City Council Meeting Agendas

City Council Regular Meeting November 15, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, November 15, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Butler Barlow offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of November 15, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Johnson, on a motion seconded by Council Member Bennett, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF NOVEMBER 15, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting November 15, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the July 19, 2023, and August 2, 2023, Work Sessions and Regular Meetings, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation – Update on Holiday Events Utilizing a PowerPoint presentation, Tourism Manager Theresa Earles supplied a summary of the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA City Manager Moor announced that the applicant for Public Hearing Item #17 - An ordinance to grant a Conditional Use Permit to establish a Convenience Store (with gasoline sales), on property located at 1869 Bridge Road, Zoning Map 5, Parcels 16, 16G, 16H, 16J, Account Numbers 251119000, 251994500, 251118500, 253058400; CUP2023-017 has withdrawn their request. Council Member Fawcett, on a motion seconded by Council Member Butler Barlow, moved to amend the agenda to remove Item #17 and adopt the remainder of the agenda as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Animal Friendly License Plate Program for Animal Shelter Services Consent Agenda Item #8 - An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program and Extended Polystyrene Campaigns 2 City Council Regular Meeting November 15, 2023 Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Commonwealth of Virginia Technology Trust Fund Consent Agenda Item #10 - A resolution to accept a donation of a Palmer’s Dollhouse for the Suffolk Department of Fire and Rescue Consent Agenda Item #11 - A resolution approving an application to the Virginia Board of Education School Construction Assistance Program for the Northern Shores Elementary School Addition Project Consent Agenda Item #12 - A resolution to amend Resolution Number 23-R-042 regarding authorizing the City Manager to execute a Development Agreement for the Glasscock Properties, Tax Map Number 10*40 and Tax Map Number 10C*43 Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance authorizing the execution of a lease agreement for Box Hangar #6 at the Suffolk Executive Airport Utilizing a PowerPoint presentation, Economic Development Director Nicolas Langford gave a summary of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT FOR BOX HANGAR #6 AT THE SUFFOLK EXECUTIVE AIRPORT 3 City Council Regular Meeting November 15, 2023 Public Hearing - An 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 (conditional), for property located at 7100 Bridgeway Drive, Zoning Map 6*2G, Parcel C, Account Number 306001336; RZN2023-003 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne supplied a summary of the background information as printed in the official agenda. He also advised City Council that the applicant has submitted and additional condition - “6. Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31-412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.” The following individuals spoke in support of the proposed ordinance, with the addition of condition number six, as outlined above: Aaron Millikin, 5131 River Club Drive, Suite 210, East West Communities, applicant. Michael Templeton, 150 Beacon Run, representing self. The following individuals spoke in opposition to the proposed ordinance: Lawrence Yovoski, 5104 Captain’s Walk, representing self. John Luterman, 102 Stowe Drive, representing self. Tom Rein, 119 Suffolk Meadows Boulevard, representing self. Elizabeth Bell, 209 Stone Drive, representing self. Marty Russell, 3021 Summer House Drive, representing self. Mike Howell, 101 Shark Drive, representing self. Robert Barclay, 5111 Mariners Cove, representing Aaron Millikin, East West Communities, applicant, spoke in support of the proposed ordinance, as amended. Branch Lawson, 4009 River Park Drive, representing Aaron Millikin, East West Communities, applicant, spoke in support of the proposed ordinance, as amended. Hearing no additional speakers, the public hearing was closed. Council Member Williams, on a motion seconded by Vice Mayor Ward, moved to approve the proposed ordinance, as presented. Council Member Fawcett inquired about the selection of a builder for the proposed development. Mr. Lawson said that a builder has not been selected at this point. 4 City Council Regular Meeting November 15, 2023 Council Member Fawcett asked if the applicant has performed a market study for the proposed development. Mr. Lawson replied in the affirmative. Council Member Fawcett queried about the timeline for breaking ground for the proposed development. Mr. Lawson stated that he anticipates breaking ground for the proposed project in June 2024. Council Member Fawcett opined about the inclusion of the proposed development in the Harbour View Owners’ Association. Mr. Lawson explained that it would require a vote of the Harbour View Owners’ Association to include the proposed development. Referring to the presentation, Council Member Rector solicited information about the sale or rental the age-restricted living units in the proposed developments. Mr. Barclay advised that there are state regulations regulating the sale or rental of age-restricted units. Council Member Johnson questioned the potential setback requirements of the adjacent warehouse in relation to the proposed development. Planning and Community Development Director Wyne said that as the adjacent warehouse is already built, but future changes to the warehouse would have to be considered by the city. Council Member Johnson requested information about the number of parking spots for each unit in the proposed development. Mr. Branch reported that each unit will be offered 1.85 spaces each. Council Member Johnson inquired about the inclusion of elevators in the proposed development. Mr. Barclay answered in the affirmative. Council Member Butler Barlow called for an explanation regarding the potential price per unit in the proposed development. Mr. Lawson estimated that each unit will probably start at approximately $350,000 each. Council Member Butler Barlow opined about the feasibility of reducing the density or the height of the buildings in the proposed development. Mr. Lawson replied that there are taller homes in Riverfront, and the proposed development would have less density than allowed by-right in the corridor. Council Member Butler Barlow asked about the enforcement of the age-restricted residency requirement. Mr. Lawson advised that state and federal regulate the restrictions. Council Member Fawcett queried about the feasibility of the applicant removing the age-restricted residency requirement, should the market for this type of housing decline. Planning and Community Development Director Wyne said, the applicant would be required to make that request to the Planning Commission and the City Council should they wish to change the restriction. City Manager Moor advised that the proposed motion requires an amendment to include the additional condition - “6. Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31-412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.” 5 City Council Regular Meeting November 15, 2023 Council Member Williams, on a motion seconded Vice Mayor Ward, moved to approve the ordinance with conditions one through five, as presented, and the addition of condition six - “Development of the property will comply with the front setback and landscape buffer requirements specified in Section 31- 412 (Special Corridor Overlay District) of the Unified Development Ordinance (“UDO”) set forth in the Suffolk City Code along the Bridgeway Drive frontage of the property.”, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Johnson, Rector and Williams 7 NAYS: Council Member Fawcett 1 AN 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 (CONDITIONAL), FOR PROPERTY LOCATED AT 7100 BRIDGEWAY DRIVE, ZONING MAP 6*2G, PARCEL C, ACCOUNT NUMBER 306001336; RZN2023-003 (CONDITIONAL), AS AMENDED Public Hearing - An ordinance 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), for property located at 539 Turlington Road; Zoning Map 43, Parcels 19 and 19P*1; Account Numbers 150196000 and 153900100; RZN2023-004 (Conditional) Utilizing a PowerPoint presentation, Planning and Community Development Wyne gave a review of the background information as printed in the official agenda. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, spoke in support of the proposed ordinance, as presented. Ron Graydine, 543 Turlington Road, representing self, spoke in opposition to the proposed ordinance, as presented. Shirley Weeks, 640 Manning Road, representing self, spoke in opposition to the proposed ordinance, as presented, due to property claim dispute. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, spoke in support of the proposed ordinance, as presented. Bob Rudolph, no address provided, representing Turlington Road Associates, LLC and Lacie S. Gross, property owners, advised that there is no record of Ms. Weeks’ property claim. Hearing no additional speakers, the public hearing was closed. Vice Mayor Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented. 6 City Council Regular Meeting November 15, 2023 Council Member Fawcett asked about limitations that would prohibit City Council from acting on the proposed ordinance, as it relates to the property claim dispute between Ms. Weeks and the applicant. City Attorney Hutchings advised that the legal issue raised by Ms. Weeks regarding a potential property dispute with the applicant is outside the purview of the City Council. Vice Mayor Ward, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE 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), FOR PROPERTY LOCATED AT 539 TURLINGTON ROAD; ZONING MAP 43, PARCELS 19 AND 19P*1; ACCOUNT NUMBERS 150196000 AND 153900100; RZN2023-004 (CONDITIONAL) City Council recessed at 8:25 p.m. and reconvened at 8:34 p.m. Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Temporary shelter for indigent and homeless persons, and similar facilities with onsite residential counselors, on property located at 2361 Pruden Boulevard, Zoning Map 25A, Parcel J17; Account Number 251317000; CUP2023-020 Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Kevin Hughes, 442 West Washington Street, representing the City of Suffolk, the applicant. Ronald Harvey, 305 Pleasant Street, representing self. Jim Granfield, 610 West Constance Road, representing the Office of the Public Defender. Cheryl Griffin, 107 Kings Point Drive, representing self. Rebecca Brown, 2551 Eltham Avenue, Norfolk, Virginia, representing Senior Services of Southeastern Virginia. Charnitta Waters, 2551 Eltham Avenue, Norfolk, Virginia, representing Senior Services of Southeastern Virginia. Phil McPhail, 110 Pitchkettle Road, representing Coalition Against Poverty in Suffolk. Hearing no additional speakers, the public hearing was closed. 7 City Council Regular Meeting November 15, 2023 Council Member Johnson move to approve the ordinance, with conditions, as presented. The motion failed to receive a second. Council Member Rector called for clarification about access to the proposed facility. Deputy City Manager Hughes said that there will be vehicle and pedestrian access. He added that the individuals would need to announce their arrival, and the access would be secure. Council Member Johnson, on a motion seconded by Council Member Rector, moved to approve the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A TEMPORARY SHELTER FOR INDIGENT AND HOMELESS PERSONS, AND SIMILAR FACILITIES WITH ONSITE RESIDENTIAL COUNSELORS, ON PROPERTY LOCATED AT 2361 PRUDEN BOULEVARD, ZONING MAP 25A, PARCEL J17; ACCOUNT NUMBER 251317000; CUP2023-020 Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Convenience Store (with gasoline sales), on property located at 1869 Bridge Road, Zoning Map 5, Parcels 16, 16G, 16H, 16J, Account Numbers 251119000, 251994500, 251118500, 253058400; CUP2023-017 This item was withdrawn at the request of the applicant; therefore, no action was required by City Council. Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007 (This item was continued from the September 20, 2023, City Council meeting.) Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne provided a review of the background information as printed in the official agenda Denise Murden, 4041 Kingston Parkway, representing Citizens Voice, called for the continuance of the proposed ordinance. Barbara Nelson, 1431 Terminal Boulevard, Norfolk, Virginia, Vice President of Development, Port of Virginia, spoke in support of the proposed ordinance. Tom Rein, 119 Suffolk Meadows Boulevard, representing Citizens Voice, called for a continuance of the proposed ordinance. Elizabeth Bell, 209 Stowe Drive, representing self, spoke in opposition to the proposed ordinance. Hearing no other speakers, the public hearing is closed. 8 City Council Regular Meeting November 15, 2023 Vice Mayor Ward sought clarification about the staff’s solicitation of citizen input on the proposed ordinance. Planning and Community Development Director Wyne reported that the City received input from Citizens Voice and members of the development community. Vice Mayor Ward asked about the lack of inclusion of the input submitted by Citizens Voice in the proposed ordinance. Planning and Community Development Director Wyne explained that staff incorporated as much input as is legally feasible. Members of City Council opined about the proposed ordinance. Council Member Fawcett queried about the feasibility of amending the proposed ordinance in the future. Planning and Community Development Director Wyne said that the proposed ordinance could be amended in the future. Council Member Butler Barlow opined about the feasibility of simplifying the setbacks in the proposed ordinance. Planning and Community Development Director Wyne explained that setbacks will depend on the size of the specific parcel and other factors unique to each site. Council Member Butler Barlow opined about building heights and the relation to setbacks in the proposed ordinance. Planning and Community Development Director Wyne advised that matter is addressed in the City’s Unified Development Ordinance, not in the proposed ordinance. He added that the proposed ordinance is attempting to alleviate the current situation, which allows for building right up to the property line. Council Member Butler Barlow requested clarification about a vegetation requirement. Planning and Community Development Director Wyne stated that there is a vegetation requirement in circumstances. Council Member Rector, on a motion seconded by Council Member Johnson, moved to approve the ordinance, as amended, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, TO ADD SECTION 31-726, WAREHOUSES AND WAREHOUSING; OTA2023-007, AS AMENDED ORDINANCES Ordinance - An ordinance to grant relief from the ten (10) year post conveyance holding period for a parcel of land identified as Tax Map Parcel 30*3C created through a family transfer conveyance in accordance with Section 31-514 of the Unified Development Ordinance Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne furnished an overview of the background information as printed in the official agenda. 9 City Council Regular Meeting November 15, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to approve the ordinance, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT RELIEF FROM THE TEN (10) YEAR POST CONVEYANCE HOLDING PERIOD FOR A PARCEL OF LAND IDENTIFIED AS TAX MAP PARCEL 30*3C CREATED THROUGH A FAMILY TRANSFER CONVEYANCE IN ACCORDANCE WITH SECTION 31-514 OF THE UNIFIED DEVELOPMENT ORDINANCE RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report - Significant Land Use Application Utilizing a PowerPoint presentation, Planning and Community Development Director Wyne offered a summation of the background information as printed it the official agenda. Council Member Fawcett asked about the availability of utilities and infrastructure to accommodate residential development on Hosier Road. Planning and Community Development Director Wyne replied in the negative. MOTIONS Motion - A motion to schedule a Public Hearing for December 6, 2023, to receive public comment on an ordinance authorizing the acquisition of permanent easements, either by agreement or condemnation, for the Downtown Sanitary Sewer Rehabilitation and Replacement Project Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to schedule a Public Hearing for December 6, 2023, to receive public comment on an ordinance authorizing the acquisition of permanent easements, either by agreement or condemnation, for the Downtown Sanitary Sewer Rehabilitation and Replacement Project, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 Motion - A motion to schedule a joint Work Session of City Council and the School Board, for Wednesday, December 6, 2023, at 3:00 p.m., unless cancelled 10 City Council Regular Meeting November 15, 2023 Council Member Rector, on a motion seconded by Council Member Williams, moved to schedule motion to schedule a joint Work Session of City Council and the School Board, for Wednesday, December 6, 2023, at 3:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS There were no speakers under this portion of the agenda. NEW BUSINESS Council Member Williams, on a motion seconded by Council Member Rector, moved to suspend City Council’s Rules of Order and Procedure to forgo City Council Comments, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the City’s observance of the Thanksgiving holiday; the Christmas Open House and Artisan Gift Market; the Suffolk Parks and Recreation Department’s Festival of Lights Sleepy Hole Park; Suffolk Small Business Saturday; the Farm-to-Table Thanksgiving Suffolk Farmers Market; and the Suffolk Parks and Recreation Department’s Grand Illumination. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 10:42 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor APPROVED: FEBRUARY 7, 2024 11