Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR NOVEMBER 6, 2023 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT KEVIN WYNE, AICP, DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT THE SPECIAL CALLED MEETING WILL BE HELD AT 9:00 A.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 THURSDAY, NOVEMBER 2, 2023. ARTHUR SINGLETON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION SPECIAL CALLED MEETING November 6, 2023 9:00 A.M. 1. Call to Order A. Invocation B. Roll Call 2. Public Hearings: A. REZONING REQUEST, RZN2023-003, (Conditional), Mosaic at the Riverfront: submitted by Aaron Millikin, East West Communities, applicant, on behalf of Bridgeway Mosaic, LLC, property owner, in accordance with Section 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 O-I, Office Institutional zoning district, to RU-18, Residential Urban- 18 zoning district, for property located at 7100 Bridgeway Drive, Zoning Map 6*2G, Parcel C. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned O-I, Office Institutional (Conditional) zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. B. REZONING REQUEST, RZN2023-004, (Conditional), Turlington Road Associates: submitted by Brian Layne, Parrish-Layne Design Group, applicant, on behalf of Turlington Road Associates LLC and Lacie S. Gross, property owners, in accordance with Section 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 A, Agriculture zoning district, and RLM, Residential Low Medium Density zoning district to RLM, Residential Low Medium Density zoning district, for property located at 539 Turlington Road, Zoning Map 43, Parcels 19 and 19P*1. The affected areas are further identified as being located in the Whaleyville Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. 3. Old Business 4. New Business 5. Commissioner’s Comments 6. Adjournment Page 1  STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2023-003 (Conditional), to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office Institutional zoning district, to RU-18, Residential Urban-18 zoning district. APPLICANT: Submitted by Aaron Millikin, East West Communities, applicant, on behalf of Bridgeway Mosaic, LLC, property owner. LOCATION: The subject parcel is located at 7100 Bridgeway Drive, T.M. 6*2G*C, west of Harbour View Boulevard. PRESENT ZONING: The subject parcel is presently zoned O-I, Office Institutional District. EXISTING LAND USE: The subject parcel is 11.78 acres. The property is currently undeveloped and covered by mature forest. PROPOSED LAND USE: The applicant proposes to construct 192 multi-family dwellings (eight buildings consisting of 24 dwelling units each) as age-restricted housing, which is not permitted in the present O-I zoning district. Each dwelling unit will be individually owned under a condominium form of ownership. SURROUNDING LAND USES: North: A distribution center in the Bridgeway Commerce Park zoned M-1, Light Industrial District. South: Single-family detached residential dwellings in the Rivergate at the Riverfront neighborhood zoned RU-12, Residential Urban-12 District. East: Professional office buildings on the west side of Harbour View Boulevard zoned O-I, Office Institutional District. West: Single-family detached residential dwellings in the Gables at the Riverfront neighborhood zoned RU, Residential Urban. To the northwest on the same side of Bridgeway Drive is an undeveloped parcel zoned RU, Residential Urban. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Northern Growth Area, Mixed Use Core Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located in the Chesapeake Bay Preservation Area Overlay District and designated as a Resource Management Area (RMA). FLOODPLAIN: The property falls within Flood Zone X (areas of minimal risk), as shown on Flood Insurance Rate Map (FIRM) Panels 51015600039E and 5101560043E of the City of Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 2 of 8 Suffolk, Virginia, dated August 3, 2015. 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 (UDO). Notice to the applicant, including a copy of the staff report, was also provided on October 13, 2023 and November 2, 2023. CASE HISTORY: The subject parcel was originally rezoned as part of the Bridgeway Commerce Park in 2004 and established in its present configuration by subdivisions in 2005 (FS-2005-11) and 2006 (FS-2006-27). The other non-residential properties lying on the western side of Harbour View Boulevard have either since been developed for industrial uses (on Park Drive) or office uses (on Harbour View Boulevard). STAFF ANALYSIS ISSUE: The applicant is requesting to amend the zoning of the subject parcel from the O-I, Office Institutional District, to RU-18, Residential Urban-18 District (Conditional) in order to develop the Mosaic at the Riverfront consisting of 192 multi-family housing units for “older persons” as that term is defined in the Virginia Fair Housing Law. The rezoning is requested for the purpose of constructing eight (8) four-story buildings consisting of 24 dwelling units each along with parking areas, landscaping/buffers, sidewalks, trails, and related improvements. In addition to limitations on the number (192) and type (age-restricted) of dwelling units, the applicant has voluntarily proffered that all units will be individually owned as condominiums whereby the buildings, parking areas, and common areas will be owned by a condominium owners’ association. The subject parcel contains two narrow strips of land connecting the main portion of the property on Bridgeway Drive to Park Drive and College Drive at the intersection of Harbour View Boulevard. The applicant has proffered to construct a public walking trail and/or sidewalk within these strips of land to connect the existing sidewalk on Bridgeway Drive to College Drive immediately north of the roundabout at College Drive and Harbour View Boulevard. This public walkway will improve pedestrian connectivity between residential neighborhoods in Harbour View and shopping and dining opportunities in The Point at Harbour View. The proposed multi-family project is an infill development and transitional use between single- family residential uses to the south and west and office and industrial uses to the north and east. The site will be served by two entrances constructed on Bridgeway Drive across from Longtail Drive and Bowrider Drive. The Conceptual Plan (attached) proposes the preservation of existing trees along the northern, western, and eastern property lines for use as buffers and planting of landscaping along the frontage of the property on Bridgeway Drive. CONSIDERATIONS AND CONCLUSIONS In accordance with Section B-4 of Appendix B of the UDO, rezoning applications shall include a Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 3 of 8 statement of the reasons for seeking an amendment and such supplemental materials as necessary to determine the nature and impacts of the proposed project. The rezoning narrative states that the proposed RU-18 zoning and multi-family development provides a better transition than the existing O-I zoning between single-family housing in the Riverfront and existing office and industrial uses in Bridgeway Commerce Park. The Traffic Impact Analysis (TIA) and applicant response found that the rezoning would result in less traffic from the 192 multi-family dwelling units proposed in the requested rezoning compared to 90,000 square feet of office space by right. The applicant will construct a pedestrian trail or sidewalk from the existing public sidewalk along the front of the property on Bridgeway Drive to Park Drive and College Drive, enhancing the pedestrian network in the northern area of Harbour View. Although a distribution center adjoins the property to the northwest, the existing mature forest covering the property, consisting of dense canopy and understory trees, provides sufficient opportunities for screening the adjacent distribution center (BCP Suffolk) as well as the trailer storage lot and stormwater management facility directly behind the property. 1. Comprehensive Plan The subject property is located within Northern Growth Area and Mixed Use Core Use District in the 2035 Comprehensive Plan. The purpose of the growth areas is to accommodate forecasted development in two distinct areas of the City where public infrastructure is provided or planned, thereby reducing sprawl and providing for more efficient and effective service delivery. The Northern Growth area surrounds the Interstate 664, U.S. Route 17 (Bridge Road), Shoulders Hill Road, and Bennetts Pasture Road corridors in the northern area of the city, and the Mixed Use Core District represents the land use district of highest density/intensity adjacent to I-664. According to the Plan, the Northern Growth Area Mixed Use Core District “has significant amounts of greenfield development opportunities that can build upon the successes of the existing high technology businesses.” Residential uses in the district consist solely of multi-family dwellings at a recommended density range of 25-40 dwelling units per acre in Urban Neighborhoods “arranged in a compact, walkable form.” In additional to growth areas and use districts, the Comprehensive Plan contains a number of policies and actions related to land use and transportation that should be considered when considering a requested rezoning. The following policies are relevant to the current request: Policy 2-1: Keep development focused in designated Growth Areas in the City. The rezoning request is located within the Northern Growth Area, one of the City’s two designated growth areas. As such, the request is consistent with Action 2-1A supporting “higher density/intensity development in focused Growth Areas.” Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 4 of 8 Policy 2-2: Assure that development occurs in a predictable and orderly manner. The requested RU-18 zoning is consistent with the prevailing zoning of residential neighborhoods in the vicinity of the subject parcel, particularly the two Residential Urban (RU) districts lying adjacent to the south and west, where less intensive residential uses transition to higher density zoning as one travels east toward commercial areas on Harbour View Boulevard. The subject parcel is the sole remaining undeveloped property west of the offices fronting on Harbour View Boulevard that remains zoned for non-residential (office, industrial, etc.) use. By extending Residential Urban zoning to the subject property for this proposed residential infill project, this request advances a predictable and orderly expansion of the prevailing development pattern in this area of Harbour View. This action is consistent with Action 2-2A, which aims to “assess the City’s zoning framework to identify locations where the City’s current regulations do not reinforce the intent and spirit of the comprehensive plan.” Policy 2-4: Promote compatibility in land use patterns. Bridgeway Drive exhibits a residential character behind the office buildings on Harbour View Boulevard where single-family residential uses occupy the left (south) side of the street and two undeveloped properties occupy the right side, including the subject parcel. The proposed zoning is consistent with that of the adjacent undeveloped property on the same side of the street (also zoned Residential Urban), which is designated as Open Space Parcel 8D on the final subdivision plat of The Riverfront at Harbour View recorded in 2016. The proposed RU-18 zoning of the subject property is likewise compatible with the land use pattern and Residential Urban (RU-12) zoning directly across the street The Rivergate at Riverfront. Although permitted by right, professional office uses and the O-I designation are more appropriate for properties on Harbour View Boulevard and incompatible with the prevailing residential land use pattern on Bridgeway Drive. Policy 4-1: Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel. The proffered dedication of a public access easement and construction of a public sidewalk or trail across the subject property from Bridgeway Drive to Park Drive and College Drive promotes walking for recreation and travel by residents of Harbour View. Although a sidewalk has been built on the east side of Harbour View Boulevard, residents must currently cross multiple travel lanes on Harbour View Boulevard at unsignalized intersections to reach shopping and dining destinations due the sidewalk being incomplete on the west side of the road. This proffered mid-block pedestrian connection across the subject property makes “bicycling and walking [to these destinations] more viable” in accordance with Action 4-1A. Construction of this alternative will provide a safer route and crossing at the Harbour View Boulevard-College Drive roundabout for pedestrians walking from neighborhoods on Bridgeway Drive to and from shopping and dining destinations on Harbour View Boulevard, including The Point at Harbour View currently under construction. Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 5 of 8 Policy 4-5: Provide facilities and policies that ensure adequate multi-modal access throughout the growth areas of the City. The aforementioned public sidewalk and trail proffered by the applicant will help “implement a bikeway and trail system serving both recreation and functional purposes” for the residents of Harbour View and the Mosaic at the Riverfront consistent with Action 4-5F. This Plan states that trails and bikeways are “a quality of life attribute…[providing] residents with numerous opportunities for non-auto oriented activities. For both residents and businesses, it is a direct indication of the commitment of the City to the high quality of life for its citizens.” 2. Unified Development Ordinance The purpose of the RU-18 District, per Section 31-402 of the Unified Development Ordinance (UDO), is to designate a “high density district allowing for primarily single family attached and multi-family dwelling units in interconnected and multi-modal neighborhoods at a maximum density of 18 units per acre. This district is intended to provide greater housing options, be retail supportive, complement existing, surrounding neighborhoods, and shorten travel times of its residents.” Staff anticipates that the proposed zoning and use of the property at the scale proposed will achieve this purpose by complimenting existing residential neighborhoods and supporting retail businesses in Harbour View. In Section 31-408 (f) of the UDO, the criteria to apply in establishing any RU-18 zoning classification include minimizing “pedestrian and vehicular conflicts” by establishing “a system of sidewalks and pedestrian amenities which provide connectivity to surrounding neighborhoods, while ensuring adequate separation of pedestrian and vehicular movements.” As discussed throughout this report, the proffered pedestrian improvements associated with this rezoning request meet this criterion. Staff evaluated the Conceptual Plan for compliance with the basic zoning requirements for multi-family dwellings in the RU-18 District, which establish floor area ratio (FAR), maximum height, minimum setbacks, and similar requirements for buildings, minimum off-street parking, and standards for impervious coverage and landscape buffers. In addition to buffering along the property line adjacent to the professional offices to the east, the applicant will be required to establish or preserve a buffer along the rear of the parcel adjacent to the commercial trailer storage lot and stormwater management facility on the distribution center site directly behind it to the north. The configuration of improvements on the conceptual plan were found generally to be accordance with applicable zoning requirements, and staff will ensure that the project complies with all zoning requirements and applicable design standards during site plan review. Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 6 of 8 3. Adequate Public Facilities The purpose of the City’s public facilities provisions is to ensure that adequate public facilities are available to support new developments relative to their impacts such that public facilities meet or exceed the Level of Service (LOS) standards established in the Comprehensive Plan consistent with Section 31-601 of the UDO. These provisions require applications for development approval that result in an increase in the development density/intensity of a parcel to be evaluated by applicable City departments to determine whether adequate public facilities are available at the time of the proposed development. Public Water and Sanitary Sewer City water and sewer is available by means of a 10-inch water main in Bridgeway Drive and 8-inch branch line leading to the subject property. Sanitary sewer is available by way of an 8-inch sewer stub on the site that branches off the existing 8-inch line in Bridgeway Drive, which in turn discharges to Pump Station 115. The Department of Public Utilities noted that a detailed pump station analysis is needed to rule out any potential upgrades that may be required due to increased flows. Detailed evaluations are required as part of site design. The Department of Public Utilities evaluated the applicant’s Public Facilities Report and the effects of the project on public water and sanitary sewer relative to the capacity of existing lines serving the property. Upon reviewing the revised Public Facilities Report, the Department of Public Utilities issued no objections to the rezoning request. Stormwater Management The Department of Public Works, Engineering Division evaluated this rezoning request and noted that construction must commence prior to July 1, 2024 in order to remain within the time limits of applicability of the prior Virginia Stormwater Management Program (VSMP) standards utilized for the Harbour View Master Plan. The applicant was informed that failure to initiate construction prior to that date will require redesign of stormwater management facilities on the site to comply with the amended law and regulations. A wetland delineation conducted by Stantec located three areas of wetlands on the site totaling 0.26 acres as shown on the Rezoning Exhibit (Exhibit D). Two of these areas consisting of 0.11 acres will be impacted (filled) to accommodate proposed development of the property; the other 0.15-acre wetland near the western property boundary is proposed to be preserved. Impacts to wetlands require permits from the U.S. Army Corps of Engineers (ACOE) at the time of site plan submittal prior to approval. A Water Quality Impact Assessment (WQIA) was provided by the applicant in support of this request as required by Section 31-415 of the UDO. Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 7 of 8 Transportation The applicant indicates that traffic generated by the rezoning would be less than that generated by 90,000 square feet of office space in the by-right scenario and that the additional daily, morning and evening peak hour trips generated by the use would have no major operational impacts when compared to the ‘No Build’ scenario. The Department of Public Works, Traffic Engineering Division evaluated the conceptual plan, traffic impact analysis (TIA), and other application documents associated with this rezoning request and noted several omissions in the first submittal that were incorporated by the applicant into the revised TIA. Upon resubmittal, Traffic Engineering issued no objections. Fire and Rescue The Department of Fire and Rescue has determined that additional fire lanes must be provided to three of the buildings, including the two closest to the western property boundary. Fire access roads or drives must extend within 150 feet of the most remote exterior portions of these buildings. Sufficient space exists on the western portion of the property behind these buildings to accommodate this requirement; compliance will be administered upon site plan review prior to approval. Fiscal Impact The Fiscal Impact Study provided found an overall positive fiscal impact of $6.85 million to the City over the ten-year period analyzed, or approximately $3.14 in revenue for every $1.00 in cost the City incurs as a result of the development. Since no new school-aged children or public school students will be generated by this aged-restricted development, no education operating or capital costs were identified. 4. Proffered Conditions The applicant has voluntarily proffered the following conditions in support of this proposed rezoning: 1. All units shall be occupied as “housing for older persons” as such term is defined in Section 36.96.7(A) of the Virginia Fair Housing Law, Title 36, Chapter 5.1 of the Code of Virginia (1950), as amended. 2. The overall density shall not exceed 192 units. 3. All units will be multi-family use with each unit being individually owned. 4. The building structures, common areas and common area improvements will be owned under a condominium type ownership. Planning Commission November 6, 2023 RZN2023-003 (Conditional) Page 8 of 8 5. From the existing pedestrian facilities located on the frontage of Bridgeway Drive, the Applicant will provide a public access easement and construct a pedestrian path or sidewalk within such easement connecting to Park Drive. Along Park Drive to the College Drive/Park Drive intersection, the Applicant will construct a pedestrian path or sidewalk built to City standards in a public access easement. RECOMMENDATION Based on this review, staff finds that this conditional rezoning request is consistent with the principles of the 2035 Comprehensive Plan and provisions of the Unified Development Ordinance. In addition, adequate public facilities are available at the time of this proposed rezoning. Accordingly, staff recommends approval of this conditional rezoning application with the proffered conditions tendered by the applicant. Attachments • General Location Map • Zoning/Land Use Map • Project Narrative • Conceptual Plan • Public Comments • Proposed Ordinance • Exhibit A - Planning Commission Recommendation • Exhibit B – Voluntary Proffer Statement • Exhibit C – Property Map • Exhibit D – Rezoning Exhibit  GENERAL LOCATION MAP RZN2023-003 _ ^ Subject Property North Growth Area _ ^ SUBJECT PROPERTY VILLAGE MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL City of Chesapeake, VGIN, Esri, HERE, Garmin, SafeGraph, GeoTechnologies, Inc, METI/NASA, USGS, EPA, NPS, USDA Author: TINGALSBE Date: 06-12-2023 0 0.5 1 2 3 4 Miles ±  ZONING/ LAND USE RZN2023-003 EAST RD IMA BU CA CK DR EY VE E N C RD ST T RI RR OW EC EL ME JA ME R AL E EN G CP M-1 W EL LN ER CO DR LL EG R ED Subject Property RU R D B DR D CLU R FO ST OW E DR 6*2G*C 306001336 O-I BR IDG EW JO AY N BO D R AT DR VD COLLEGE BOWRIDER DR BL DR IFT EW VD DR DR ER VI BL UR W MA B O VIE R R RR HA OU ACE R NG Y NPL RB TOW AY RU-12 TA HA WA W IL TT D G NOR IO LO RU T M HR M O AN P PL PL EY OO DL W NO RT HR IVE M-1 WA RR ED TER GE S LN D PD ± Image: Suffolk Pictometry 2021 Author: TINGALSBE 0 250 500 1,000 1,500 2,000 Date: 06-12-2023 Feet  NARRATIVE DESCRIPTION OF THE PROPOSED USE Parcel 8C (Tax Map Number: 6*2G*C) is proposed to be developed as a senior adult housing community consisting of 8 multi-family buildings. Each building will be a 4-story structure consisting of 24 units. Each unit will be individually owned and the building structure, common areas, and common improvements owned under a condominium type of ownership. The site will satisfy the required parking requirements and will include two means of ingress/egress. A pedestrian path will be provided within the ‘flag’ portion of the parcel to satisfy the active open space requirements for the development and the residents will have the opportunity to enjoy the amenities at The Riverfront Swim Club located on the south side of Bridgeway Drive and accessible by the pedestrian path around the perimeter of the lake immediately opposite the proposed development. LEGEND PERVIOUS COVER : ACTIVE OPEN SPACE: TOTAL PARCEL AREA: 11.780 ACRES TOTAL PERVIOUS AREA: 6.13 ACRES (52%) TOTAL IMPERVIOUS AREA: 5.65 (48%) TOTAL WETLANDS AREA: 0.26 AC TOTAL WETLANDS AREA IMPACTED: 0.11 AC MIN PARKING REQUIRED: 192 SPACES MAX PARKING ALLOWED: 384 SPACES PARKING PROVIDED: 346 SPACES PROPOSED USE: 192 MULTI-FAMILY DWELLINGS PROPOSED DENSITY: 192 UNITS / 11.78 AC = 16.30 MAXIMUM DENSITY: 18 MAXIMUM BUILDING HEIGHT: N/A FLOOR AREA RATIO: 1.85 AC / 11.78 AC = 0.16 MAXIMUM FLOOR AREA RATIO: 2 IMPERVIOUS SURFACE RATIO: 5.65 AC / 11.78 AC = 0.48 MAX IMPERVIOUS SURFACE RATIO: 0.7 REQUIRED ACTIVE OPEN SPACE: 200 SF / UNIT = 38,400 SF PROVIDED ACTIVE OPEN SPACE: 71,555 SF © 25' 10' REAR BUILDING SETBACK BUILDING AND LANDSCAPE BUFFER OFFSET CONCEPTUAL BLDG #4 4 STORY BLDG #6 24 UNIT 4 STORY BLDG 24 UNIT BLDG #7 5' SIDE FFE: 17.8 BLDG 4 STORY BUILDING FFE: 16.0 24 UNIT BLDG SETBACK FFE: 16.5 BLDG #5 5' SIDE 4 STORY 24 UNIT BUILDING LAYOUT BLDG SETBACK FFE: 16.5 BLDG #8 N/F 4 STORY PARCEL 8B 24 UNIT BLDG BRIDGEWAY COMMERCE PARK FFE: 16.0 BLDG #3 BLDG #2 4 STORY 4 STORY BRIDGEWAY MOSAIC, LLC. 24 UNIT BLDG #1 24 UNIT 4 STORY BLDG BLDG FFE: 16.5 24 UNIT BLDG FFE: 16.2 FFE: 16.5 PARCEL 8C PREPARED FOR 20' FRONT BUILDING SETBACK RTH NO 1  25' 10' REAR BUILDING SETBACK BUILDING AND LANDSCAPE BUFFER OFFSET BLDG #4 4 STORY BLDG #6 24 UNIT 4 STORY BLDG 24 UNIT BLDG #7 5' SIDE FFE: 17.8 BLDG 4 STORY BUILDING FFE: 16.0 24 UNIT BLDG SETBACK FFE: 16.5 BLDG #5 5' SIDE 4 STORY 24 UNIT BUILDING BLDG SETBACK © FFE: 16.5 BLDG #8 4 STORY 24 UNIT BLDG FFE: 16.0 CONCEPTUAL BLDG #3 BLDG #2 LAYOUT & TREE 4 STORY 4 STORY 24 UNIT BLDG #1 24 UNIT 4 STORY BLDG BLDG 24 UNIT BLDG CLEARING FFE: 16.2 FFE: 16.5 FFE: 16.5 BRIDGEWAY MOSAIC, LLC. PARCEL 8C PREPARED FOR 20' FRONT BUILDING SETBACK LEGEND RTH LIMITS OF TREE CLEARING : NO ±326,700 S.F. - ±7.50AC. WETLAND IMPACTS: 2 PUBLIC COMMENTS RZN2023-003 Riverfront (in particular, for residents in the Rivergate and Gables sections) from the large trucking distribution center immediately behind the proposed condominium buildings. - The proposed development calls for the filling in of two wetlands areas (0.26 acres and 0.11 acres), again negatively impacting the wildlife in the area. (Riverfront residents were told these were protected wetlands.) - The proposed use of existing trees along the northern, western, and eastern property lines for “buffers” is inadequate to reduce noise to Riverfront residents from the trucking distribution center behind the condominium buildings. -- First, after removing all the trees and undergrowth from the approximately 120-ft deep site, few if any trees will be left along the northern property boundary. (If we hear noise from the distribution center all day long through 120 ft of trees, how much will the noise increase when there is only at best 10-20 feet of trees) -- Second, it appears that all the trees along the eastern boundary of the property will need to be removed to accommodate the proposed 30-ft wide “walking path.” (And a 30-ft walking path seems likely to transition in the final phases of construction to be a 30-ft wide road.) Additionally, is a walking path needed—could not the sidewalk be finished for the remaining block on the west side of Harbour View Blvd? -- Third, East West’s own site proposal (presented to Riverfront residents at a meeting hastily convened by East West at Liberty Church on 12 October) appears to show the removal of the trees along the western boundary of the property to accommodate their proposed 120-ft deep by approximately 20-30-ft wide “green buffer zone.” Planting of new, immature trees will do little to reduce the noise from the trucking distribution center and leaving only a 20-30-ft wide strip of the existing trees will similarly do little to limit the noise. - The proposed multi-family condominium project will negatively impact the value of nearby single-family homes (especially those in Rivergate and The Gables). - As experienced by the apartment complexes added near Riverfront along College Drive and Harbour View Blvd, several hundred vehicles parked in the constrained open space of the parking lots at the proposed condominium development will likely result in increased crime in the area as the criminals already targeting the apartment complexes will see this proposed condominium project as an additional easy target for thefts from vehicles. We realize that East West wants to develop the last remaining piece of property in their Riverfront community, that they have the right to do so, and that it is unlikely in the foreseeable future that they could profitably build a single-story O-I complex there such as those at the entrance of the community. However, we believe a multi-family development of eight, four-story buildings with a total of 192 condominiums is inconsistent within the existing residential community and will negatively impact the quality of life for existing residents in the third phase of Riverfront (the northernmost and final phase of Riverfront’s development). We implore the Planning Commission to not/not approve this proposed condominium development If the property cannot remain undeveloped, we suggest that East West look at building appropriate designed and priced single-family homes consistent with the rest of the Riverfront community. Thank you very much for your consideration of our concerns. 2 ORDINANCE NO. ________________ AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM O- I, OFFICE/INSTITUIONAL ZONING DISTRICT, TO RU-18, RESIDENTIAL URBAN-18 ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 7100 BRIDGEWAY DRIVE, ZONING MAP 6*2G, PARCEL C, ACCOUNT NUMBER 306001336; RZN2023-003 (CONDITIONAL) WHEREAS, Aaron Millikin, East West Communities, applicant, on behalf of Bridgeway Mosaic, LLC, property owner, has requested to rezone and amend the official zoning map of the City of Suffolk from O-I, Office/Institutional District, to RU-18, Residential Urban-18 zoning district (Conditional), for property located at 7100 Bridgeway Drive, Zoning Map 6*2G, Parcel C, which land is depicted on Exhibit “C”; and, WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on November 15, 2023, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibit “A”, “Planning Commission Recommendation”, Exhibit “B”, “Voluntary Proffer Statement”, Exhibit “C”, “Property Map,”, and Exhibit “D,” “Rezoning Exhibit”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. A. Council finds that the proposed rezoning is reasonable and warranted due to a change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change;  5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and 13. the expressed purpose of the City’s Unified Development Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia (1950), as amended (“Va. Code”). B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 3. Rezoning. 1. The conditions proffered in the attached Exhibit “B” be, and they are hereby, accepted. 2. The property as shown on the attached Exhibit “C” is hereby, conditionally rezoned and the official zoning map be, and it is hereby, amended from O- I, Office/Institutional, to RU-18, Residential Urban-18 zoning district (Conditional). 3. The foregoing rezoning and amendment to the official zoning map are expressly made subject to the performance of the conditions hereby  proffered and accepted and these conditions shall remain in effect until a subsequent amendment changes the zoning of the property; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. Section 4. 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 the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified. READ AND PASSED: _________________________ TESTE: _________________________ Erika S. Dawley, City Clerk Approved as to Form: _______________________________________ William E. Hutchings, Jr., City Attorney  Exhibit A RESOLUTION NO. 23-10-2 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2023-003 (CONDITIONAL) TO CHANGE THE ZONING FROM O-I, OFFICE/INSTITIONAL ZONING DISTRICT, TO RU-18, RESIDENTIAL URBAN-18 DISTRICT ZONING DISTRICT, FOR PROPERTY LOCATED AT 7100 BRIDGEWAY DRIVE, ZONING MAP 6*2G, PARCEL C, ACCOUNT NUMBER 306001336 WHEREAS, Aaron Millikin, East West Communities, applicant, on behalf of Bridgeway Mosaic, LLC, property owner, has requested to rezone and amend the official zoning map of the City of Suffolk from O-I, Office/Institutional, to RU-18, Residential Urban-18 (Conditional); 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. A. The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources;  9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and 13. the expressed purpose of the City’s Unified Development Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia (1950), as amended (“Va. Code”). B. The Suffolk Planning Commission makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, RZN2023-003 (Conditional), 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 PASSED: __________________________ TESTE: __________________________  PROPERTY MAP EXHIBIT C RZN2023-003 EAST RD CA BU VE CK DR EY E N IMA IC RD JA TR RR ME EC ST EL ME OW L ERA EN G W EL LN ER CO DR LL EG R ED DR Subject Property RD B DR FO CLU ILTO CT N HA ST M OW DR E 6*2G*C 306001336 BR IDG EW JO AY N BO DR AT COLLEGE DR D R VD BL BOWRIDER DR DR EW D IFT VI LV DR ER B UR B O IEW MA R V HA UR RR AC E NPL R O NG TOW AY IO TA RB Y W IL HA WA D G NOR TT LO RU T M HR M O AN P PL PL EY OO DL W NO RT HR WA IVE RR ED TER D GE S LN Author: TINGALSBE Date: 06-12-2023 0 250 500 1,000 1,500 2,000 Feet ±  EXHIBIT D REZONING EXHIBIT N/F PARCEL 8B BRIDGEWAY COMMERCE PARK N T OR H PARCEL 8C 2 PREPARED FOR EXISTING & © BRIDGEWAY MOSAIC, LLC. PROPOSED ZONING  STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2023-004 (Conditional), Turlington Road Associates, a request to rezone and amend the official zoning map of the City of Suffolk to change the zoning from A, Agricultural zoning district, and RLM, Residential Low-Medium Density zoning district to RLM, Residential Low Medium Density zoning district (Conditional). APPLICANT: Brian Layne, Parrish-Layne Design Group, applicant, on behalf of Turlington Road Associates LLC and Lacie S. Gross, property owners. LOCATION: The subject properties are located at 539 Turlington Road, Zoning Map 43, Parcels 19 & 19P*1. PRESENT ZONING: The subject properties are located at 539 Turlington Road, Zoning Map 43, Parcels 19 and 19P*1. EXISTING LAND USE: The subject properties combined are 81.2 acres in size. Tax Parcel 43*19 largely consists of cultivated farmland, with the northeastern portion of the property consisting of farm buildings, outbuildings, and a gravel parking area. Tax Parcel 43*19P*1 is a residential property, which currently consists of a single-family dwelling. PROPOSED LAND USE: The applicant proposes to rezone both properties to RLM, Residential Low-Medium Density zoning district (Conditional), for the purpose of developing a single-family detached cluster development. SURROUNDING LAND USES: North Single-family detached homes zoned, A, Agricultural zoning district. South Single-family detached homes and cropland zoned A, Agricultural and RLM, Residential Low-Medium Density zoning district. East Single-family detached dwellings and a church zoned RLM, Residential Low-Medium Density zoning district. West Single-family detached dwellings and cropland zoned A, Agricultural zoning district. COMPREHENSIVE PLAN: 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located (CBPA) and is designated as a Resource Management Area (RMA). FLOOD PLAIN: The property falls within Zone X, as shown on Panel 0210D of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated November 16, 2011. PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 2 of 7 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. A notice, containing a copy of the staff report, was also provided to the applicant on October 13, 2023, and November 2, 2023. HISTORY: Previously in 2018, Tax Parcel 43*19 was subject to a conditional rezoning request, RZN2018-009 to rezone the property to RLM, Residential Low-Medium Density zoning district for the purpose of developing a cluster development consisting of 101 single-family detached dwelling units. The request was denied by City Council. Tax Parcel 43*19P*1, the smaller parcel, was not a part of the previous rezoning application and is now included as a part of the current request. STAFF ANALYSIS ISSUE The applicant proposes to conditionally rezone 81.2 acres of the property located at 539 Turlington Road, Zoning Map 43, Parcels 19 and 19P*1, from A, Agricultural zoning district and RLM, Residential Low-Medium Density zoning to district to RLM, Residential Low-Medium Density (Conditional). The purpose of the rezoning is to allow for the development of a cluster subdivision consisting of a maximum of 113 single-family detached units, as proffered by the applicant. Wetlands are located along the southern and northern portions of the parcel and extend down the center of the parcel, occupying approximately 31.5 acres of the site; thereby, reducing the potential number of units that could be realized. After subtracting out the total amount of critical area, the parcel is left with approximately 48 acres of developable acreage; therefore, the proposed net density for this development would be 2.27 units per acre. The subject parcel is located approximately 2 miles from the intersection of Carolina Road (Route 13) and Turlington Road, and is approximately 2 miles from the Holland Road (Route 58) business corridor. CONSIDERATIONS AND CONCLUSIONS In accordance with Appendix B, Section B-4 of the Unified Development Ordinance, rezoning applications must include a statement of the reasons for seeking an amendment to the zoning maps of the City of Suffolk. for seeking the rezoning. The parcel is located in Central Growth Area and there has been investment in public facilities by upgrading the water and sewer service and the utility service areas. The applicant has further stated that the surrounding land uses consist of single-family detached homes and the adjacent church. Additionally, the applicant has stated that a neighborhood meeting was organized and held in the adjacent Church with many neighbors and stake holders present. 1. Comprehensive Plan According to the 2035 Comprehensive Plan, the subject property is located within the Central Growth Area, Suburban Use District. The Suburban Use District is intended to primarily be composed of traditional residential subdivisions. Single-family dwellings are the most common use found in this district. Neighborhoods should be designed with sidewalks and be pedestrian Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 3 of 7 friendly at a recommended density of 1-5 dwelling units per acre. Retail uses in this district are primarily neighborhood-scale centers. Civic buildings and community facilities are also appropriate. Civic buildings and community facilities are also appropriate. As previously stated, the proffered number of 113 dwelling units as a part of this rezoning request would result in a net density of 2.27 units per acre, which falls within the recommended density of 1-5 units per acre in the Suburban Use District. The requested RLM (Conditional) zoning district and proffered unit count are found to be compatible with the surrounding development use patterns. The Comprehensive Plan sets specific themes and policies related to land use, transportation, open space, and the environment that should be considered when contemplating a rezoning application. rezoning to the RLM, Residential Low-Medium Density zoning district (Conditional), is consistent with the policies of the 2035 Comprehensive Plan. Relevant to this application are the following: Policy 2-1: Keep development focused in designated Growth Areas in the City. Action 2- density/intensity development in focused Growth Areas. The proposed rezoning from A, Agricultural, to RLM, Residential Low-Medium Density (Conditional), would result in an increase in the permitted residential density for the subject properties within the Central Growth Area, Suburban Use District. Thus, this rezoning aligns with Action 2-1A. Policy 2-2: Assure that development occurs in a predictable and orderly manner. The surrounding parcels along Turlington Road are primarily zoned RLM, Residential Low-Medium Density zoning district. This site would be developed at a low to moderate density and is a good balance of accommodating the recommendations of the Suburban Use District. The proposed rezoning to RLM, in conjunction with the proffered number of 113 dwelling units, is expected to continue predictable and orderly development in this area as outlined by the Comprehensive Plan. Presently, there is an Engineering Plan under review on the adjoining parcel to the south of the subject parcel for the Meadows Landing Phase 3 subdivision. Once completed there will be an existing right-of-way connection stub to the subject parcel (Tax Parcel 43*19), as required and outlined in Section 31-612 (f)(3). Should a stub- out connection be established at the time of development plan review, the development would be required to connect into Meadows Landing, Phase 3, in accordance with Section 31-612 of the Unified Development Ordinance (UDO). Policy 2-4: Promote compatibility in land use patterns. The proposed rezoning to the RLM (Conditional) district and the maximum density of roughly 2.27 dwelling units per acre is found to be compatible with nearby established neighborhoods. The proposed cluster development is consistent and similar to single Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 4 of 7 family subdivisions on Turlington Road, including Turlington Park, Meadows Landing, Millstone, Linwood, and the Brewers Meadow subdivisions. Policy 4-1: Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel. Action 4-1A: Focus development in the two Suburban/Urban Growth Areas based on the densities shown in Chapter 3. The proffered density of 2.27 units per acre falls within the recommended density for the Suburban Use District. Further, moderate-density residential development at this site should offer additional support for commercial uses along the Holland Road (Route 58) Business Corridor. Policy 5-1: Relate the availability of municipal services and facilities to the location and pace of growth. Action 5-1B: Continue to tie development approval to the adequacy and findings of public facilities. This proposal includes on-site improvements to the public water, sewer, and street networks, and stormwater management and mitigates anticipated off-site impacts to the school system through the advancement of capacity. Each of these items is discussed in detail below. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. Action 6- housing types, such as single-family detached, single-family attached, and multi- family. The requested change in zoning would allow for an increase in density at the subject property which currently allows only one dwelling unit per acre. The proposed rezoning is more compatible with the Comprehensive Plan than the existing Agricultural zoning designation for the property. 2. Unified Development Ordinance Section 31-403 of the Unified Development Ordinance provides a purpose statement for each zoning district to assist in evaluating the compatibility of any rezoning request. The purpose of the RLM district is to allow for low-medium density, single-family residential uses where adequate public facilities and services exist or are planned with capacity to serve development. Residential low-medium density provides a flexible minimum and maximum lot size in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive land areas. RLM zoning is most appropriate for the Suburban Use District. Applicable Place Types: Traditional Neighborhood Center, Traditional Neighborhood, Suburban Neighborhood, Corridor, and Special District. Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 5 of 7 3. Adequate Public Facilities The purpose and intent of the adequate public facilities ordinance is to ensure that public facilities are 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 Unified Development Ordinance. No rezoning request or proffer amendment should be approved which would cause a reduction in the levels of service standards for any public facility impacted. The public facilities impacted by the proposed development are discussed individually below. Public Water and Sanitary Sewer Based on the information provided in the Public Facilities Report, there appears to be adequate water and sewer infrastructure to support the proposed development. The Department of Public Utilities has no objections. Stormwater Management Based on the information provided, the Department of Public Works Engineering has no objections to this rezoning. An Environmental Site Assessment was provided as a part of this request. Compliance with state stormwater requirements will be reviewed at the time of development plan submittal. Transportation generate 83 peak a.m. vehicular trips and 111 peak p.m. vehicular trips. The Department of Public Works, Traffic Engineering Division, reviewed the Traffic Impact Study (TIS) and associated voluntary proffers and found them both to be acceptable. Proffer #3, as presented, directly addresses traffic-related improvements and reads as follows: Proffer #3 Entrance turn lanes on Turlington Road shall be constructed as required by the Suffolk City Code and as recommended in the approved Traffic Impact Analysis dated October 2023. The improvements outlined in the Traffic Impact Study are as follows: 1. The owner will construct standard entrance turn lanes as a part of this project. Schools The subject property is currently assigned to Lakeland High School, Forest Glen Middle School, and Kilby Shores Elementary. As Tax Parcel 43*19 is zoned Agricultural, it is assumed that the property could yield a maximum of three (3) cuts and residue; therefore, four (4) single-family dwelling units by right. Additionally, as Tax Parcel 43*19 is zoned Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 6 of 7 RLM, it assumed that the property could yield a maximum of four (4) single-family dwelling units by right. As such, a credit of two (2) elementary students would be applied. After subtracting the students that may be generated by a by-right development, the net impact of this rezoning request when subtracting the credit for the potential by-right development would be 20 elementary school students, 11 middle school students, and 15 high school students. After considering the current student enrollment, the total committed development, and the net students that are expected to be generated from the proposed development, the high school and middle school levels have sufficient capacity to absorb the additional students generated by this proposal. There is a current surplus as the elementary school level of eight (8) students; however, there would be a deficit at this level based on the proposed generation rates. The current FY2024-2033 Capital Improvements Plan contains a replacement school for Kilby Shores that will create additional capacity at this impacted facility. As such cash contribution towards the advancement of capacity may be accepted. In order to properly mitigate impacts to the elementary school levels, the applicant would need to provide a total cash contribution of $359,005.50, divided by elementary school students equates to a cost of $35,900.55 per student or $3,177.04 per housing unit. The developer has proffered 4. Fiscal Impact Analysis A Fiscal Impact Analysis was submitted in support of this rezoning. The FIA states that 75% of construction materials are to be purchased in the City of Suffolk, resulting in an average sales of $32,000,000.00 for city businesses during the construction phase of this development. 5. Proffered Conditions The applicant has proffered three conditions in support of this request. The first proffer pertains to school contributions as discussed above. The second proffer limits the development to a cluster subdivision with a maximum of 113 single-family detached dwellings. Lastly, Proffer #3 pertains to traffic improvements, which were outlined in the Transportation section of this report. RECOMMENDATION In summary, the proposed rezoning of parcels 43*19 and 43*19P*1 from the A, Agricultural zoning district and RLM, Residential Low-Medium Density, to the RLM, Residential Low- Medium Density zoning district (Conditional), is consistent with the policies of the 2035 Comprehensive Plan. The proposed density of roughly 2.27 units per acre is expected to be compatible with the surrounding land uses. Therefore, staff recommends approval of Rezoning Request, RZN2023-004 (Conditional), with the proffers as submitted. Attachments General Location Map Planning Commission November 6, 2023 RZN2023-004 (Conditional) Page 7 of 7 Zoning/Land Use Map Project Narrative & Reasons for Rezoning Conceptual Layout Public Comments Proposed Ordinance Exhibit A Planning Commission Recommendation Exhibit B Voluntary Proffer Statement Exhibit C Property Map Exhibit D Rezoning Property Exhibit Action 2-1A: Action 2-4: Action 4-1: Action 5-1:  CONCEPTUAL LAYOUT OF SHEET: 1 of 1 4123.0-17 FOR TURLINGTON ROAD ASSOCIATES TAX PARCEL 43*19 WHALEYVILLE BOROUGH, SUFFOLK, VIRGINIA CONCEPTUAL LAYOUT PUBLIC COMMENTS FOR RZN2023-004 ORDINANCE NO. AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM A, AGRICULTURAL ZONING DISTRICT, TO RLM, RESIDENTIAL LOW- MEDIUM DENSITY ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 539 TURLINGTON ROAD; ZONING MAP 43, PARCELS 19 AND 19P*1; ACCOUNT NUMBERS 150196000 AND 153900100; RZN2023-004 (CONDITIONAL) WHEREAS, Brian Layne, Parrish-Layne Design Group, applicant, on behalf of Turlington Road Associates LLC and Lacie S. Gross, property owners, has requested to rezone and amend the official zoning map of the City of Suffolk from A, Agricultural zoning district, and RLM, Residential Low-Medium Density to the RLM, Residential Low-Medium Density zoning district (Conditional), for property located at 539 Turlington Road, Zoning Map 43, Parcels 19 and 19P*1, C WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on November 15, 2023, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Voluntary Proffer Statement Property Map, and , Property which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. A. Council finds that the proposed rezoning is reasonable and warranted due to a change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change;  5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and 13. Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 3. Rezoning. 1. The conditions proffered in the attached , and they are hereby, accepted. 2. rezoned and the official zoning map be, and it is hereby, amended from A, Agricultural zoning district, and RLM, Residential Low-Medium Density zoning district, to the RLM, Residential Low-Medium Density zoning district (Conditional).  3. The foregoing rezoning and amendment to the official zoning map are expressly made subject to the performance of the conditions hereby proffered and accepted and these conditions shall remain in effect until a subsequent amendment changes the zoning of the property; however, such conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. Section 4. 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 the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified. READ AND PASSED: _________________________ TESTE: _________________________ Erika S. Dawley, City Clerk Approved as to Form: _______________________________________ William E. Hutchings, Jr., City Attorney  RESOLUTION NO. 23-11-02 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2023-004 (CONDITIONAL) TO CHANGE THE ZONING FROM A, AGRICULTURAL ZONING DISTRICT, AND RLM RESIDENTIAL LOW-MEDIUM DENSITY TO RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT (CONDITIONAL), FOR PROPERTY LOCATED AT 539 TURLINGTON ROAD; ZONING MAP 43, PARCELS 19 AND 19P*1; ACCOUNT NUMBERS 150196000 AND 153900100; RZN2023-004 (CONDITIONAL) WHEREAS, Brian Layne, Parrish-Layne Design Group, applicant, on behalf of Turlington Road Associates LLC and Lacie S. Gross, property owners, has requested to change the zoning from A, Agricultural zoning district, and RLM, Residential Low-Medium Density to RLM, Residential Low-Medium Density zoning district (Conditional); 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. A. The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by the population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services;  8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and 13. Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 B. The Suffolk Planning Commission makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, RZN2023-004 (Conditional), 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 PASSED: __________________________ TESTE: __________________________ C