City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF DECEMBER 15, 2021 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION December 15, 2021 4:00 p.m. City Council Chamber 1. Broadband Initiatives Update 2. Presentation of the Fiscal Year 2021 Annual Comprehensive Financial Report 3. Compensation Plan Update 4.* Appointments * Proposed Items for Closed Session AGENDA: December 15, 2021, Work Session ITEM: Broadband Initiatives Update Spectrum/Charter Communications representatives will present to City Council a status update on the City’s Coronavirus, Aid, Relief, and Economic Security (CARES) Act funded Broadband Expansion Project. In addition to this project, Spectrum/Charter will also provide a status update on the upcoming Rural Digital Opportunity Fund (RDOF) project. AGENDA: December 15, 2021, Work Session ITEM: Presentation of the Fiscal Year 2021 Annual Comprehensive Financial Report A representative with Cherry Bekaert LLP, the City’s independent auditors, will formally present the Annual Comprehensive Financial Report, for the fiscal year ended June 30, 2021, to City Council. AGENDA: December 15, 2021, Work Session ITEM: Compensation Plan Update City Staff will provide a presentation to City Council on the progress of the Compensation Plan Study.  SUFFOLK CITY COUNCIL AGENDA December 15, 2021 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations A. COVID-19 Update B. 2021 National Night Out National Award 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – An ordinance to temporarily increase the maximum accumulation limits for annual leave and paid time off 8. Consent Agenda – An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive 9. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program 10. Public Hearing – An ordinance to grant a conditional use permit to establish a Junkyard/Salvage Yard, Recycling Center and Transfer Station, on property located at 1177 Hosier Road, Zoning Map 44 Parcel 126C, Account Number 056000026; CUP2021-020 11. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a minor automobile repair and car wash for property located at 351 North Main Street, Zoning Map 34G11(A), Parcel 87, Account Number 350014000; CUP2021-021 12. Public Hearing – An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 6, Design and Improvement Standards, Section 31-601, Adequate Public Facilities; OTA2021-002 13. Public Hearing – An ordinance to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban – 18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19, Account Number 303740000; RZN2021-015 (Conditional) 14. Ordinances 15. Resolutions 16. Staff Reports 17. Motion – A motion to schedule a public hearing for January 5, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Pughsville Drainage Improvements Phase II Project 18. Motion – A motion to schedule a City Council Work Session, for Wednesday, January 5, 2022, at 4:00 p.m., unless cancelled 19. Non-Agenda Speakers 20. New Business 21. Announcements and Comments 22. Adjournment 2 City Council Work Session June 16, 2021 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 16, 2021, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. (arrived at 4:45 p.m.) LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., Interim City Attorney Albert S. Moor, City Manager ABSENT None PLAN OF FINANCE AND FUND BALANCE POLICY UPDATE Utilizing a PowerPoint presentation, David Rose, Senior Vice President, Davenport and Company, the City’s financial advisors, gave an update about the above referenced item. Referring to the presentation, Council Member Johnson opined about the proposed creation of a Budget Stabilization Fund, as it relates to the Capital Reserve Fund. Mr. Rose explained the creation of a Budget Stabilization Fund is meant to shore up the operating budget when an unexpected occurance negatively impacts City coffers. Referring to the presentation, Council Member Johnson queried about the reserve percentages of most localities with a triple a bond rating. Mr. Rose said that while it depends on the the locality and their revenue streams, most municipalities with a triple a bond rating maintain 20% to 30% in their Unassigned Fund Balance. Referring to the presentation, Council Member Goldberg asked about the feasibility of achieving the same financial goals, should the City adopt a reserve policy of 18%. Mr. Rose said that the same goals could be achieved, but the City has consistently been over 20%, so the bond agencies would see the higher reserves positively. Council Member Goldberg asked about spending authority over excess funds. Mr. Rose advised that City Council still has ultimate authority over how overages are spent after the guidelines for reserves have been met. 1 City Council Work Session June 16, 2021 Referring to the presentation, Council Member Fawcett asked if money in the Budget Stabilization Fund and Capital Reserve Fund was restricted on the types of use or could be used interchangeably. Mr. Rose stated as a practical matter the funds could ultimately be used for Capital Reserve Fund projects after the 2.5% savings has been realized in the Budget Stabilization Fund. Council Member Fawcett opined whether the Budget Stabilization Fund would hamstring future City Councils’ spending. Mr. Rose theorized that the policies should allow flexibility if requirements are met. Referring to the presentation, Vice Mayor Bennett solicited confirmation that reserve funds were not to be used for operating costs, such as raises. Mr. Rose replied in the affirmative. Vice Mayor Bennett asked about the impact of a Budget Stabilization Fund on the City’s bond rating. Mr. Rose agreed that the new policy would be favorable to the City’s bond rating agencies. Referring to the presentation, Mayor Duman called for clarification about the use of the 2.5 % could be applied to the Budget Stabilization Fund, as the Unassigned Fund Balance is 22.5%. Mr. Rose advised that essentially that is the current practice, and the amount put toward the Budget Stabilizaation Fund would depend on the size of the annual surplus. Mayor Duman asked whether pay-go would be impacted by this policy change. Finance Director Tealen Hansen replied that currently pay-go items are paid for out of anticipated surpluses. She elaborated that beginning in Fiscal Year 2023, pay-go projects would be paid for out of the Capital Reserve Fund. RESUMING TRANSIT FARES ON JULY 1, 2021 Utilizing a PowerPoint Presentation, Department of Public Works Fund Manager Natoya Nelson provided a report on the above referenced item. UTILITY RELIEF PROGRAM UPDATE Utilitizing a PowerPoint Presentation, Interim Public Utilities Director Paul Retel provided an update on the above referenced item. Referring to the presentation, Mayor Duman asked whether he knew how many domiciles out of the City’s delinquent accounts would qualify for the phase 2 program. Interim Public Utilities Director Retel estimated that more accounts would qualify in phase 2 than in phase 1. Mayor Duman asked about available options for those accounts that do not qualify for the federal utility relief program. Interim Public Utilities Director Retel confirmed that payment plans can be arranged to avoid cutoff. CLOSED MEETING City Clerk Dawley presented the Closed Meeting motion for City Council’s consideration: 1. Pursuant to Virginia Code Sections 2.2-3711(A)(8) and (A)(1), the consultation with legal counsel employed by a public body regarding specific legal matters requiring the legal advice of such counsel, and the discussion, consideration, or interviews of prospective candidates for 2 City Council Work Session June 16, 2021 appointment and the assignment, appointment, and performance of specific public officers or appointees of the City, specifically the appointments as shown on the attached list for vacancies or term expirations for Clean Community Commission, Clean Community Commission Keep Suffolk Beautiful Executive Board, Community Policy and Management Team, Early Childhood Development Commission, Economic Development Authority the City of Suffolk, Fine Arts Commission, Historic Landmarks Commission, Human Services Advisory Board, Library Advisory Board, Local Board of Building Code Appeals, Parks and Recreation Advisory Commission, Paul D. Camp Community College Board, Planning Commission, Sister Cities Commission, Suffolk Redevelopment and Housing Authority Board of Commissioners, The Planning Council, and Wetlands Board, and the appointment of the City Attorney. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved that City Council convene in a closed meeting for the above referenced purposes, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 4:56 p.m. The Closed Meeting concluded at 5:55 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting June 16, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, June 16, 2021, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Leroy Bennett, Vice Mayor Shelley Butler Barlow Roger W. Fawcett Donald Z. Goldberg Timothy J. Johnson Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., Interim 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 Goldberg 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 June 16, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the resolution, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF JUNE 16, 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED APPROVAL OF THE MINUTES Council Member Johnson, on a motion seconded by Vice Mayor Bennett, moved to approve the December 16, 2020, Work Session and Regular Meeting, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 1 City Council Regular Meeting June 16, 2021 SPECIAL PRESENTATIONS There were no items under this portion of the agenda. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman advised that a motion was in order at this time to adopt the agenda, as presented. Council Member Fawcett, on a motion seconded by Council Member Williams, to adopt the agenda, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA There were no items under this portion of the agenda. PUBLIC HEARINGS Public Hearing - An ordinance amending section 26-4, polling places in precincts, of the Code of the City of Suffolk, to provide a new polling place for the Holland Precinct Utilizing a PowerPoint presentation, Interim Chief of Staff Azeez Felder submitted a synopsis of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Council Member Johnson, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE AMENDING SECTION 26-4, POLLING PLACES IN PRECINCTS, OF THE CODE OF THE CITY OF SUFFOLK, TO PROVIDE A NEW POLLING PLACE FOR THE HOLLAND PRECINCT Public Hearing – An ordinance to grant a Conditional Use Permit to expand an existing funeral home, on property located at 405 Johnson Avenue, Zoning Map 34G24(6)5, Parcels 1*2, 3 and 4, Account Numbers 350658000, 350659000 and 350660000; CUP2020-028 2 City Council Regular Meeting June 16, 2021 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Robert Goumas gave a summation of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Williams, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO EXPAND AN EXISTING FUNERAL HOME, ON PROPERTY LOCATED AT 405 JOHNSON AVENUE, ZONING MAP 34G24(6)5, PARCELS 1*2, 3 AND 4, ACCOUNT NUMBERS 350658000, 350659000 AND 350660000; CUP2020-028 Public Hearing – An ordinance to grant a conditional use permit to establish parking, commercial (not owned or operated by a public agency), on property located at the intersection of Northgate Commerce Parkway and Industrial Drive, Zoning Map 20, Parcel 22H; Account Number 306003592; CUP2021-010 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas provided an overview of the background information as printed in the official agenda. Hearing no speakers, the public hearing was closed. Vice Mayor Bennett, on a motion seconded by Council Member Fawcett, moved to approve the ordinance, with conditions, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH PARKING, COMMERCIAL (NOT OWNED OR OPERATED BY A PUBLIC AGENCY), ON PROPERTY LOCATED AT THE INTERSECTION OF NORTHGATE COMMERCE PARKWAY AND INDUSTRIAL DRIVE, ZONING MAP 20, PARCEL 22H; ACCOUNT NUMBER 306003592; CUP2021-010 Public Hearing – An ordinance to grant a conditional use permit to establish a solar energy facility, on property located on the southeast quadrant of the intersection of Great Fork Road and Lucy Cross Road, Zoning Map 64, Parcel 58B; Account Number 100595000; CUP2021-003 Utilizing a PowerPoint presentation, Interim Planning and Community Development Director Goumas furnished a report of the background information as printed in the official agenda. 3 City Council Regular Meeting June 16, 2021 The following individuals spoke in support of the proposed ordinance, with conditions, as presented: Martin Speroni, 705 West Washington Street, Saunders and Ojeda, representing Piero Mellits, PE, Century Engineering, Incorporated, agent, representing Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners. Michael Doniger, 1523 Huguenot Road, Midlothian, Virginia, Vice President, Chaberton Solar Whitney, LLC, applicant, representing Adam Rountree and Brandon Simpson, property owners. Skyler Wood, 225 Great Fork Road, representing self. The following individuals spoke in opposition to the proposed ordinance, with conditions, as presented: Ruth Lizon, 245 Great Fork Road, representing self. Tim Daniel, 3805 Adams Swamp Road, representing Great Fork Baptist Church. Jessica Yenny, 255 Great Fork Road, representing self. Dennis Baggett, 205 Routree Crescent, representing self. Kelly Hengler, 9345 Eclipse Drive, representing self. Michael Doniger, 1523 Huguenot Road, Midlothian, Virginia, Vice President, Chaberton Solar Whitney, LLC, applicant, representing Adam Rountree and Brandon Simpson, property owners, spoke in support of the proposed ordinance, as presented. Hearing no additional speakers, the public hearing was closed. City Council opined regarding the proposed ordinance. Council Member Williams, on a motion seconded by Council Member Johnson, moved to deny the proposed ordinance, with conditions, as presented: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 ORDINANCES Ordinance – An ordinance to amend Chapter 86, Section 86-291 of the Code of the City of Suffolk restricting through truck traffic on Little Fork Road, Collins Road and Drum Hill Road Utilizing a PowerPoint presentation, Interim Public Works Assistant Director Darryll Lewis supplied a review of the background information as printed in the official agenda. 4 City Council Regular Meeting June 16, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 AN ORDINANCE TO AMEND CHAPTER 86, SECTION 86-291 OF THE CODE OF THE CITY OF SUFFOLK RESTRICTING THROUGH TRUCK TRAFFIC ON LITTLE FORK ROAD, COLLINS ROAD AND DRUM HILL ROAD RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Motion – A motion to schedule a Public Hearing for July 7, 2021, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and Birdco Energy Incorporated, for the vacation of a public utility easement located on Tax Map & Parcel 34G29(A)*1*2+ Council Member Williams, on a motion seconded by Council Member Goldberg, moved to schedule a Public Hearing for July 7, 2021, to receive public comment on an ordinance to authorize a quitclaim deed between the City of Suffolk and Birdco Energy Incorporated, for the vacation of a public utility easement located on Tax Map & Parcel 34G29(A)*1*2+, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Motion – A motion to schedule a City Council Work Session, for Wednesday, July 7, 2021, at 4:00 p.m., unless cancelled Council Member Fawcett, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, July 7 2021, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Carolyn White, 4216 Coltrane Avenue, representing the Pughsville Civic League, opined about stormwater rates. 5 City Council Regular Meeting June 16, 2021 Imhotep Mohammad, 110 South 5th Street, representing Virginia Organizing, opined about criminal justice, police reform, the appointment of a new Police Chief and the need for the establishment of civilian review board. Tion Ashby, 709 Saint James Avenue, representing self, Virginia Organizing, opined about criminal justice, police reform, the importance of filling the Police Chief vacancy and the need for the establishment of civilian review board. Pam Brandy, 5061 Pearl Street, Chesapeake, Virginia, representing the Pughsville Civic League, spoke about infrastructural needs in Pughsville. Wayne White, 4216 Coltrane Avenue, representing the Pughsville Civic League, spoke about infrastructure needs in Pughsville. Roosevelt Jones, 5809 Hawk Lane, representing the Greater Oakland-Chuckatuck-Sandy Bottom Civic League, spoke about infrastructure needs in his area and the importance of filling the Police Chief vacancy. Kelvin Johnson, 4984 Wise Street, representing Hosanna Christian Fellowship Park, opined about access to Pughsville Park. Kelly Hengler, 9345 Eclipse Drive, representing the Crittenden-Eclipse-Hobson Civic League, opined about a recent town hall meeting in Chuckatuck. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination to the respective bodies: Economic Development Authority of the City of Suffolk (Chuckatuck Borough) – Margie Wiley; Fine Arts Commission – Catherine Wass; Human Services Advisory Board – Betty Montgomery; Planning Commission – Kittrell Ebberwine, Johnnie Edwards, Gerald Goodman and Arthur Singleton; Suffolk Clean Community Commission – Audrey Dennis and Amanda Shuler; Suffolk Redevelopment and Housing Authority Board of Commissioners – Quinton Franklin. Council Member Butler Barlow, on a motion seconded by Council Member Fawcett, moved to nominate and appoint the above referenced individuals to the aforementioned bodies, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 Council Member Fawcett, on a motion seconded by Council Member Ward, moved to approve the resolution appointing William E. Hutchings as City Attorney, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 A RESOLUTION APPOINTING WILLIAM E. HUTCHINGS AS CITY ATTORNEY 6 City Council Regular Meeting June 16, 2021 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Diana Klink provided a report on the following: Route 58-Holland Road groundbreaking; Route 58-Holland Road Project Center Land Closure; the Hampton Roads Chamber of Commerce Valor Awards honorees from the Suffolk Police Department; the Social Services Department’s new appointment system; the Planning and Community Development Department’s Open House for Public Input on the Proposed Updated Sign Ordinance; the Suffolk Fire and Rescue Department’s Hearing Impaired Smoke Alarm Program; Suffolk Fire and Rescue Department’s Summer Fire and Life Safety Camp; the opening of Cypress Park Pool; the Parks and Recreation Department’s TGIF Summer Concert Series; the City’s observance of Juneteenth; the Suffolk Parks and Recreation Department’s Stars and Stripes Spectacular; the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Butler Barlow acknowledged the residents in attendance. Council Member Butler Barlow announced an upcoming town meeting hosted by the Chuckatuck- Greater Oakland Civic League. Council Member Butler Barlow opined about the observance of Agriculture Week. Council Member Butler Barlow announced upcoming community gardens. Council Member Johnson extended his congratulations to all 2021 graduates. Council Member Johnson opined about Governor Ralph Northam’s visit to Paul D. Camp Community College-Franklin Campus to announce high-speed internet legislation. Council Member Johnson summarized a constituent concern about litter control. Council Member Fawcett announced he toured the Amazon Fulfillment Center. Council Member Fawcett acknowledged the residents in attendance. Council Member Fawcett extended his regrets to Pughsville Civic League for being unable to attend their upcoming meeting. Council Member Fawcett acknowledged City Attorney Hutchings on his appointment. Council Member Fawcett reported increased truck traffic on Shoulders Hill Road. Council Member Fawcett opined about the Hampton Roads Chamber of Commerce Valor Awards honorees from the Suffolk Police Department. Council Member Fawcett opined about the availability of smoke detectors for the hearing impaired. Council Member Williams extended his congratulations to all 2021 graduates. Council member Williams opined about Governor Ralph Northam’s visit to Paul D. Camp Community College-Franklin Campus to announce high-speed internet legislation. 7 City Council Regular Meeting June 16, 2021 Council Member Williams announced he toured the Amazon Fulfillment Center. Council Member Williams reported street light outages on Brook Avenue and Kilby Avenue. Council Member Goldberg announced he toured the Amazon Fulfillment Center. Council Member Goldberg acknowledged City Attorney Hutchings on his appointment. Council Member Goldberg opined about the Hampton Roads Chamber of Commerce Valor Awards honorees from the Suffolk Police Department. Council Member Ward announced he toured the Amazon Fulfillment Center. Council Member Ward reported he attended the funeral of late Sergeant Jose R. Rivera, Suffolk Police Department. Council Member Ward announced he attended the Wright Path Outreach Cookout in Huntersville. Council Member Ward extended his congratulations to all 2021 graduates. Council Member Ward acknowledged the residents from Pughsville in attendance. Vice Mayor Bennett extended his congratulations to all 2021 graduates. Vice Mayor Bennett opined about the Hampton Roads Chamber of Commerce Valor Awards honorees from the Suffolk Police Department. Vice Mayor Bennett opined about the opening of Cypress Park Pool. Vice Mayor Bennett announced he toured the Amazon Fulfillment Center. Vice Mayor Bennett talked about the upcoming Boys and Girls Club of Southeastern Virginia-Suffolk Unit Oyster Roast Fundraiser. Vice Mayor Bennett offered remarks regarding the funeral of late Sergeant Jose R. Rivera, Suffolk Police Department. Vice Mayor Bennett acknowledged the residents from Pughsville in attendance. Mayor Duman announced he attended the following: the Route 58 ribbon cutting; the ForKids fundraiser; the Hampton Roads Chamber of Commerce Valor Award; the Governor Ralph Northam’s visit to Paul D. Camp Community College-Franklin Campus to announce high-speed internet legislation; the funeral of the later Sergeant Jose R. Rivera, Suffolk Police Department; the Amazon Fulfillment Center tour; the National Night Out Community Kickoff and the Western Tidewater Community Services Board Memory Care Unit groundbreaking. Mayor Duman acknowledged City Attorney Hutchings on his appointment. Mayor Duman commended City Administration for their assistance with a constituent concern. 8 City Council Regular Meeting June 16, 2021 Council Member Williams, on a motion seconded by Council Member Fawcett, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Bennett, and Council Members Butler Barlow Fawcett, Goldberg, Johnson, Ward and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 8:31 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 9 AGENDA: December 15, 2021, Regular Session ITEM: Special Presentation – COVID-19 Update Dr. Billie Blair-Taylor, Acting Director for the Western Tidewater Health District, will provide City Council with an update related to COVID-19. AGENDA: December 15, 2021, Regular Session ITEM: Special Presentation – 2021 National Night Out National Award On Tuesday, August 3rd, neighborhoods and businesses across Suffolk joined forces with thousands of communities nationwide for National Night Out. The campaign enhances the relationships between neighbors and law enforcement, while bringing back a true sense of community. Media and Community Relations Director, Diana Klink, and Interim Police Chief Alfred Chandler, will show a highlight video from that evening and share with us the exciting details of our national award for our population category. Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: December 15, 2021, Regular Session ITEM: Public Hearing – An ordinance to grant a conditional use permit to establish a Junkyard/Salvage Yard, Recycling Center and Transfer Station, on property located at 1177 Hosier Road, Zoning Map 44 Parcel 126C, Account Number 056000026; CUP2021-020 Attached for your consideration is information pertaining to Conditional Use Permit Request, CUP2021-020, Hosier Road Scrap Metal Processing Yard, submitted by Christy Perry, applicant, on behalf of SMM Southeast 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 Junkyard/Salvage Yard, Recycling Center and Transfer Station, on property located at 1177 Hosier Road, Zoning Map 44 Parcel 126C. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, General Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. The Planning Commission, at their meeting on November 16, 2021, voted 7 to 0 to approve a resolution recommending approval of this request with conditions. ATTACHMENTS: Staff Report General Location Map Zoning / Land Use Map Narrative Proposed Ordinance Exhibit A – Planning Commission Recommendation Exhibit B – Property Map Exhibit C – Site Plan AGENDA: December 15, 2021, Regular Session ITEM: Public Hearing - An ordinance to grant a Conditional Use Permit to establish a minor automobile repair and car wash, for property located at 351 North Main Street, Zoning Map 34G 11(A), Parcel 87, Account Number 350014000; CUP202 l- 02 l Attached for your consideration is information pertaining to Conditional Use Permit Request CUP202 l-02 l, Quality Tires & Auto Care, submitted by William Goodman, Quality Tires & Auto Care, LLC., applicant, on behalf of Nicholas Moyer, 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 minor automobile repair use and car wash, on property located at 351 N. Main Street, Zoning Map 3401 l(A), Parcel 87. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business zoning district, and HC, Historic Conservation Overlay district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. The Planning Commission, at their meeting of November 16, 2021, voted 6 to 1 to approve a resolution recommending approval of this request. ATTACHMENTS: Staff Report General Location Map Zoning I Land Use Map Project Narrative Layout Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B - Property Map AGENDA: December 15, 2021, Regular Session ITEM: Public Hearing – An ordinance to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban-18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19, Account Number 303740000; RZN2021-015 (Conditional). Attached for your consideration is information pertaining to Rezoning Request, RZN2021-015 (Conditional), 5100 Nansemond Parkway Apartment Complex, submitted by Jon M. Babineau, BECO Asset Management, LLC, agent, on behalf of C. Burton Cutright, HBKC II, LLC, applicant, on behalf of Luther J. Upton III, Upton Farms, Inc., property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban-18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19. The affected area is further identified as being located in the Cypress Voting Borough, zoned RLM, Residential Low Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. The applicant has requested to continue the item to the January 19, 2022, City Council Public Hearing. An email is attached pertaining to this request. The Planning Commission, at their meeting on October 19, 2021, voted 6 to 1 to deny this request. ATTACHMENTS: Email from Applicant Staff Report General Location Map Zoning/Land Use Map Application Narrative Conceptual Site Plan Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B – Property Map Exhibit C – Rezoning Exhibit Alexis R. Baker From: Jon Babineau <jon@babineaulaw.com> Sent: Monday, December 06, 2021 11:01 AM To: Nicole Rosenblum Cc: Alexis R. Baker Subject: [EXTERNAL] Re: Proffer Statements Caution: This email originated from a source outside of the City of Suffolk. Do not click on links or open attachments unless you recognize the sender and you know the content is safe. Alexis: Please excuse the mixed messages. There are too many outstanding issues to meet today’s deadline ; so please accept this email as our formal request to continue our rezoning until the January, 2022 council meeting. By doing so , I’m confident we will all be in a better position to have all the kinks worked out. Thanks, Jon Jon M. Babineau , Sr. ,Esq. Fraim & Fiorella ,PC Town Point Center 150 Boush Street Ste. 601 Norfolk , Va. 23510 757‐622‐8631 (O) jon@babineaulaw.com On Dec 6, 2021, at 10:22 AM, Nicole Rosenblum <nicrosenblum@becoasset.com> wrote: Hi, good morning We can agree to try! Our draft language is under review by stakeholders. As we all know, process takes time! Keep you posted! Sent from my Verizon, Samsung Galaxy smartphone Get Outlook for Android From: Alexis R. Baker <abaker@suffolkva.us> Sent: Monday, December 6, 2021, 9:52 AM To: Jon Babineau; Nicole Rosenblum Subject: Proffer Statements Jon and Nicole, Would you be able to get a draft proffer statement to me earlier than discussed? By noon would be ideal as that would give us time to review it internally and with Jason and Robert in Public Works. We are on a very tight deadline as we were supposed to get the reports upstairs last Friday. 1 Thanks, Alexis From: Jon Babineau [mailto:jon@babineaulaw.com] Sent: Wednesday, December 01, 2021 9:35 AM To: Alexis R. Baker <abaker@suffolkva.us> Subject: [EXTERNAL] Re: Friday Meeting‐‐ Moved to 3:30. Caution: This email originated from a source outside of the City of Suffolk. Do not click on links or open attachments unless you recognize the sender and you know the content is safe. Sure Jon M. Babineau , Sr. ,Esq. Fraim & Fiorella ,PC Town Point Center 150 Boush Street Ste. 601 Norfolk , Va. 23510 757‐622‐8631 (O) jon@babineaulaw.com On Dec 1, 2021, at 9:32 AM, Alexis R. Baker <abaker@suffolkva.us> wrote: Jon, Could we move the meeting on Friday to 3:30? Alexis Alexis Baker, AICP Comprehensive Planning Manager Suffolk Planning and Community Development 442 W. Washington St., 1st Floor Suffolk, VA 23434 Phone: 757‐514‐4068 Fax: 757‐514‐4199 City Offices are now open to the public. However, applicants are encouraged to continue to submit application materials electronically using the City’s sharefile link here: https://cityofsuffolk.sharefile.com/r-rc9d2d25905b14aa1b114d328c19d84a6. We kindly ask that prior to uploading materials, please name your files using the following format: For first submittals: “1st Submittal – Project Name or Address – Type of Document (site plan, title report, design narrative, etc.)”. The original signed hard copy of the application form must still be submitted either via mail or in person. For resubmittals: “2nd/3rd/4th Submittal – Application Number (such as SPL2021-00001) – Type of Document.” . 2  STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2021-015, 5100 Nansemond Parkway Apartment Complex, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low-Medium Density zoning district, to RU-18, Residential Urban-18 zoning district. APPLICANT: Jon M. Babineau, BECO Asset Management, LLC, agent, on behalf of C. Burton Cutright, HBKC II, LLC, applicant, on behalf of Luther J. Upton III, Upton Farms, Inc., property owner. LOCATION: The subject property is on located 5100 Nansemond Parkway, and is further identified as Zoning Map 20, Parcel 19. PRESENT ZONING: RLM, Residential Low-Medium Density zoning district. EXISTING LAND USE: Agricultural uses, vacant single family residence, an out-of-use cattle pen, and seven interconnected equipment storage and maintenance structures on the 11.36-acre subject property. PROPOSED LAND USE: The applicant is proposing a change in zoning from RLM, Residential Low-Medium Density zoning district, to RU-18, Residential Urban-18 zoning district, to allow for 204 apartment units. SURROUNDING LAND USES: North – Residential (zoned Residential Low –Medium zoning district, RLM) South – Vacant residential house and agricultural structures (zoned Heavy Industrial Zoning district, M-2); Vacant (zoned General Business District, B-2). East – Residential (zoned Residential Low-Medium zoning district, RLM) West – Railroad right of way; Residential (zoned Residential Low-Medium zoning district, RLM) COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Northern Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District. Resource Protection Area (RPA) features are on the property. FLOOD PLAIN: The property falls within Flood Zone X (areas of minimal risk), as shown on Panel 0128E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. City Council December 15, 2021 RZN2021-015 Page 2 of 8 CASE HISTORY: There is no recent case history for the subject property. 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. A notice, containing a copy of the staff report, was also provided to the applicant on October 15, 2021. STAFF ANALYSIS ISSUE: The applicant is requesting a change in zoning from RLM, Residential Low-Medium Density zoning district, to RU-18, Residential Urban-18 zoning district for a 11.36-acre property, located at 5100 Nansemond Parkway, near the intersection of Northgate Commerce Parkway and Shoulders Hill Road, in the Cypress Voting Borough. The RU-18 zoning district allows multi- family and single family attached dwelling units at a density of 18 units per acre. The purpose of this rezoning request is to allow the applicant to build 204 apartment units, the maximum number allowable under the requested zoning district. These apartments will be housed in two (2) four- story buildings, each with 98 units, and two (2) smaller buildings, each with four (4) units. While not proffered, the conceptual site plan and documents received by staff propose access to the 11.36-acre site from two points on Nansemond Parkway, including full access approximately 900 feet west of Shoulders Hill Road and Northgate Commerce Parkway and a right-out only access approximately 1,300 feet west of Shoulder Hill Road and Northgate Commerce Park. The applicant will provide 327 parking spaces, more than the minimum required parking of 204 spaces, to accommodate residents. Additionally, Nansemond Parkway is part of the Special Corridor Overlay District (SCOD). The applicant has indicated on the Conceptual Plan that all SCOD requirements in Sec. 31-412 will be addressed. Prior to site plan approval, the applicant will also be required to adhere to open space requirements in Sec. 31-602(c) (2), requiring a minimum of 200 square feet of usable open space for each multi-family development unit unless the open space requirement is reduced by 50% by the Zoning Administrator with the provision of amenities for active recreation, such as a tennis court, playground or a pool. 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. The applicant has stated that their intent is to use the property to construct 204 apartment units. The applicant states that the RU-18 zoning district, allowing for the construction of 204 multi- family apartments, is appropriate for the subject property. The proposed multi-family City Council December 15, 2021 RZN2021-015 Page 3 of 8 development will serve as a buffer zone and transitional district between the RLM, Residential Low-Medium zoning density, to the north, east and west and the M-2, Heavy Industrial zoning district, and B-2, General Business District zoning district, to the south. 1. Comprehensive Plan The subject property is located within the Northern Growth Area, Suburban Use District in the 2035 Comprehensive Plan. The purpose of the growth areas is to concentrate development in these areas to reduce sprawl pressures for the rest of the City and provide for more efficient and effective delivery of City services. The Northern Growth Area, in particular, benefits from the location of major transportation routes. The Suburban Use District is the least dense area inside the Northern Growth Area. The district should be primarily composed of traditional residential subdivisions, small convenience retail, professional offices, and civic building and community facilities. Larger, sub-regional scale uses may be accommodated on specifically identified sites with direct access to major transportation routes. 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. Relevant to this application are the following: Policy 2-1: Keep development focused in designated Growth Areas in the City. The rezoning request is within the Northern Growth Area, Suburban Use District. While development is concentrated in the growth area, the Suburban Use District is the least dense area within the Northern Growth Area. Policy 2-2: Assure that development occurs in a predictable and orderly manner. The density recommended by the Suburban Use District is 1-5 dwelling units per acre. Single family dwelling units in traditional residential subdivisions are recommended for this district. By requesting a zoning designation of RU-18, Residential Urban-18, even at the highest recommended density of five (5) units per acre, the density would be more than three times the density recommended for the area. Less dense alternatives to the requested rezoning district, allowing for apartments by-right, include RC, Residential Compact zoning district, with a density of 7.3 units per acre and RU, Residential Urban zoning district, with a density of 10.9 units per acre. Policy 2-3: Promote a balance of residential and non-residential land uses. The applicant stated that the estimated rental rates for one-bedroom and two-bedroom apartments will range between $1,271 and $1,892 and will assist with increasing affordable workforce housing available in the area. Several large employers are in the vicinity of the subject property, including the Amazon Fulfillment Center, Blue Bell Creameries, Frito City Council December 15, 2021 RZN2021-015 Page 4 of 8 Lay, warehouses, and businesses located in the Northgate Commerce Park. It is important to note that fair market rates for affordable housing products for FY2021 as established by the U.S. Department of Housing and Urban Development in the Hampton Roads Metropolitan Statistical Area is $972 a month for one bedroom units and $1,147 per month for two bedroom units. Policy 2-4: Promote compatibility in land use patterns. • Action 2-4D: Consider allowing higher density residential development than that prescribed in the 2035 Comprehensive Plan in certain areas of the Suburban Use District where transportation corridors and infrastructure are already established and where the proposed use is compatible with adjacent uses and the established development pattern. The proposed rezoning does not comply with Policy 2-4. Traffic Engineering has expressed concerns regarding the level of service at the two nearest intersections. The 2021 overall level of service (LOS) for Nansemond Parkway/Shoulders Hill Road is LOS C while Nansemond Parkway/Kings Highway operates at LOS F. In the future scenarios provided to staff, Nansemond Parkway/ Shoulders Hill Road and Nansemond Parkway/ Kings Highway intersections operate at a LOS D and F, respectively. The future build and no-build scenarios would not meet the requirements as established within Sec. 31-601, Adequate Public Facilities, which requires a minimum of LOS C in the Northern Growth Area for any rezoning to a zoning district that would increase the number of permitted dwelling units. 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 funding of public facilities. As presented by the applicant, this proposal does not adequately mitigate anticipated off- site impacts to the school system. Adequate capacity is currently not available at the high school level (Nansemond River High School). This issue is discussed in further detail in Section 3 of this report. In addition to school capacity issues, intersections, related to the proposed rezoning, will operate at a LOS D or lower. Sec. 31-601, Adequate Public Facilities, requires a minimum of LOS C in the Northern Growth Area for any rezoning to a zoning district that would increase the number of permitted dwelling units. No improvements were proffered to mitigate traffic concerns. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. • Action 6-1A: Ensure that the City’s land use regulations allow for a variety of housing types, such as single-family detached, single-family attached, and multi- family. City Council December 15, 2021 RZN2021-015 Page 5 of 8 While the proposed development would increase the availability of multi-family dwelling units, the proposed zoning district, RU-18, conflicts with several other Comprehensive Plan policies. The Comprehensive Plan is constructed through use districts that have been designed to achieve a balance and diversification of housing stock throughout the City. The multi-family projects established within the Mixed Use Core, Core Support, and Inner- Ring Suburban Use Districts work to balance the single family development that largely takes place within the Suburban Use District, of which the property in question is located. A development of this density is more appropriate in the Mixed Use Core and Core Support districts. 2. Unified Development Ordinance In Section 31-408 (f) of the Unified Development Ordinance, the RU-18 zoning district is 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. RU-18 is more ideally suited for the Core Support Use District due to its density and scale. The rezoning request does not fulfill Section 31-408 (f) of the UDO as the subject property is not within the Core Support Use District. 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 should be approved which would cause a reduction in the levels of service standards for any public facility impacted. It is important to note that adequate public facilities must be evaluated based on existing conditions and while anticipated future conditions may factor in consideration of the request overall, such future circumstances cannot be considered when evaluating adequate public facilities. Public Water and Sanitary Sewer The Department of Public Utilities reviewed the subject property and offered the following comments. The parcel currently has City water and sewer available for connection by means of 12” water main and 8” force main stub off the 30” HRSD force main on Nansemond Parkway. This site will need to be master metered for both domestic and fire flows, with a private pump station for sewer. The Public Facilities Report provided in the Land Use packet provides water and sewer level of service for the site. An HRSD pressure letter and City water model will need to be obtained prior to design. Based on the information provided, this Department had no objections to this Rezoning Request. City Council December 15, 2021 RZN2021-015 Page 6 of 8 Stormwater Management The subject property is located within the Chesapeake Bay Preservation Area Overlay District. A wetlands and resource protection area (RPA) delineation were provided to staff to verify the presence and location of RPA features. The conceptual plan shows all development outside of the 100-foot RPA buffer. An onsite BMP is also proposed on the property to alleviate stormwater runoff. A BMP maintenance agreement will be required for all stormwater management facilities related to the proposed development. No further comments were offered by the Department of Public Works. Transportation The applicant indicated on the conceptual site plan that two access points will be available from Nansemond Parkway, a main full access point and a secondary access point with right out only access. It is anticipated that the trips generated by the new apartments will results in an additional 1,532 trips. AM Peak hours will result in 22 enter and 74 exit trips while PM Peak hours will result in 71 enter and 42 exit trips. The 2021 overall level of service (LOS) for Nansemond Parkway/Shoulders Hill Road is LOS C while Nansemond Parkway/Kings Highway operates at LOS F. Both the future build and no build scenarios will result in a decrease in LOS for Nansemond Parkway/Shoulders Hill Road to LOS D while Nansemond Parkway/Kings Highway will remain at its existing LOS F. The Adequate Public Facilities Ordinance, Section 31-610 of the UDO, requires a minimum of LOS C in the Northern Growth Area for any rezoning to a zoning district that would increase the number of permitted dwelling units. While currently meeting the Adequate Public Facilities Ordinance, Nansemond Parkway/Shoulders Hill Road will fail to meet the minimum requirement of LOS C in the future build and no-build scenarios. No improvements were proffered by the applicant. These intersections are not currently in the Capital Improvements Program and Plan for improvements. Traffic Engineering reviewed the submitted transportation impact analysis (TIA) and offered the following comments: • The submitted TIA indicates that the Nansemond Parkway/Shoulders Hill Road/Northgate Commerce Parkway intersection will operate at Level of Service LOS D and the Nansemond Parkway/Kings Highway intersections will operate at LOS F in the Build scenario. In accordance with Section 31-601 of the Unified Development Ordinance, all intersections within the study area must operate at LOS C or above in the Northeastern Suburban/Urban Development Area in order to demonstrate that adequate public facilities are available to support the proposed development. Traffic Engineering cannot support the rezoning request without demonstration that adequate public facilities will be available at the time of completion. City Council December 15, 2021 RZN2021-015 Page 7 of 8 • The TIA indicates that installation of a traffic signal will be warranted at the Nansemond Parkway/Kings Highway intersection in the Build condition. Schools This proposal does not adequately mitigate anticipated off-site impacts to the school system. The subject property is assigned to Florence Bowser Elementary School, John Yeates Middle School, and Nansemond River High School. Adequate capacity is currently not available at the high school level. At the time of application submittal, the deficit in student capacity for Nansemond River High School was -550 students, which included students generated from committed development. The proposed development would yield no more than 204 apartment units. After accounting for students generated through by-right development, a maximum of five (5) additional students would be generated. The current capital improvement plan, estimates that student capacity may be advanced at $29,680.00 per student. The per student estimation is based on the proposed high school construction cost of $59,360,000 for 2,000 students. The applicant offered no proffers to advance capacity at the high school level. RECOMMENDATION In summary, staff finds that this proposal, Rezoning Request RZN2021-015, is not consistent with the provisions of the 2035 Comprehensive Plan and the Unified Development Ordinance. Specifically, the Rezoning Request does not comply with Section 31-601 of the Unified Development Ordinance, as adequate public facilities are not met at the high school level nor do the nearest arterial intersections meet the minimum required LOS. Additionally, Staff finds that the density does not comply with the recommendations of the 2035 Comprehensive Plan. Specifically, the proposal is not appropriate for the Suburban Use District as the allowable density for the RU-18 zoning district would be more than three times the recommended density for the use district and could not be supported by the current transportation infrastructure. Accordingly, staff recommends denial of Rezoning Request RZN2021-015.0 The Planning Commission, at their meeting on October 19, 2021, voted 6 to 1 to deny this request. Attachments • General Location Map • Zoning/Land Use Map • Application Narrative • Conceptual Site Plan • Proposed Ordinance • Exhibit A - Planning Commission Recommendation City Council December 15, 2021 RZN2021-015 Page 8 of 8 • Exhibit B – Property Map • Exhibit C – Rezoning Exhibit ORDINANCE NO. AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM RLM, RESIDENTIAL LOW-MEDIUM DENSITY ZONING DISTRICT, TO RU-18, RESIDENTIAL URBAN-18 ZONING DISTRICT FOR PROPERTY LOCATED ON 5100 NANSEMOND PARKWAY, ZONING MAP 20, PARCEL 19, ACCOUNT NUMBER 303740000; RZN2021-015 WHEREAS, Jon M. Babineau, BECO Asset Management, LLC, agent, on behalf of C. Burton Cutright, HBKC II, LLC, applicant, on behalf of Luther J. Upton III, Upton Farms, Inc., property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone the official zoning map of the City of Suffolk to change the zoning from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban-18 zoning district, for property located at 5100 Nansemond Parkway, Zoning Map 20, Parcel 19, 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 the 15th day of December, 2021, 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”, and Exhibit “B”, “Property Map,” and Exhibit “C,” “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”). Section 3. Rezoning. 1. The property as shown on the attached Exhibit “C” is hereby, rezoned and the official zoning map be, and it is hereby, amended from RLM, Residential Low Medium Density zoning district, to RU-18, Residential Urban-18 zoning district. 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 Dawley, City Clerk Approved as to Form: _______________________________________ Williams E. Hutchings, Jr., City Attorney Δ Δ 630 N. WITCHDUCK RD. - VA BEACH, VIRGINIA 23462 P757.226.0081 - F757.226.8765 www.blakewaycorp.com EXHIBIT C Ordinances Resolutions Staff Reports AGENDA: December 15, 2021, Regular Session ITEM: Motion - A motion to schedule a public hearing for January 5, 2022, to receive public comment on an ordinance authorizing the acquisition of real property in fee simple and/or permanent and/or temporary easements, either by agreement or condemnation, for the Pughsville Drainage Improvements Phase II Project This project proposes to provide much needed drainage improvements in the Pughsville area. This will be accomplished by installing a drainage trunk line down John Street from Townpoint Road to the outfall at the end of John Street in the City of Chesapeake. A stormwater pond will also be included south of Queen Street to help attenuate some of the flow going into Chesapeake. The stormwater pond will also provide some water quality credits for the project. With a portion of the project along John Street being in the City of Chesapeake, it should be noted that coordination between the two municipalities is required. A motion is requested to schedule the required public hearing to be held at the January 5, 2022, City Council Meeting. A motion to schedule a City Council Work Session, for Wednesday, January 5, 2022, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments