Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JANUARY 21, 2020 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, JANUARY 17, 2020. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION January 21, 2020 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearings: A. REZONING REQUEST, RZN2019-012, (Conditional), Factory Street: submitted by Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf Goodman Square, LLC, and Goodman Developers, Inc., 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 M-2, Heavy Industrial zoning district, to RU, Residential Urban zoning district, and B-2, General Commercial zoning district, for property located at 611 and 711 Factory Street, Zoning Map 35H(3), Parcels X14, X*14A, and X17. 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, CUP2019-018, Celebration Christian Church: submitted by William B. Gross, Celebration Christian Church, applicant, on behalf of Jack Russell Management, LLC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Place of Worship, small, under 6,000 square feet in main sanctuary, on property located at 2484 Pruden Boulevard, Zoning Map 25A(7), Parcels B*1 and B*2. The affected area is further identified as being located in the Suffolk 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. 4. Old Business A. Staff Report Presentation on the Proposed Capital Improvements Plan FY 2021-2030 5. New Business A. Status Report – City Council Meeting, December 18, 2019 Page 1  B. Status Report - Preliminary Plats Approved - None 6. Commissioner’s Comments 7. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION December 17, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, December 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, Current Planning Manager Anita Hicks Grace Braziel, Planner I Johnnie Edwards Holly Steele, Planner I Kittrell Eberwine Catina Myrick, Administrative Analyst Mills Staylor The meeting was called to order by Chairman Benton and Commissioner Staylor opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. PUBLIC HEARINGS: REZONING REQUEST, RZN2019-007, (Conditional), Foxfield Meadows: submitted by Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Greg 1 Knapp, NVR, Inc., applicant, on behalf of Brian M. Clements, Cloverleaf Development, LLC, property owner, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for property located at 1241 Pitchkettle Road, Zoning Map 34, Parcels 24A. The purpose of this request is to change the approved use and density pertaining to the development of Foxfield Meadows. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RU, Residential Urban zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban Use District. The first item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Mrs. Braziel stated that this request is to amend the previously approved proffered conditions pertaining to use and density in the Foxfield Meadows subdivision. In 2009, an approved amendment of the 2006 proffers included the 114 units in the revised conditions and deleted the previously approved age restriction. At the time of that request, there was a deficit of school capacity at the high school level, thus a payment of $1,944.44 for each RU zoned unit was also added to the approved proffers to advance capacity at that level. The current request proposed to decrease the density on the subject parcel and to build detached dwellings instead of the multi-family units previously proffered. As presented and proffered by the applicant, the development would yield no more than 88 single family detached residential units, which equates to a density of 4.4 units per acre. The provided conceptual plan, which is not proffered, shows 88 single family detached units arranged along private roads accessed from Foxfield Parkway and two connections to 2 Terrywood Drive. The existing approved density is 5.7 units per acre. The proposed residential density for the subject property will be 4.4 dwelling units per acre, which is lower than the recommended density range of 6 to 12 units per acre in the Inner Ring Suburban District but higher than the existing density in the single family detached part of Foxfield Meadows, which is 2.4 units per acre. As a conventional subdivision, this development would be required to have a minimum of 2 total acres of open space with 1.4 active acres of open space. The conceptual layout provided but not proffered by the applicant shows only 0.27 acres of active open space for this development, which does not meet the minimum standard. The applicant requesting to amend the previously approved proffered conditions for Foxfield Meadows to allow for the development of an 88 detached single family units. There are nine existing proffers approved for Foxfield Meadows that apply to both the RLM and RU parcels at the site. The applicant proposed to amend the proffers for only the RU zoning district by deleting proffers #2 through #9, which include architectural design standards and road related improvements that have already been completed. The applicant also amending proffer #1 to address school impacts, and by adding new proffer #10 to limit the proposed development to no more than 88 single family detached units. The new proffers do not include any architectural standards. The purpose and intent of the adequate public facilities ordinance is to ensure that public facilities are available to support new 3 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. Because there is now a deficit of capacity at the elementary school level rather than the high school, the new proffers eliminate previous cash proffers and instead proffer a cash contribution of $3,887.00 per unit to mitigate impacts at the elementary school level. At the proffered maximum of 88 units, this would result in a cash contribution of $19,003.11 per student. This is $14,121.89 less than the calculated cost per student at this level as defined in the UDO, which is based on the project cost and capacity of the new downtown elementary school contained in the City’s Capital Improvement Plan. The calculated cost per student at the new school is $33,125. As such, impacts to the elementary school level are not adequately mitigated, and this proffer cannot be accepted. In summary, staff found this proposal to be inconsistent with adopted city plans and polices and with the existing Foxfield Meadows community. The proposed amendment would result in development that would not meet recommended densities and would not be compatible with the density, design, or layout of existing housing of the same type in the same development. The requested change would also require impacts at the elementary school level to be addressed in order to meet adequate public facilities requirements, and the voluntary proffers provided with this request do not 4 mitigate the projected impacts. Accordingly, staff recommended denial of this application. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. Mr. Saunders advised that they are reducing density, reducing impact on schools and increasing funding. They asked for the Commission’s approval of this request. There being no speakers in opposition, the public hearing was closed. Commissioner Singleton inquired about the design of the development. Gregg Knapp, 860 Greenbrier Circle, Chesapeake, VA – stated that they planned to use building materials that would complement the neighborhood to the south of the proposed development. After discussion by the Commission, Commissioner Hicks made a motion to deny this application, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2019-007, 361 E. Washington Street, Day Care Center: submitted by Shamica Bullock, applicant, on behalf of Kenneth Edmond, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Day Care, Child Day Center, on property located at 361 E. Washington Street, Zoning Map 34G25(A), Parcel B. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. 5 The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner I. Mrs. Braziel stated that this request is to permit a child day care center within an existing commercial building. The proposed hours of operation will be from 6:00 a.m. – 6:00 p.m., Monday through Friday. Drop off hours will be between 6 a.m. – 9 a.m. and pick up will be between 3 p.m. to 6 p.m. The applicant requested to have a total enrollment of up to 30 children with ages ranging from newborns to 4 years old. The proposed day care will include 2 rooms for infants 16 months to 2 years of age, and two classrooms for toddlers 2-4 years in age. The applicant proposed to employ up to 8 full and part time staff members to provide care for the proposed enrollment. The square footage required to be dedicated per child is 35 square feet. The total space dedicated for the day care is adequate for the requested maximum of 30 children. The required minimum parking for the proposed use is 7 parking spaces. The applicant proposed to utilize an existing parking lot located on the same property next to the building for customers and employees. The parking lot is shared between the Metropolitan Baptist Church located just to the south and the commercial buildings where the proposed use will be located. The parking spaces would be utilized by the church primarily during the weekend and the day care hours of operation are Monday-Friday; therefore, there is no concern with the two different uses sharing the same parking lot. The UDO does not require outdoor space for 6 commercial day care facilities; however, the applicant proposed to utilize the Tynes Street Playground that is approximately 200 feet away from the building. The park features a basketball court, green space, and play equipment. The Environmental Site Assessment identified lead paint in several areas of the first floor where the day care is proposed. The documentation states that the amount of lead detected does not pose a threat as long as the paint is intact, but does recommend several areas that should be locked to keep children out. Lead paint in day care areas is a potential hazard and should be addressed prior to occupancy by young children. Staff attached conditions to ensure that all the recommendations in both the Environmental Site Assessment and the Asbestos Inspection Report and Management Plan are addressed to ensure the safety and general welfare of the children in the facility. It was staff’s opinion that the site in question is appropriate for the proposed use; therefore, staff recommended approval of this application with the conditions noted in staff report. The public hearing was opened and speaking in favor of this application was Shamica Bullock, applicant. She asked for the Commission’s approval of this application. Also, speaking in favor of this application was Marcus Williams. Also, speaking in favor of this application was Robert L. Hobbs of Metropolitan Baptist Church. He advised that this will be an asset to the community. There being no speakers in opposition, the public hearing was closed. 7 After discussion by the Commission, 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. CONDITIONAL USE PERMIT REQUEST, CUP2019-017, Banquet Facility: submitted by Pamela Densten, Occasion LLC, applicant, on behalf of Valencia Ballard, Circle of Friends LLC, property owner, in accordance with Sections 31-306 and 31- 406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Public Assembly not Otherwise Enumerated (Banquet Facility), on property located at 127 E. Washington Street, Zoning Map 34G18(A), Parcel 284. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. The next item of business was introduced by the Chairman followed by a staff report by Holly Steele, Planner I. Ms. Steele stated that this request is to establish a public assembly use with live entertainment on the ground floor. The applicant anticipates hosting weddings, receptions, anniversaries, birthdays and corporate events. The proposed hours of operation will be from 9am-5pm Monday through Friday for office hours and 9am-11pm Sunday through Thursday and 9am-midnight Friday and Saturday for the actual event space. Parking for this property is available both on- street and in adjoining public parking lots. This combination of on-street and public parking is permitted within the CBD. The applicant proposed a warming kitchen, as food will not be prepared on site. All vendors will be contracted by Occasion, LLC to provide necessary event services such as food, music, beverages, etc. If in the future 8 food preparation other than warming is to be conducted on-site, approval from the Health Department will be required. The applicant stated that if alcohol is to be served, the guest(s) of the banquet hall must obtain the required ABC permits from the Virginia Department of Alcoholic Beverage Control. Live music, such as a DJ, is also proposed by the applicant. There is adequate on-street and off-street parking available; therefore, the Department of Public Works, Traffic Engineering, had no concerns regarding the proposed use. Entertainment-oriented uses, such as the proposed banquet facility, should not be injurious to the enjoyment of surrounding commercial and residential uses when the appropriate set of conditions are established. Due to its proximity to residential uses, it is recommended that the operating hours cease at 11 p.m. on weekdays and midnight on Friday and Saturday evenings, which is consistent with previous recommendations for similar uses. This recommendation aligns with both the applicant’s request and the Police Department’s recommendations. The proposed use of a public assembly with live entertainment, is similar to and compatible with existing uses in the surrounding area; 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 Valencia Ballard, applicant. She asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. 9 Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. CAPITAL IMPROVEMENTS PLAN: Tealen Hansen, Director of Finance, and City staff gave a presentation on the City’s Capital Improvements Plan for FY 2021-2030. STATUS REPORT: Mr. Hainley reported on the results of the November 20th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 10  MT: Hicks MT: Singleton MT: Staylor MT: PLANNING COMMISSION 2ND: Eberwine 2ND: Edwards 2ND: Edwards 2ND: MEETING TO: Deny TO: Approve TO: Approve TO: December 17, 2019 w/conditions w/conditions VOTE: 8-0 VOTE: 8-0 VOTE: 8-0 VOTE: RZN2019-007 CUP2019-007 CUP2019-017 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X Benton, Howard C. X X X X Creekmore, Oliver X X X X Eberwine, Kittrell X X X X Edwards, Johnnie X X X X Hicks, Anita X X X X Rector, John X X X X Singleton, Arthur X X X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK  PROPERTY MAP EXHIBIT C RZN2019-012 EO L A AVE W EK IVA LE W AV E I S AV E Y ST 35H(3)X14 FAC TOR ST N TY K IS SIM C OU M E E AV E 35H(3)X*14A 35H(3)X17 P LE A S A NT S T OC KLAW AH A AVE HUNT ER ST OS C E O L A AVE s WE B B S T HOS IE R R RD S T D R OY S Legend T OXFO R OY S T ( P ap Rezoning from M-2 to RU er S t r e et ) Rezoning from M-2 to B-2 User Name: bsmith Date: 12/23/2019 THIS PAGE WAS INTENTIONALLY LEFT BLANK  (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 Jack Russell Management, LLC, 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 Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, CUP2019-018, 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:________________________________________ THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF December 18, 2019 A. REZONING REQUEST, RZN2019-009, (Conditional), Hillpoint Multifamily: to amend the approved Master Plan for the Hillpoint Farms Planned Development by modifying the Approved location of previously approved commercial and high density multi-family land uses for w/conditions property located at 3094 Godwin Boulevard, Zoning Map 26F(1A), Parcel B, and to the north of Hillpoint Boulevard, Zoning Map 26F(1A), Parcel H. THIS PAGE WAS INTENTIONALLY LEFT BLANK