need for the requested Conditional Use Permit stems from the fact that several of the buildings proposed for redevelopment would house only a multi-family use, thus making multi-family dwellings the principal use within these buildings. As proposed, the applicant intends to utilize several of the other buildings on the property for commercial use, which will achieve the desire and intent of the CBD to create a mixed use, urban environment. The site provides an opportunity for the development of 8 multi-family residential that offers a logical transition in density from the highest densities found in the City just to its north and the more moderate densities found to the site’s south within the established urban neighborhoods. The project appears to be compatible in design and orientation with other uses in the downtown core in which it is located. It was staff’s opinion that the site in question is appropriate for the proposed use given the existing available infrastructure and its location in the established downtown core, nor will the use will adversely impact the surrounding neighborhood. 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 Edwin Gaskin, Golden Dreams, LLC, 16215 Wolf Creek Road, Montpelier VA. There being no speakers in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. 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. The next item of business was introduced by the Chairman followed by a staff report by Donna Coleman, Zoning Administration and Enforcement Manager. Ms. Coleman 9 stated that the proposed amendment will assist property owners by building on lots with common frontage in the infill zoning districts which meet specific requirements: 1) Parcels must be located in infill district; 2) Each parcel must meet infill setback criteria; and 3) Proposed development that does not meet infill calculations will need to obtain BZA approval. The proposed text amendment will allow new growth to be blended among existing development in certain zoning districts. 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, the public hearing was closed. Commissioner Rector made a motion to approve this ordinance text amendment, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. 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. The next item of business was introduced by the Chairman followed by a staff report by Donna Coleman, Zoning Administrator and Enforcement Manager. Ms. Coleman stated that the proposed amendment will allow mini-farms and commercial stables in the Village Center (VC) zoning district with the approval of a Conditional Use Permit 10 (CUP) which meet defined requirements and practices: 1) Parcels at least 10 acres but not more than 140 acres; 2) Allow non-intensive production and sales of livestock (horses, chickens, pigs, etc); and 3) Permit sales of crop picking, sales of garden and landscaping materials and food produced on site. The proposed text amendment will allow small agricultural operations classified as mini-farms in the VC zoning district which meet specific requirements. 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, the public hearing was closed. Commissioner Singleton made a motion to approve this ordinance text amendment, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. 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. 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 the proposed amendment generally addresses: 1) Increase the radius of the circular terminus of cul- de-sacs from 45 feet to 48 feet; and 2) Corrects out of date and obsolete citations 11 pertaining to the definitions of Master Thoroughfare Plan, Thoroughfare Plan, Master Transportation Plan, and Transportation Plan. All of the suggested text amendments are housekeeping matters, which are intended to update the UDO due to a change in circumstances and provide improved 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, the public hearing was closed. Commissioner Singleton made a motion to approve this this ordinance text amendment, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Hainley reported on the results of the July 17th City Council meeting. OTHER BUSINESS: Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to Section 31-102, Purpose and Section 31-407, Dimensional and Density Regulations, seconded by Commissioner Rector and passed by a voice vote of 8 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 12  MT: Staylor MT: Staylor MT: Hicks MT: Singleton PLANNING COMMISSION 2ND: Rector 2ND: Singleton 2ND: Edwards 2ND: Edwards MEETING TO: Approve TO: Approve w/ TO: Approve w/ TO: Approve w/ August 20, 2019 conditions conditions conditions VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 FTR2019-002 RZN2019-006 CUP2019-011 CUP2019-013 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: Rector MT: Singleton MT: Singleton MT: Singleton PLANNING COMMISSION 2ND: Edwards 2ND: Creekmore 2ND: Hicks 2ND: Rector MEETING TO: Approve TO: Approve TO: Approve TO: Initiate ordinance text August 20, 2019 amendment VOTE: 8-0 VOTE: 7-1 VOTE: 8-0 VOTE: 8-0 OTA2019-004 OTA2019-005 OTA2019-006 Purpose; Dimensional and Density Regulations 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  STAFF REPORT DESCRIPTION FAMILY TRANSFER SUBDIVISION PLAT FTR2019-001: Family Transfer Subdivision Plat, FTR2019-001, submitted by James H. Durden, Jr., property owner, requesting a family transfer subdivision to create one (1) new parcel for his daughter, Jamie L. Durden, and one (1) new parcel for his wife, Lora V. Durden, pursuant to Section 31-514 of the Unified Development Ordinance. APPLICANT: James H. Durden, Jr., the property owner. A copy of this staff report was sent to the applicant on September 13, 2019. LOCATION: The subject property is located on Whaleyville Boulevard and Little Fork Road and is further identified as Zoning Map 64, Parcel 29*7. The proposed new lots front on Little Fork Road only. PRESENT ZONING: The property is currently zoned A, Agricultural zoning district. EXISTING LAND USE: The property consists of an existing single-family dwelling, which fronts on Whaleyville Boulevard, as well as fields and forested land; it currently measures 30.95 acres in size. PROPOSED LAND USE: This family transfer subdivision is a proposal to create one (1) new lot comprised of 2.00 acres for Mr. Durden’s daughter and one (1) new lot comprised of 5.00 acres for Mr. Durden’s wife. Mr. Durden proposes to retain 23.95 acres as his residue parcel. SURROUNDING LAND USES: North: Single-family dwellings, fields and forested land zoned A, Agricultural zoning district, and VC, Village Center zoning district. East: Fields and forested land zoned A, Agricultural zoning district. West: Single-family dwellings, fields and forested land zoned A, Agricultural zoning district. South: Single-family dwellings, fields and forested land zoned A, Agricultural. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agriculture Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located outside of the Chesapeake Bay Preservation Area Overlay District (CBPA). CASE HISTORY: James H. Durden, Jr. and Lora V. Durden originally obtained the subject property in 2000 (Instrument Number 000008648). In October 2018, Mr. and Mrs. Durden transferred the property out of both of their names into only Mr. Durden’s name (Instrument Number 180010616). Since Mrs. Durden is no longer a current property owner and she and Jamie Durden have not previously received a family transfer parcel, they are eligible to receive the requested family transfer parcels. Planning Commission September 17, 2019 FTR2019-001 Page 2 of 3 STAFF ANALYSIS ISSUE Mr. James H. Durden, Jr. owns a parcel of land on Whaleyville Boulevard and Little Fork Road comprised of 30.95 acres from which he proposes to subdivide a 2.00-acre parcel to his daughter, Jamie L. Durden, and a 5.00-acre parcel to his wife, Lora V. Durden, pursuant to Section 31-514 of the Unified Development Ordinance (UDO). As a result, 23.95 acres would remain for the residue parcel. CONSIDERATIONS AND CONCLUSIONS 1. Pursuant to the provisions of Section 31-514(a) of the Unified Development Ordinance (UDO), it is the purpose and intent of a Family Transfer Subdivision to keep the family estate within the immediate family and not for the purpose of short term investment for sale after division to those outside of the immediate family. It is the further intent to provide family members the ability to remain in close proximity as housing needs change, to provide mutual opportunities for support and care of family members, and to allow the preservation of family land holdings which might otherwise be fragmented for economic reasons. 2. Lot dimensions and building setback lines for the proposed new lots are consistent with the A, Agricultural zoning district, as set forth in Table 407-1 of the UDO. There is adequate area on the new proposed lots for the daughter and mother to have their own dwellings and the necessary drain fields. 3. Pursuant to the provisions of Section 31-514(a) of the UDO and Virginia Code Section 15.2-2244 (A), the property owner requests a subdivision of property for the purpose of a gift to a member of the immediate family. Jamie L. Durden, one of the grantees, is the daughter of the grantor, and Lora V. Durden, is the wife of the grantor and not a current property owner. Neither of the grantees have previously received a family transfer parcel; therefore, they are eligible for this family transfer subdivision. 4. The plat is accompanied by two (2) Deeds of Gift conveying fee simple title in the proposed parcel of land with a restrictive covenant that prohibits the transfer of the property within ten (10) years of its receipt except in conformity with Sections 31- 514(b)(3)(A) and (B) of the UDO. The deeds shall be executed and recorded simultaneously with the plat. 5. Pursuant to Section 31-514(b)(2) of the UDO, the property owner requesting the family transfer subdivision shall have held fee simple title to the subject property for a minimum of three (3) years prior to the filing of an application unless the owner(s) thereof has established his or her primary domicile on such lot or parcel to be divided. The three (3) year prior holding period shall not apply to property obtained by inheritance from an immediate family member as defined in Section 15.2-2244 of the Code of Virginia so long as the property inherited was held by a qualified immediate family member for at least three (3) years. James H. Durden, Jr. has owned the subject property since 2000 (Instrument Number 000008648). Planning Commission September 17, 2019 FTR2019-001 Page 3 of 3 6. Pursuant to the provisions of Section 31-514(b)(3) of the UDO, by sworn affidavit and covenants provided in the Deeds of Gift, the Grantees, Jamie L. Durden and Lora V. Durden, have acknowledged that the subject lots created under this Section shall be titled only in the name of the immediate family member for whom the subdivision is made for a period of not less than 10 years except that the Grantees may hold title with their spouse during such period. 7. Pursuant to Sections 31-514(b)(5) and (6) of the UDO, the Grantor(s) and the Grantee(s) executed a Family Transfer Subdivision Sworn Affidavit acknowledging that the transfer of property is not for the purpose of circumventing any section or sections of the UDO, but is instead intended to provide separate places of residence for the Grantee(s) exclusive of the residence of the Grantor(s), and is intended to keep the family estate within the immediate family. In the event the Director determines that a family transfer subdivision has been used to circumvent the Subdivision Ordinance, the Director shall initiate the vacation of all or part of the plat of the original lot or parcel to the extent necessary to correct the violation. 8. Pursuant to Section 31-514(b)(9) of the UDO, each lot or parcel created by the family transfer subdivision shall front on a right-of-way not less than fifty (50) feet in width providing ingress and egress to the new parcel(s). The proposed new parcels have over 150 feet of direct road frontage along Little Fork Road to provide adequate ingress/egress; thus, an easement is not necessary. 9. Pursuant to Sections 31-514(b)(10) and (12) of the UDO, the applicant has provided a letter from the City of Suffolk Health Department for the proposed family transfer parcel. RECOMMENDATION Staff finds that this request meets the criteria for a family transfer subdivision, and the proposed parcel meets all zoning requirements as set forth in the Unified Development Ordinance. Therefore, staff recommends approval of the applicant’s family transfer subdivision request, FTR2019-001, as stated in the attached resolution. Attachments  General Location Map  Zoning/Land Use Map  Family Transfer Affidavit  Deeds of Gift  Health Department Letter  Resolution  Exhibit A – Family Transfer Subdivision Plat  GENERAL LOCATION MAP FTR2019-00001 Legend MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL VILLAGE User Name: bsmith Date: 8/27/2019 Subject Property ! ( Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community s  ZONING / LAND USE MAP FTR2019-00001 VD *Proposed Parcel * BL E LL Tax Map Number: 64*29*7B Y VI 155 LITTLE FORK ROAD LE 5 AC. HA W * Proposed Residual Parcel * Tax Map Number: 64*29*7 6668 WHALEYVILLE BOULEVARD 23.95 AC. *Proposed Parcel* Tax Map Number: 64*29*7A 165 LITTLE FORK ROAD 2AC. LIT s TL E FO RK RD User Name: bsmith Date: 8/27/2019  RESOLUTION NO. 19-09-01 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION APPROVING A FAMILY TRANSFER SUBDIVISION ON PROPERTY LOCATED ON LITTLE FORK ROAD, ZONING MAP 64, PARCEL 29*7; FTR2019-001 WHEREAS, James H. Durden, Jr., property owner, has submitted an application for a Family Transfer Subdivision for review pursuant to the provisions of Section 31-514 of the Unified Development Ordinance (UDO) of the City of Suffolk, which plat is attached hereto as Exhibit “A” and incorporated herein and hereafter referred to as the Plat; and WHEREAS, this specific request is to grant permission under Section 31-514 of the Unified Development Ordinance for a transfer of property to an immediate family member to hold title to the subject property for a period of not less than 10 years from the date of recording of the Plat; WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission: ___ a. Finds, ___ b. Does not find, (1) Granting this Family Transfer Subdivision will be for the purpose of providing separate places of residence to an immediate family member over the age of eighteen (18) years old for a period of ten (10) years; (2) This Family Transfer Subdivision is not created to circumvent the subdivision ordinance; (3) Lot dimensions and building setbacks for the lots created by this Family Transfer Subdivision will be consistent with the Agricultural zoning district as set forth in Table 407-1 of the City of Suffolk UDO. (4) The proposed parcels have received Health Department approval for a septic system as noted on the plat. (5) The Sworn Family Transfer Subdivision Affidavit has been executed by the Grantor(s) and the Grantee(s). The Deeds of Gift for this Family Transfer shall be executed and recorded simultaneously with the plat. READ AND ADOPTED: ___________________ TESTE: __________________________________  EXHIBIT A FTR2019-001 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION SUBDIVISION VARIANCE: Subdivision Variance Request SBV2019-002, Northgate Commerce Park, to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul-de-sac/dead- end street length standards and connectivity standards, on property located to the south of the intersection of Nansemond Parkway and Shoulders Hill Road. APPLICANT: This application was submitted by submitted by Kevin Hughes, applicant, on behalf of the Economic Development Authority (EDA) and Upton Farms, Inc., property owners. LOCATION: The property subject to this request is the entire Northgate Commerce Park industrial park, which is principally located to the south of the intersection of Nansemond Parkway and Shoulders Hill Road. The industrial park also includes parcels located on Bowen Parkway, which is west of Northgate Commerce Parkway and north of the Norfolk Southern Railroad, as well as properties located on Industrial Drive. PRESENT ZONING: The property is presently zoned M-2, Heavy Industrial zoning district. EXISTING LAND USE: Approximately twenty percent (20%) of the overall land located in Northgate Commerce Park has been developed as various manufacturing uses. PROPOSED LAND USE: The applicant does not propose a change in zoning or permitted uses within Northgate Commerce Park; this request pertains only to the street layout with regards to street connectivity and cul-de-sac length. SURROUNDING LAND USES: North – The Zion Community Church and the existing Suffolk Meadows single family residential community zoned RLM, Residential Low Medium Density zoning district, as well as Life Storage min-storage zoned M-1, Light Industrial zoning district. South – Vacant land largely comprised of wetlands zoned A, Agricultural zoning district. West – Vacant land zoned A, Agricultural zoning district, RR, Rural Residential, and the Norfolk Southern Railroad that runs southwest to northeast. East – Vacant land zoned M-2, Heavy Industrial, and A, Agricultural zoning district, followed by the City of Suffolk/City of Chesapeake city line. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area (CBPA) Overlay District and is designated as a Resource Management Area (RMA). CASE HISTORY: The Northgate Commerce Park industrial park was originally established in Planning Commission September 17, 2019 SBV2019-002 Page 2 of 5 2000 by the Industrial Development Authority (IDA) of the City of Suffolk, now known as the Economic Development Authority (EDA), in conjunction with Upton Farms, Inc., in an effort to foster economic development opportunities and job creation. Many subdivision plats have been approved for the park since 2000 with the presumption that as properties were to develop, the necessary roadways would be extended and connected as needed in order to create an overall street network that would comply with the Street Improvement Standards contained in the Unified Development Ordinance. Please refer to the applicant’s narrative for an exhibit that depicts the original street network that was intended for the park. STAFF ANALYSIS ISSUE In accordance with Section 31-612, Street Improvement Standards, of the Unified Development Ordinance (UDO), Subsection 31-612 (f) establishes a minimum connectivity ratio and Table 612-2 establishes a maximum cul-de-sac length for each zoning district and in order to support an interconnected street system to protect the public health, safety, and welfare. Furthermore, these standards are established to ensure that streets will function in an interdependent manner, to provide adequate access for emergency and service vehicles, and to enhance non-vehicular travel such as pedestrians and bicycles. They are also intended to provide continuous and comprehensive traffic routes. In cases of unusual situations or when strict adherence to the general regulations would result in practical difficulties or hardship, City Council, upon the recommendation of the Planning Commission, may authorize exceptions to the subdivision regulations as stated in Section 31-515 of the UDO. The applicant has requested a variance from the maximum cul-de-sac length and connectivity standards, described in detail below, due to a change in circumstances which has led to a modified vision for the layout of Northgate Commerce Park since its conception back in 2000. The variance request is also due to physical hardships that impact the ability to construct roadways on the subject property. The existing road network in the park consisting of Bowen Parkway, Northgate Commerce Parkway, and Industrial Drive is requested to remain as-is through the granting of this variance rather than requiring construction of additional roadways and connections to satisfy the Street Improvement Standards. The details of this variance request are as follows: 1) Variance from Table 612-2 Maximum Cul-de-sac Length: The M-2, Heavy Industrial zoning district, allows a maximum cul-de-sac length of 1,500 feet. The existing cul- de-sac on Northgate Commerce Park, which is measured from the intersection of Northgate Commerce Parkway and Nansemond Parkway until its terminus, is roughly 5,000 feet in length or 3,500 feet beyond the permitted maximum. 2) Variance from Subsection 31-612 (f) Connectivity Ratio: A minimum connectivity ratio of 1.4 is required for all subdivisions. This ratio is computed by adding the total number of links or segments of roadway within a subdivision divided by the total Planning Commission September 17, 2019 SBV2019-002 Page 3 of 5 number of nodes, which includes cul-de-sacs and intersections. Currently, the industrial park has a connectivity ratio of 1.00. The original 2000 Northgate Commerce Park master plan envisioned approximately two dozen parcels ranging from about six (6) acres in size to one (1) parcel as large as fifty (50) acres in size as this was the anticipated demand for manufacturing sites at the time. Due to the quantity of proposed lots and the range of lot sizes, the intended street layout in 2000 included five (5) roads with multiple connections that would have resulted in a connectivity ratio of 1.57, which is above the minimum required connectivity ratio of 1.4. Over the past two decades, approximately twenty percent (20%) or 90 acres of the total 470 acres of the industrial park have been developed, which have mostly been mid to large size parcels. Several economic and physical factors have contributed to a new vision for Northgate Commerce Park in 2019 as described in the applicant’s narrative. In summary, these factors include the following: 1) an increased demand for larger manufacturing users attributed to growth of the Virginia International Gateway located ten (10) miles from the park, 2) the desire to minimize at- grade railroad crossings, 3) the presence of wetlands in areas where roads were planned, 4) the presence of City of Norfolk and City of Portsmouth water lines in the area where roads were planned, and lastly, 5) the City of Suffolk has completed an extensive amount of right-of-way improvements along Nansemond Parkway that has attracted new businesses to this corridor. The aforementioned factors have led to a modified development pattern in Northgate that is comprised of larger lots and consequently a demand for fewer roads. Looking ahead to the future, the applicant anticipates this trend to continue; thus, they have proposed an updated master plan, attached, that does not comply with the maximum cul-de-sac length and connectivity ratio. CONSIDERATIONS AND CONCLUSIONS As provided in Section 31-515 of the Unified Development Ordinance, where the City Council finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve variances, exceptions and waiver of conditions to the subdivision regulations so that substantial justice may be done and the public interest secured, provided that the variance, exception or waiver conditions shall not have the effect of nullifying the intent and purpose of these regulations. Further, the City Council shall not approve variances, exceptions and waiver of conditions unless it shall make findings based upon the evidence presented to it in each specific case that: a) The granting of the variance, exception or waiver of conditions will not be detrimental to the public safety, health, or welfare or injurious to other property. The approval of this variance is not expected to jeopardize public safety, health, or welfare as adequate ingress/egress can still be provided. The Department of Public Works, Traffic Engineering Division, as well as the Suffolk Fire Department, have expressed no objections to this variance request to allow for an extended cul-de- sac/dead-end street length and lower connectivity ratio. The Fire Department Planning Commission September 17, 2019 SBV2019-002 Page 4 of 5 indicated that the main road for the industrial park is four (4) lanes wide and more than adequate for fire apparatuses to access all of the properties. Many of the developed sites in the park contain more than one (1) entrance/exit off of Northgate Commerce Parkway to provide improved circulation and access. Please note that building and fire codes also require separation distances between buildings and property lines; hence, the street network is not the only means of fire protection. b) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property. c) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out. Several physical factors limit the ability to create new roads in Northgate Commerce Park. The Norfolk Southern Railroad is located between Bowen Parkway and Northgate Commerce Parkway such that it divides the park into two (2) sections. One (1) existing railroad crossing is located on Nansemond Parkway in front of the park and one (1) crossing is located on Shoulders Hill Road. The addition of any new at- grade rail crossings is a safety concern for motorists and trains, particularly in such close proximity to multiple existing crossings and new crossings would require approval and coordination with Norfolk Southern. The Cities of Norfolk and Portsmouth maintain water lines in areas where roads were planned; thus, any new roads proposed over these water lines would also require approval from multiple localities. Wetlands are present in many areas of the park where roads were planned. The extensive amount of wetlands located to the west, south, and east of the park will likely prevent any future connections from those directions. All of the aforementioned physical elements have contributed to the current development pattern. These conditions are considered unique for this property and not generally applicable to other subdivisions. c) The relief sought will not in any manner vary the provisions of the Zoning Ordinance (Article 4), Comprehensive Plan, or Official Map, except that those documents may be amended in the manner prescribed by law. As previously stated, the applicant does not propose a change in zoning or permitted uses within Northgate Commerce Park; thus, there is no concern with regards to compliance with the Zoning Ordinance. Northgate Commerce Park has a prime location in the City of Suffolk and regionally. The site is located about two (2) miles from Interstate 664 along the recently widened Nansemond Parkway/Portsmouth Boulevard and ten (10) miles from the Virginia Internal Gateway. The park is also located in the City of Suffolk’s Northern Growth Area as designated by the 2035 Comprehensive Plan, which is envisioned as a place for growth and economic centers. The applicant’s goals for obtaining this variance are to incentivize new businesses and employment in the Northgate industrial park, which Planning Commission September 17, 2019 SBV2019-002 Page 5 of 5 aligns with Policy 2-3 and Actions 2-3A, B, and C of the Comprehensive Plan. Any subsequent plans for development in Northgate will require review and compliance with all other standards in the Unified Development Ordinance. RECOMMENDATION In summary, the applicant has demonstrated and staff analysis has concurred, that the requested Subdivision Variance complies with the criteria for granting variances in Section 31-515 of the Unified Development Ordinance. Therefore, staff recommends approval of the SBV2019-002 subject to the following conditions: 1. This Subdivision Variance is granted to allow relief from the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance pertaining to the maximum cul-de-sac/dead-end street length and connectivity ratio requirements for Northgate Commerce Park, as depicted on Exhibit C. 2. The existing road network shown on Exhibit C is permitted to remain as-is. 3. Should the property be further subdivided, in accordance with Section 31-612 (f) (8) of the UDO, secondary access shall be provided for major subdivisions of 25 or more lots. Attachments  General Location Map  Zoning / Land Use Map  Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Proposed Northgate Commerce Plan 2019  GENERAL LOCATION MAP SBV2019-002 Subject Property ! ( s Northern Growth Area MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community VILLAGE User Name: bsmith Date: 8/29/2019  ZONING / LAND USE MAP SBV2019-002 D RD LV B A RO N B L PL HI L GE PA RS DE UL SH O BOWEN PKWY WY PK E NANSEMOND RC P K WY ME C OM NORTH GAT E INDUSTRIAL DR ap ea ke City o f Ch e s NORTHGATE COMMERCE PARK User Name: bsmith Date: 8/30/2019 Variance to Cul-de-Sac Length and Variance for Connectivity s  NARRATIVE Northgate Commerce Park – Variance Request Located to the south of the intersection of Nansemond Parkway and Shoulders Hill Road, originally contemplated to have over 470 acres, Northgate Commerce Park was created through a Public/Private Partnership between the City of Suffolk, the Suffolk Economic Development Authority and Upton Farms (land owner) to foster economic development opportunity and support job creation. The original planning of Northgate dates back to the 1990’s. This has included a long-term phased strategy for both on-site and off-site improvements. The City of Suffolk has invested over $10,000,000 in infrastructure including, Northgate Commerce Parkway Phase I and Phase II, Industrial Drive, Bowen Parkway, Northgate regional sewer pump station, Nansemond Parkway Widening Phase I and Nansemond Widening Parkway Phase II. The original concept of Northgate was to develop it as a location to attract small manufacturing operations, offering sites with options of 6 acres to 50 acres. In order to accomplish this, a contemplated road system was envisioned that would feature numerous connections and intersections throughout the park which originally met cul-de-sac length and connectivity index. Northgate, and it original vision, has seen limited success from 2000 – 2019 but additional land was added to expand the “park”. To date approximately 90 acres have developed. Northgate Master Plan – 2008-2019 This new vision for development in Northgate Commerce Park is required in order to align with current development patterns. It is with this in mind that the City is requesting a Variance to Cul- de-sac Length and a Variance for Connectivity. Proposed Northgate Commerce Plan – 2019--> Align with current development patterns. The original Northgate vision for development was to invest heavily in onsite infrastructure to realize investment by smaller users. As shared previously, this has not come to fruition. The alternative strategy to invest and cater to larger users can be seen at the CenterPoint Manufacturing and Logistics Center. Since its inception in 2010, CenterPoint has successfully located 5 large scale users all requiring 21 – 28 acres. Additionally, the Suffolk Department of Economic Development is consistently seeing larger users in search of real estate of 300,000 sq.ft. or 25 acres versus smaller 25,000 sq.ft. or 5 acre users. This strategy shift of preparing and courting larger users caused changes to the overall development plan for Northgate Commerce Park for both the respective parcel needs and the subsequent requirement for road infrastructure. Under the new strategy of having larger users and parcels Northgate would not create more than more than 23 parcels for development there by eliminating the need for a second access envisioned as a future Bowen Parkway connection that would need to receive permission to cross the Commonwealth Railroad Main line. The City of Suffolk features at least 30 at grade rail crossings throughout the city and has taken a public position to eliminate crossing, versus adding them, to increase vehicular and pedestrian safety, especially as rail traffic has increased additionally with this route. This would include crossing over two City of Norfolk Water Mains and two City of Portsmouth Waterlines. Permissions from both of those municipalities would be needed. From a construction standpoint Bowen Parkway would have to bridge both of those significant utilities. Another challenge includes the presence of wetlands on the property proposed as Bowen Parkway. ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT ORDINANCE IN ORDER TO GRANT RELIEF FROM THE MAXIMUM CUL-DE-SAC/DEAD-END STREET LENGTH STANDARDS AND CONNECTIVITY STANDARDS, ON PROPERTY LOCATED AT NORTHGATE COMMERCE PARK; SBV2019-002 WHEREAS, Kevin Hughes, applicant, on behalf of the Economic Development Authority (EDA) and Upton Farms, Inc., property owners, has requested a variance from the requirements of the City’s Unified Development Ordinance on several tracts of land situated in the City of Suffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Northgate Commerce Park industrial park, which land is depicted on Exhibit "B"; and, WHEREAS, the procedural requirements of Article 3, Section 31-308 and Article 5, Section 31-515, of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; 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”, “Proposed Northgate Commerce Plan 2019”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. City Council finds that the proposal for a variance, as submitted or modified with conditions herein, the expressed purpose of which is to obtain relief from the maximum cul-de-sac/dead-end street length standards and connectivity standards pertaining to Article 6, Section 31-612 of the Unified Development Ordinance of the City of Suffolk, is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that: 1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; 2) The conditions upon which the request is based are unique to the property for which the relief is sough and are not applicable generally to other property; 3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of  these regulations is carried out; 4) The relief sought will not in any manner vary the provisions of the Zoning Ordinance (Article 4), Comprehensive Plan, or Official Map, except that those documents may be amended in the manner prescribed by law. Section 3. Variance Granted. A variance from the requirements of Article 6, Section 31-612, Street Length Standards of the Unified Development Ordinance of the City of Suffolk 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 variance specifically provides relief from the maximum cul-de-sac/dead-end street length standard for the M-2 zoning district and the minimum connectivity ratio in accordance with Sections 31-308 and 31-515 of the Unified Development Ordinance of the City of Suffolk. Conditions 1. This Subdivision Variance is granted to allow relief from the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance pertaining to the maximum cul-de-sac/dead-end street length and connectivity ratio requirements for Northgate Commerce Park, as depicted on Exhibit C. 2. The existing road network shown on Exhibit C is permitted to remain as-is. 3. Should the property be further subdivided, in accordance with Section 31-612 (f) (8) of the UDO, secondary access shall be provided for major subdivisions of 25 or more lots. Section 4. General Conditions. (a) This variance shall authorize only that exception set forth in Section 3 above and no others. This variance shall not permit any use not otherwise allowed by the zoning applicable to the property. (b) The commencement of the use described in Section 3 of this Ordinance shall be deemed as acceptable by the property owner, or any party undertaking such use of the conditions to which this variance is hereby granted. 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. 19-09-03 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO SUBDIVISION VARIANCE REQUEST SBV2019-002 TO GRANT A VARIANCE TO THE STREET IMPROVEMENT STANDARDS OF SECTION 31-612 OF THE UNIFIED DEVELOPMENT IN ORDER TO GRANT RELIEF FROM THE MAXIMUM CUL-DE-SAC/DEAD-END STREET LENGTH STANDARDS AND CONNECTIVITY STANDARDS, ON PROPERTY LOCATED AT NORTHGATE COMMERCE PARK; SBV2019-002 WHEREAS, Kevin Hughes, applicant, on behalf of the Economic Development Authority (EDA) and Upton Farms, Inc., property owners, has requested a variance from the requirements of the City’s Unified Development Ordinance on several tracts 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 that a variance be granted from Section 31-612 of the Street Improvement Standards, to allow a cul-de-sac/dead-end street length of roughly 5,000 feet and a connectivity ratio of 1.0, in accordance with Section 31-515 of the Unified Development Ordinance. WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission: a) finds: b) does not find: (1) The granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property; (2) The conditions upon which the request is based are unique to the property for which the relief is sought and are not applicable generally to other property; (3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the  strict letter of these regulations is carried out; (4) The relief sought will not in any manner vary the provisions of the Zoning Ordinance (Article 4) Comprehensive Plan, or Official Map, except that those documents may be amended in the manner prescribed by law. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, SBV2019-002, 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:________________________________________  SUBDIVISION VARIANCE SBV2019-002 CONDITIONS 1. This Subdivision Variance is granted to allow relief from the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance pertaining to the maximum cul-de-sac/dead-end street length and connectivity ratio requirements for Northgate Commerce Park, as depicted on Exhibit C. 2. The existing road network shown on Exhibit C is permitted to remain as-is. 3. Should the property be further subdivided, in accordance with Section 31-612 (f) (8) of the UDO, secondary access shall be provided for major subdivisions of 25 or more lots.  PROPERTY MAP EXHIBIT B SBV2019-002 D LV RD B A RO N B PL L HI L GE PA RS DE DAYLE ACRES RD UL SH HELEN ST O BOWEN PKWY WY PK E NANSEMOND RC P K WY ME C OM NORTH GAT E INDUSTRIAL DR NORTHGATE COMMERCE PARK ap ea ke City o f Ch e s User Name: bsmith Date: 8/30/2019 SBV2019-002 s  Proposed Northgate Commerce Plan – 2019--> SBV2019-002 EXHIBIT C THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2019-007: Presented for your consideration, attached please find proposed amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations. 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. APPLICANT: The proposed ordinance text amendment has been initiated by the City of Suffolk. PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. STAFF ANALYSIS ISSUE AND BACKGROUND The proposed text amendments shown in attached Exhibit B are presented for consideration in order to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance and provide improved clarification. 1. Section 31-102 (c) (15) – Deletes an out of date and obsolete citation pertaining to the Virginia Department of Transportation. 2. Section 31-407 (f) (2) – Corrects a typo from when the Unified Development Ordinance was initially codified, clarifying the standards by which the height of certain buildings may exceed the maximum as set forth in Table 407-1. RECOMMENDATION In that regard, the proposed text amendments shown in the attached Exhibit B are presented for your favorable consideration with a staff recommendation for approval of the proposed text amendments. The Committee on Ordinances, at their meeting of August 20, 2019, by a vote of 4 to 0, passed a motion to forward the proposed amendments to the Planning Commission for consideration with the recommendation that they be approved. Planning Commission September 17, 2019 OTA2019-007 Page 2 of 2 Attachments  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – “Amendments to Chapter 31, Unified Development Ordinance (UDO), Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations, of the Code of the City of Suffolk, Virginia” ORDINANCE NUMBER AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, GENERAL PROVISIONS, SECTION 31-102, PURPOSE; AND ARTICLE 4, ZONING, SECTION 31-407, DIMENSIONAL AND DENSITY REGULATIONS; OTA2019-007 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating and improving clarity and consistency due to a change in circumstances; and, WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. That Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance (UDO), Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations, of the Code of the City of Suffolk, Virginia” which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations of the Code of the City of Suffolk, Virginia, is hereby amended to read as referenced in Exhibit “B,” attached. Section 3. All phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in full force and effect. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: Helivi L. Holland, City Attorney  Exhibit “A” RESOLUTION NO. 19-09-4 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2019-007 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 1, GENERAL PROVISIONS, SECTION 31-102, PURPOSE; AND ARTICLE 4, ZONING, SECTION 31-407, DIMENSIONAL AND DENSITY REGULATIONS WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of updating and improving clarity and consistency due to a change in circumstances; and WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to City Council. The Planning Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; a. Adopted as submitted without modification. _____b. Denied, and that Council not pass the proposed ordinance. _____c. Adopted with the modifications set forth on the attached listing of specific recommendations, and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED: TESTE:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance (UDO), Article 1, General Provisions, Section 31-102, Purpose; and Article 4, Zoning, Section 31-407, Dimensional and Density Regulations, of the Code of the City of Suffolk, Virginia” ARTICLE 1 – GENERAL PROVISIONS. … SEC. 31-102. PURPOSE. … (c) Subdivision regulations are included in Articles 5, 6, and 7. Pursuant to Code of Virginia § 15.2-2240 et seq., the power of subdivision control is exercised in order to: … (15) To provide requirements that, in the event streets in a subdivision will not be constructed to meet the standards necessary for inclusion in the secondary system of state highways or for state street maintenance moneys paid to municipalities, the subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the streets in the subdivision do not meet state standards and will not be maintained by the Department of Transportation or the City; and … … ARTICLE 4 – ZONING. … SEC. 31-407. DIMENTIONAL AND DENSITY REGULATIONS. … (f) HEIGHT. The general height regulations of the district in which a parcel is located shall apply to all principal and accessory structures except as may be specifically provided elsewhere in this chapter. The airport overlay district height regulations set forth in Section 31-414 may not be exceeded for any reason except as may be provided within the regulations of the overlay district. … (2) Any building located within the B-2, O-I, C-P, M-1 or M-2 zoning districts and which is not are adjacent to property zoned or used for residential purposes may exceed the maximum height set forth in Table 407-1 by 12 feet for every 50 additional feet from the required side or rear setback. All maximum heights indicated above are conditioned on the use of approved building materials in  accordance with the requirements of the Virginia Uniform Statewide Building Code. The maximum building heights may be exceeded beyond those as provided in this Subsection only with the approval of a Conditional Use Permit. … … THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF August 21, 2019 A. REZONING REQUEST, RZN2018-014, (Conditional), Alexander’s Place: to change the Approved zoning from RLM, Residential Low Medium Density zoning district, to RU, Residential w/proffers Urban zoning district, for property located on East Washington Street, Zoning Map 35, Parcel 142. B. REZONING REQUEST, RZN2018-020, (Conditional), 117 and 119 C Street: to change Approved the zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning w/proffers 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. C. REZONING REQUEST, RZN2019-003, Indian Trail: to change the zoning from M-2, Approved 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. Approved D. CONDITIONAL USE PERMIT REQUEST, CUP2019-004, 4576 Magnolia Drive: to w/conditions establish a Day Care, family day home, 5 to 12 children, on property located at 4576 Magnolia Drive, Zoning Map 13C(7), Parcel 609. Approved E. CONDITIONAL USE PERMIT REQUEST, CUP2019-010, Chick-fil-A Parking w/conditions Expansion: 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK  LISTING OF PRELIMINARY PLATS APPROVED AUGUST 2019 A. Preliminary Subdivision (PS2018-00005), The Preserve at Lake Meade; Pitchkettle Rd, Zoning Map 25, Parcel 69*69A*PT34*6, RR, Rural Residential zoning district. THIS PAGE WAS INTENTIONALLY LEFT BLANK