Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR OCTOBER 15, 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, OCTOBER 11, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION October 15, 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 FTR2019-003, submitted by Robert D. Ashburn, 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 31, Parcel 6, 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. ORDINANCE TEXT AMENDMENT OTA2019-008, 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 31-407, Dimensional and Density Regulations, Table 407-1. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances. 5. Old Business 6. New Business A. Status Report – City Council Meeting, September 18, 2019 B. Status Report - Preliminary Plats Approved 7. Commissioner’s Comments 8. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION September 17, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, September 17, 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 Kevin Wyne, Principal Planner Anita Hicks Amy Thurston, Principal Planner Johnnie Edwards Grace Braziel, Planner I Kittrell Eberwine Catina Myrick, Administrative Analyst Mills Staylor The meeting was called to order by Chairman Benton and Commissioner Edwards 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 FTR2019-001, submitted by James H. Durden, Jr., property owner, requesting a family transfer subdivision pursuant to 1 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. 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 two (2) new lots, one (1) for his daughter, Jamie Durden, and one (1) for his wife, Lora Durden. The lot dimensions and building setback lines for the proposed new lots are consistent with the underlying A, Agricultural zoning district. Since the proposed lots have direct road frontage on Little Fork Road easements are not required. There is adequate area on the new proposed lots for separate dwellings and drain fields. Two Deeds of Gift have been prepared in conjunction with this plat and they both contain the required covenant that prohibits transfer of the property within ten (10) years of its receipt except in conformity with Sections 31-514(b)(3) of the UDO. All parties 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. In summary, this request meets the criteria for a family transfer subdivision. Therefore, staff recommended approval of this application. 2 Commissioner Hicks made a motion to approve this application, seconded by Commissioner Creekmore and passed by a voice vote of 8 to 0. PUBLIC HEARINGS: 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. The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Ms. Braziel stated that this application is to establish a Bed and Breakfast on this property. In June of this year, the property received a notice of violation for operating as a residential hotel. The applicant proposed to use the existing house as a bed and breakfast with 3 bedrooms available for rent. The three bedrooms will be located on the second floor of the home. Staff analyzed the standards of the UDO and found that the proposed bed and breakfast use can meet these standards. There is adequate parking for the proposed bed use, which will require 3 spaces in addition to the 2 spaces required for the residential use. Onsite parking standards are met for both the residential and proposed use. The property owners will reside on the premises and proposed to provide daily breakfast to guests only. None of the proposed 3 guest rooms have any cooking facilities. There are no proposed exterior changes to the property. The proposed use of a bed and breakfast should not diminish or impair property values within the neighborhood because the overall nature or appearance of the main structure will not change, it will remain residential in appearance. Staff found that the proposed use meets criteria for Conditional Use Permits as set forth in the UDO, and that the use should not negatively impact the surrounding area with conditions that would serve to mitigate potential adverse impacts. 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 Tiffinee Yancey, property owner. She advised that she had previously operated her home as an Airbnb. She was informed by one of her neighbors that the people she rented to was having large parties. She advised that she posted on the website some provisions to make the neighborhood safe. Once she received a Notice of Violation from the City, she stopped. She advised that she will comply with the guidelines for the bed and breakfast. Speaking in opposition was Janet Smith, resident of the Nansemond River Estates. She advised that they would like for this application to be denied due to the large parties, parking issues and the noise. 4 Also, speaking in opposition was Corey Wright, 3402 Dumpling Court, Suffolk, VA – he advised that there have been large parties. He called the Police five (5) times due to the parking and noise. Also, speaking in opposition was William Bailey, 3357 Star Creek Court, Suffolk, VA. He also expressed his concerns about the “party house”. Also, speaking in opposition was Ina Brown, 3407 Dumpling Court, Suffolk, VA. She also expressed her concerns. Also, speaking in opposition was Santora McKinney, 3406 Dumpling Court, Suffolk, VA. Speaking in rebuttal was Ms. Yancey – she apologized for their concerns. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Eberwine made a motion to deny this application, seconded by Commissioner Creekmore and passed by a recorded vote of 5 to 3. 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 5 Development Ordinance pertaining to the development of Northgate Commerce Park. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, Heavy Industrial 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 Amy Thurston, Principal Planner. Ms. Thurston stated that this application is a request for a subdivision variance for the Northgate Commerce Park industrial park in order to grant relief from the maximum cul-de-sac and connectivity ratio standards contained in the UDO. The applicant requested this variance due to physical hardships and economic factors. The existing road network in the park is requested to remain as is through the granting of this variance rather than requiring construction of additional roadways. The newly proposed layout for Northgate Commerce Park, which includes fewer parcels that are larger in size, which in turn lessens the need for additional roads. Staff analyzed this application in relation to the criteria for granting subdivision variances and found the criteria was met. Public Works Traffic Engineering, as well as the Suffolk Fire Department, expressed no objections to this request to allow for an extended cul-de-sac and lower connectivity ratio. The Fire Department indicated that the main road for the industrial park is more than adequate for emergency access. Several physical factors limit the ability to create new roads in the Park. The Norfolk Southern Railroad runs diagonally through the park, dividing it into two (2) sections. 6 The addition of any new at-grade rail crossings is a safety concern, particularly in such close proximity to 2 other existing crossings in this area. The Cities of Norfolk and Portsmouth maintain water lines in areas where roads were planned; thus, new roads would require approval from multiple localities. Wetlands are present in many areas of the park where roads were planned. The extensive amount of wetlands that are located to the west, south, and east of the park will likely prevent any future connections from those directions. All of these factors have contributed to the current development pattern. These conditions are considered unique for this property. The applicant’s goals for obtaining this variance are to incentivize new businesses and employment in the Northgate Industrial Park, which aligns with Policy 2-3 and several actions of the Comprehensive Plan. The park has a strategic location being 2 miles from I-664, the ports, and being that it is within the Northern Growth Area where economic centers are encouraged. In summary, the applicant demonstrated and staff analysis concurred, that the requested Subdivision Variance complies with the criteria for granting variances in the UDO. Therefore, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Kevin Hughes, Deputy Secretary Treasurer of Economic Development Authority. He asked for the Commission’s approval of this application. 7 Speaking in opposition was Lisa Murphy of Wilcox Savage. On behalf of adjoining property owner, Jonnie Gayle Franklin, she advised that this variance should not be granted because it is injurious to the adjoining connecting properties and it does not satisfy the subdivision ordinance requirements because it won’t have interconnectivity between the adjoining properties. There should be some way to connect this subdivision with the adjoining subdivision to the west. Also, speaking in opposition was Joanne Nesson – she also expressed her concerns about the connectivity. Also, speaking in opposition was Derrick Eaton – he was concerned about the connectivity to his property to the east. Speaking in rebuttal was Kevin Hughes. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Singleton made a motion to approve this application, seconded by Commissioner Staylor and passed by a recorded vote of 7 to 1. 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. 8 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 amendments correct the following: 1) Section 31-102 (c) (15) – Deletes an out of date and obsolete citation pertaining to the Virginia Department of Transportation; and 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. The Committee on Ordinances passed a motion to forward the proposed amendments to the Planning Commission for consideration with the recommendation that they be approved. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Singleton made a motion to approve this ordinance text amendment, seconded by Commissioner Rector and passed by a recorded vote of 8 to 0. APPOINTMENT OF FY 2021-2030 CIP SUBCOMMITTEE: Commissioners Creekmore and Hicks were appointed to serve on the Capital Improvements Plan Subcommittee. STATUS REPORT: Mr. Hainley reported on the results of the August 21st City Council meeting. Mr. Hainley also reported on the preliminary plats approved. 9 ADJOURNMENT: There being no further business, the meeting was adjourned. 10  MT: Hicks MT: Eberwine MT: Singleton MT: Singleton PLANNING COMMISSION 2ND: Creekmore 2ND: Creekmore 2ND: Staylor 2ND: Rector MEETING TO: Approve TO: Deny TO: Approve TO: Approve September 17, 2019 VOTE: 8-0 VOTE: 5-3 VOTE: 7-1 VOTE: 8-0 FTR2019-001 CUP2019-014 SBV2019-002 OTA2019-007 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Creekmore, Oliver X X X X X Eberwine, Kittrell X X X X X Edwards, Johnnie X X X X X Hicks, Anita X X X X X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF September 18, 2019 A. REZONING REQUEST, RZN2019-006, (Conditional), Peanut Crossing: to change the Approved zoning from M-2, Heavy Industrial zoning district, to CBD, Central Business District zoning w/proffers district, for property located at 273 S. Saratoga Street, Zoning Map 34G23(A), Parcels 114*115*116 and 115A*1. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-011, 112 Ryan Arch: to establish Approved an Accessory dwelling unit, detached, on property located at 112 Ryan Arch, Zoning Map w/conditions 27J, Parcel 1*92. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-013, Peanut Crossing: to Approved establish a Dwelling, multi-family and apartment buildings (not otherwise enumerated), on w/conditions property located at 273 S. Saratoga Street, Zoning Map 34G23(A), Parcels 114*115*116 and 115A*1. 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), Approved 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), Approved 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 Approved 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK