City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF JUNE 15, 2022 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION June 15, 2022 4:00 p.m. City Council Chamber 1. Plan of Finance 2.* Appointments 3.* Economic Development Proposals 4.* Disposition of Property – Tax Map 10*46 * Proposed Items for Closed Session AGENDA: June 15, 2022, Work Session ITEM: Plan of Finance A representative from the City’s financial advisor, Davenport & Company, will provide City Council with an update regarding the Plan of Finance for the 2022 general obligation and stormwater enterprise bond issuances.  SUFFOLK CITY COUNCIL AGENDA June 15, 2022 6:00 p.m. City Council Chamber 1. Call to Order 2. Nonsectarian Invocation 3. Approval of the Minutes 4. Special Presentations 5. Removal of Items from the Consent Agenda and Adoption of the Agenda 6. Agenda Speakers 7. Consent Agenda – A resolution adopting the “2022 Hampton Roads Hazard Mitigation Plan” 8. Consent Agenda – A resolution to endorse project applications under the Smart Scale Funding Program for Shoulder's Hill Road Widening, 2-4 Lanes, Phase 2; Shoulder's Hill Road Widening, 2-4 Lanes, Phase 3; King's Highway Bridge Replacement 30% Design Plan; and Bridge Road (Rte. 17) and College Drive (Rte. 135) Left Turn Lane 9. Consent Agenda – A resolution to endorse a project application under the Smart Scale Funding Program for Windsor to Suffolk Commuter Bus Service 10. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Public assembly not otherwise enumerated, on property located at 1226 White Marsh Road, Suite 202, Zoning Map 35, Parcel 168D, Account Number 053405100; CUP2021-016 11. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, for property located at 130 Commerce Street, Zoning Map 34G18(A), Parcel 246, Account Number 352872000; CUP2022-008 12. Public Hearing – An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, on property located at 156 W Washington Street, Zoning Map 34G18(A), Parcel 312, Account Number 351316000; CUP2022-007 13. Public Hearing – An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 3708 Knotts Creek Lane, Zoning Map 12, Parcel 55M, Account Number 301412000; CUP2022-010 14. 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 31-612, Street Improvement Standards; OTA2022-001 15. Ordinance – An ordinance authorizing the City to participate in a Firearm Buyback Program and destroy surrendered firearms 16. Staff Reports 17. Motion – A motion to schedule a public hearing on July 6, 2022, to receive public comment on a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority 18. Motion – A motion to schedule a public hearing for the July 20, 2022, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2022, and Stormwater Enterprise Bonds 19. Motion – Motion to request the Planning Commission to review conditional use permit application schedules for existing uses requiring a permit 20. Motion – A motion to schedule a City Council Work Session, for Wednesday, July 6, 2022, at 4:00 p.m., unless cancelled 21. Non-Agenda Speakers 22. New Business 23. Announcements and Comments 24. Adjournment 2 City Council Work Session December 15, 2021 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 15, 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 (arrived at 4:08 p.m.) Lue R. Ward, Jr. LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None BROADBAND INITIATIVES UPDATE Utilizing a PowerPoint presentation, Interim Information Technology Director Regina Chandler, Eric Collins, Government Relations Director, Charter Communication, and Senior Administrative Analyst Randah Gaitan gave an update about the above referenced item. Referring to the presentation, Council Member Fawcett asked if there would be a location on the City’s website about the progress of the project. Ms. Gaitan replied in the affirmative. Referring to the presentation, Council Member Johnson inquired about the point of contact for residents’ concerns. Mr. Collins advised that Spectrum Project Manager Mike French could be contacted with concerns. Referring to the presentation, Council Member Johnson asked about future service for those home not currently included in this phase of broadband expansion. Mr. Collins advised it would depend on the source of funding for broadband expansion to each area. Referring to the presentation, Council Member Ward solicited information about the communities getting broadband. Ms. Gaitan explained that parts of Whaleyville, Holy Neck and the Godwin area are slated for expansion under Coronavirus Aid, Relief, and Economic Security (CARES) Act funding. Referring to the presentation, Council Member Ward called for clarification about the accessibility of the areas that will be included in this phase of broadband expansion. Ms. Gaitan stated that information is available on the City’s webpage. 1 City Council Work Session December 15, 2021 PRESENTATION OF THE FISCAL YEAR 2021 ANNUAL COMPREHENSIVE FINANCIAL REPORT Finance Director Tealen Hansen introduced Rob Churchman, Audit Partner, Cherry Bekaert, LLP, the City’s auditors. Utilizing a PowerPoint presentation, Mr. Churchman offered information on the above referenced item. Referring to the presentation, Vice Mayor Bennett asked whether the audit for Suffolk Public Schools and the City are the same. Mr. Churchman replied in the affirmative and referenced the results in the audit’s exhibits. Referring to the presentation, Council Member Goldman inquired about any surplus. Finance Director Hansen said the surplus is $11,800,000. Referring to the presentation, Mayor Duman inquired about the public’s access to audit information for Suffolk Public Schools. Finance Director Hansen reported that Suffolk Public Schools does not write an audit book like the City. She added that the statements for Suffolk Public Schools’ are contained in the City’s audit. She concluded that if the public wants more information about Suffolk Public Schools than the information contained in the audit report, any individual could submit their inquiries to Suffolk Public Schools. Mr. Churchman added the state does an annual school report, as well. COMPENSATION PLAN UPDATE Utilizing a PowerPoint presentation, City Manager Moor explained that additional work on the plan needs to be completed so that an accurate picture of the City’s compensation can be ascertained. Referring to the presentation, Council Member Fawcett asked whether recommendations would be retroactive. City Manager Moor advised that the issue is being examined. Council Member Fawcett asked whether the study would be completed by February 2022. City Manager Moor replied that it is the goal to have it done as soon as possible. Referring to the presenation, Council Member Goldberg asked about the reason for the delay in completion of the study. City Manager Moor reported that other localities were slow in sharing their data, because they were finishing their own studies. 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 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 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, Local 2 City Council Work Session December 15, 2021 Board of Building Code Appeals, Parks and Recreation Advisory Commission, Sister Cities Commission, Southeastern Public Service Authority, The Planning Council, Tidewater Youth Services and Western Tidewater Community Services Board. Council Member Fawcett, on a motion seconded by Council Member Williams, moved that City Council convene in a closed meeting for the above referenced purpose, 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 5:09 p.m. The Closed Meeting concluded at 5:15 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 3 City Council Regular Meeting December 15, 2021 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, December 15, 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., 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 December 15, 2021, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, 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 DECEMBER 15 2021, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting December 15, 2021 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Johnson, moved to approve the minutes from the June 16, 2021, 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 SPECIAL PRESENTATIONS A. Special Presentation – COVID-19 Update Utilizing a video presentation, Dr. Billie Blair-Taylor, Interim Director, Western Tidewater Health District, provided an overview of the above referenced item. Referring to the presentation, Council Member Goldberg asked whether the Omicron variant of COVID- 19 has arrived in Suffolk. Dr. Blair-Taylor advised that the variant is in the western part of the state, but not yet here. She estimated there is generally a two to three week lag time. Referring to the presentation, Council Member Goldberg asked about efforts relating to a booster vaccine. Dr. Blair-Taylor said efforts to encourage vaccination before the holidays have been undertaken, and the rate of initial vaccination has also increased. Referring to the presentation, Council Member Goldberg inquired about incidences of the Omicron variant in the schools. Dr. Blair-Taylor explained that whenever there is an increase in transmission in the community, transmission in schools can be impacted. B. Special Presentation – 2021 National Night Out National Award Utilizing a video presentation, Media and Community Relations Director Diana Klink gave a summary of the above item, and Interim Police Chief Chandler offered a report on the above referenced item. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Mayor Duman said that a motion was in order at this time to adopt the agenda, as presented. He then advised that City Manager Moor had additional information for City Council. City Manager Moor announced that the agenda needed to be amended to continue the public hearing for Item 13 - 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) to the January 19, 2022, City Council meeting and adopt the remainder of the agenda as presented. 2 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to amend the agenda to continue consideration of Item Number 13 to the January 19, 2022, City Council meeting and adopt the remainder of 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 items under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to temporarily increase the maximum accumulation limits for annual leave and paid time off Consent Agenda Item #8 - An ordinance to accept and appropriate funds for the Suffolk Sheriff’s Department Operation Helping Hands Toy Drive Consent Agenda Item #9 - An ordinance to accept and appropriate funds from the Virginia Department of Environmental Quality for the City of Suffolk Litter Prevention and Recycling Program Referring to Consent Agenda Items #7 through #9, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Williams, on a motion seconded by Council Member Goldberg, moved to approve the Consent 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 PUBLIC HEARINGS 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 Utilizing a PowerPoint presentation, Interim Planning and Community Development Assistant Director Kevin Wyne provided a synopsis of the background information as printed in the official agenda. Mark Perry, 2000 Liberty Creek Lane, Chesapeake, Virginia, applicant, on behalf of SMM Southeast LLC, property owner, spoke in support of the ordinances as presented. Hearing no additional speakers, the public hearing was closed. 3 City Council Regular Meeting December 15, 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 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 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 Utilizing a PowerPoint presentation, Interim Planning and Community Development Assistant Director Kevin Wyne provided a synopsis of the background information as printed in the official agenda. William E. Goodman, Jr. 909 Barbara Drive, property owner, spoke in support of the ordinance as presented. William E. Goodman, Sr., no address given, representing self, spoke in support of the ordinance as presented. Wallace Johnson, 2086 Nansemond Parkway, representing self, spoke in support of the ordinance as presented. John Vann, 75 Hollis Wood Drive, Hampton, Virginia, representing self, spoke in support of the ordinance as presented. Hearing no additional speakers, the public hearing was closed. Council Member Williams moved to approve the ordinance as presented. The motion failed to receive a second. Council Member Ward asked the applicant about the activities at the parcel under consideration. Mr. Goodman, Jr. said that it was his intent to change and repair new and used tires at the parcel under consideration. Vice Mayor Bennett asked the applicant about the difference between the proposed use for the North Main Street location, the parcel under consideration, versus his location on East Washington Street. Mr. Goodman, Jr. said that used tires are utilized at the East Washington Street site, while new tires will be offered at the North Main Street shop. He further explained that the containers ordered for tire storage have not arrived yet. Council Member Goldberg asked the applicant about the storage of vehicles and tires at the North Main Street site, the parcel under consideration. Mr. Goodman, Jr. replied that vehicles would not be stored on the site, and tires will be stored at inside containers at North Main Street before taken to the landfill. 4 City Council Regular Meeting December 15, 2021 Council Member Williams, on a motion seconded by Council Member Ward, moved to approve the ordinance as presented. Council Member Fawcett asked about the involvement of the Suffolk Fire Department in the consideration of the application. Interim Planning and Community Development Assistant Director Wyne reported the Suffolk Fire Department and Community Development Division were both heavily involved in the recommendation limiting storage to 100 tires. Referring to the presentation, Mayor Duman solicited confirmation that only tire repair will exist at the parcel under consideration. Mr. Goodman, Jr. confirmed that would be the case. Referring to the presentation, Council Member Ward asked if there was a fence behind the building. Mr. Goodman, Jr. advised that there is a fence to the left of the property but not behind the property. Council Member Williams, on a motion seconded by Council Member Ward, 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, Johnson, Ward and Williams 7 NAYS: Council Member Goldberg 1 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 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 Utilizing a PowerPoint presentation, Planning and Community Development Interim Assistant Director Wyne provided a synopsis of the background information as printed in the official agenda. Claudia Cotton, 214 Charlemagne Drive, representing the Coastal Virginia Building Industry Association, spoke in support of the proposed amendment but opined about the calculation of school capacity. John Napolitano, 1492 South Independence Boulevard, Virginia Beach, Virginia, representing Napolitano Homes, requested a motion to direct staff to re-evaluate school generation. Tuck Bowie, 4705 Columbus Street, Virginia Beach, Virginia, representing the Terry Peterson Companies, asked for a motion to direct staff to re-evaluate school generation. Hearing no additional speakers, the public hearing was closed. Council Member Fawcett made a motion to direct staff to go back and review the cost per student for schools. The motion failed to receive a second. 5 City Council Regular Meeting December 15, 2021 Mayor Duman explained that the best course of action is to take action on the proposed ordinance and address any matters regarding school generation under New Business. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to approve the ordinance, as presented, 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 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 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) Mayor Duman reiterated to those in attendance that the public hearing for RZN2021-015 was continued to the January 19, 2022, City Council meeting. ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS There were no items under this portion of the agenda. MOTIONS Council Member Fawcett asked whether he could offer a motion regarding the calculation of staff generation rates. Mayor Duman advised him the matter could be addressed under New Business. 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 6 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved 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, 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, January 5, 2022, at 4:00 p.m., unless cancelled Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to schedule a City Council Work Session, for Wednesday, January 5, 2022, 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 Dr. DawnMarie Brittingham, 7295 Harvent Drive, representing The Watchdog Group, requested an audit of Suffolk Public Schools. Kirstyn O’Neill, 3504 Prices Fork Road, representing self, spoke about the expansion of Northern Shores Elementary School. Garet Watters, 105 Babbtown Road, representing self, opined about COVID-19. David Fulkerson, 100 Massey Drive, representing self, offered COVID-19 comments. NEW BUSINESS City Clerk Dawley presented the following board and commission nomination: Southeastern Public Service Authority ex-officio alternate – Robert Lewis and Community Policy and Management Team Private Provider Organization representative – Sheridan Meriweather. Council Member Williams, on a motion seconded by Council Member Ward, 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 7 City Council Regular Meeting December 15, 2021 Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to direct staff to research the cost per student calculation formula. Referring to the motion, Council Member Johnson asked about the process. Interim Planning and Community Development Assistant Director Wyne advised that staff would research the matter, work with the Planning Commission’s Committee on Ordinances to refine the language and present the findings to the Planning Commission before they would be considered by City Council. Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to direct staff to research the cost per student calculation formula, 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 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Assistant Director Timothy Kelley provided a report on the following: the City’s holiday festivities; the Suffolk Police Department’s Holiday on the Beat; the promotion of Darryl Lewis to Public Works Assistant Director; the Department of Public Works Department’s quarterly report; the City’s broadband initiatives webpage; application process for the Real Estate Tax Program; the City’s Christmas and New Year’s operating schedules; the distribution of COVID-19 test kits; and the Commonwealth’s coronavirus vaccination finder website and customer service number. Council Member Butler Barlow lauded the City’s Holiday Parade. Council Member Johnson opined about the City’s broadband expansion program. Council Member Johnson extended sympathy to residents of Kentucky, who were victims of tornadoes. Council Member Johnson encouraged eligible resident to apply for the City’s Real Estate Tax Relief Program. Council Member Johnson wished Pearlie Mae Holland a happy birthday on December 26th. Council Member Fawcett recapped the following presentations: the City’s audit, the City’ broadband expansion, and the City’s Holiday Parade. Council Member Fawcett thanked the Office of the Sheriff and Suffolk Public Police for their holiday gift donations. Council Member Fawcett opined about the young artists who decorated downtown storefronts. Council Member Fawcett congratulated Public Works Assistant Lewis on his promotion. Council Member Fawcett opined about the holiday lights display in Sleepy Hole Park. Council Member Fawcett opined about the tornadoes in Kentucky. 8 City Council Regular Meeting December 15, 2021 Council Member Fawcett recognized Diana Klink on her retirement. Council Member Williams congratulated Public Works Assistant Director Lewis on his promotion. Council Member Williams announced he attended the Hampton Roads Chamber of Commerce City Managers Forum. Council Member Williams reported on Whaleyville town meetings. Council Member Williams opined about the City’s Holiday Parade. Council Member Williams acknowledged City Administration for addressing the following issues: the replacement of a light at East Washington Street and Liberty Street and for debris removal at Kilby Avenue and Cannon Street. Council Member Goldberg congratulated Public Works Assistant Director Lewis on his promotion. Council Member Goldberg recognized Diana Klink on her retirement. Council Member Goldberg announced he attended a recent meeting of the Economic Development Authority. Council Member Goldberg opined about the Hampton Roads Workforce Council. Council Member Ward offered comments about the Public Works Department notice regarding delays in recycling service. Council Member Ward opined about redistricting in the City. Council Member Ward congratulated Public Works Assistant Director Lewis on his promotion. Council Member Ward said he attended the Hampton Roads Chamber of Commerce City Managers Forum. Council Member Ward commented on Ms. O’Neill’s remarks during Non-agenda Speakers. Council Member Ward reported on the City’s Holiday Parade. Council Member Ward opined about the Whaleyville town halls Council Member Ward recognized Diana Klink on her retirement. Council Member Ward said he is going to help victims of the Kentucky tornadoes and thanked Mayor Duman and Council Member Ward for donations. Vice Mayor Bennett talked about the young artists who decorated downtown store fronts. Vice Mayor Bennett opined about the City’s broadband expansion. 9 City Council Regular Meeting December 15, 2021 Vice Mayor Bennett encouraged residents to participate in the City’s Real Estate Tax Relief Program. Vice Mayor Bennett acknowledged the Salvation Army volunteers. Vice Mayor Bennett thanked City Treasurer Ronald Williams for a donation to Boys and Girls Club of Southeastern Virginia-Suffolk Unit in Suffolk. Vice Mayor Bennett talked about the holiday lights and decorations in the City. Vice Mayor Bennett congratulated Public Works Assistant Director Lewis on his promotion. Vice Mayor Bennett recognized Diana Klink on her retirement. Vice Mayor Bennett reported on his attendance at the Calvin Malone Allstate Ribbon Cutting. Mayor Duman talked about the City’s broadband expansion. Mayor Duman reported on the Whaleyville town hall he attended. Mayor Duman offered comments about the City’s audit. Mayor Duman reported he attended the following events: opening of Suffolk’s Drug Court; Commonwealth’s Attorney C. Phillips Ferguson’s retirement party; Hampton Roads Chamber of Commerce’s City Managers Forum; the Hampton Roads Chamber of Commerce Annual Meeting; the City’s Holiday Party and the City’s Holiday Parade. Mayor Duman talked about the expansion of Northern Shores Elementary School in the Capital Improvement Program. Mayor Duman summarized the Public Works Department’s quarterly report. Mayor Duman recognized Diana Klink on her retirement. Mayor Duman gave a year-end wrap up. Council Member Fawcett, on a motion seconded by Council Member Williams, 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 10 City Council Regular Meeting December 15, 2021 There being no further business to come before City Council, the regular meeting was adjourned at 8:52 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 11 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: June 15, 2022, Regular Session ITEM: Consent Agenda - A resolution adopting the "2022 Hampton Roads Hazard Mitigation Plan" This resolution is to adopt the "2022 Hampton Roads Hazard Mitigation Plan." This plan is an update of the "2017 Hampton Roads Hazard Mitigation Plan" that was adopted by City Council on February 15, 2017. An adopted Hazard Mitigation Plan is required by the Federal Emergency Management Agency (FEMA) as a condition of future Hazard Mitigation funding for pre- and post- disaster hazard mitigation. FEMA requires that the Hazard Mitigation Plan be updated and adopted by the governing body every five years. The City of Suffolk participated in a regional planning process to develop the Hampton Roads Hazard Mitigation Plan. Along with the City of Suffolk, the following Cities, Counties, and Towns are included in the plan: • Cities: Hampton, Newport News, Poquoson, Williamsburg, Norfolk, Portsmouth, Virginia Beach, Chesapeake, and Franklin. • Counties: James City, York, Isle of Wight, Southampton, and Surry. • Towns: Smithfield, Windsor. The "2022 Hampton Roads Hazard Mitigation Plan" addresses regional vulnerability on a wide range of hazards that threaten the safety of residents and have the potential to damage or destroy both public and private property and disrupt the local economy and overall quality of life. The plan recommends specific actions designed to protect the residents, business owners, and the built environment. RECOMMENDATION: Adopt the attached resolution ATTACHMENT: Resolution ORDINANCE NO. __________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 1226 WHITE MARSH ROAD, SUITE 202, ZONING MAP 35, PARCEL 168D; ACCOUNT NUMBER 053405100; CUP2021-016 WHEREAS, Joel Nichols, agent, on behalf of George W. Adams, Jr., applicant, on behalf of Big Bear, LLC, property owner, has requested a Conditional Use Permit to establish a Public assembly, not otherwise enumerated, on a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Zoning Map 35, Parcel 168D, and which land is depicted on Exhibit “B,” “Property Map”; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", Exhibit “C”, “Floor Plan” which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. Council finds that the proposal for a Conditional Use Permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a Public assembly, not otherwise enumerated, that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities with the conditions set AGENDA: June 15, 2022, Regular Session ITEM: Public Hearing - An ordinance to grant a Conditional Use Permit to establish a Bar and Nightclub, on propelty located at 156 W Washington Street, Zoning Map 34G18(A), Parcel 312, Account Number 3 51316000; CUP2022-007 Attached for your consideration is information perlaining to Conditional Use Permit Request, CUP2022-007, submitted by Rennee Townsend, applicant and property owner, on behalfofJeffrey Townsend, property owner, in accordance with Sections 3i-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Bar and Nightclub on property located at 156 W Washington Street, Zoning Map 34G18(A), Parcel 312. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. The 2035 Comp_&hqnqlre Ban designates this area as part of the Central Growth Area, Mixed Use Core District. The Planning Commission, at their meeting of May 17,2022,voted 4 to 2 to approve a rcsolution rccommending approval of this request. ATTACHMENTS: StaffReport General Location Map Zoning I Land Use Map Nanative Description of Proposed Use Proposed Ordinance Exhibit A - Planning Commission Recommendation ExhibitB-PropertyMap ExhibitC-FloorPlan  STAFF RE,PORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request, CUP2022-00007, Rennee's Restaurant and Lounge, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Bar and Nightclub. APPLICANT: Submitted by Rennee Townsend, applicant and property owner, on behalf of Jeffrey Townsend, property owner. LOCATION: The affected property is located at I 56 W Washington Steet, Tax Map 34G18(A), Parcel 312, PRESENT ZONING: CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. EXISTING LAND USE: The subject parcel features a 4,920 square foot two-story commercial building. The ground floor is cunently utilized as a rcstaurant and lounge. The second floor consists of the applicant's personal office space and is not proposed to be utilized as part of this request. PROPOSED LAND USE: The applicant proposes to use only the ground floor of the existing building as a Bar and Nightclub, inclusive of live entertainment. SURROUNDING LAND USES: North - Mixed use structures zoned CBD, Central Business District zoning district. South - Mixed use structures zoned CBD, Central Business District zoning district. East - Mixed use stmctures zoned CBD, Central Business District zoning district. West - Mixed use strucfures zoned CBD, Central Business District zoning district. COMPREHENSIVE PLAN: The City's 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Mixed Use Core District. CHESAPEAKE BAY PRESERYATION AREA DESIGNATION: This property is located within the Chesapeake Bay Presewation Area Overlay District, is designated as a Resource Management Area and an Intensely Developed Area (IDA). 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. Notice to the applicant, containing a copy ofthe staff repoft, was also sent on May 13,2022 and June 10,2022. CASE HISTORY: The applicant obtained a Certificate of Appropriateness for wall and window signage on March 10,2022 after going before the Historic Landmarks Commission (HLC). Please be advised a Notice of Violation was issued to the poperty owner on March 4, 2022 for "Live Entefiainment" being conducted without the approval of a Conditional Use Permit. The property City Council hrc 15,2022 cuP2022-00'1 Page 2 of 6 owner subsequently submitted this request in an effofi to come into compliance. STAFF ANALYSIS ISSUE Rennee's Restaumnt and Lounge, located at 156 W Washington Sheet, culrently provides food and alcohol onsite for which they have already obtained their ABC permit fi'om the Virginia Depafiment of Alcoholic Beverage Control and necessary permits from the Health Depafiment seven days a week between the hours of 9am - 2am. The applicant proposes to utilize only the ground floor ofthe existing building to establish a Bar andNightclub, for the purposes ofproviding live enterlainment in the form of comedians, hookah, disc jockey, and live music in addition to hosting wedding receptions. The applicant is proposing to have live entertainment between the hours of 9am-2am Monday through Friday and 24 hours a day on Saturday and Sunday. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a Bar and Nightclub within the CBD, Central Business District zoning distlict. A Bar and Nightclub is defined as a bar, restaurant, or similar establishment where a dance floor or live entetainment is provided. 2. The site is currently served with City water and sewer and as such the Department of Public Utilities has no concems in regards to the conditional use permit request. 3. No building expansions are proposed as a result of this request; as such the Department of Public Works, Engineering Division, has no concems. 4. The Deparlment of Public Works, Traffic Engineering Division has reviewed the request and has no conceras. 5. Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a Conditional Use Permit recognizes uses that, because oftheir unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning distlicts as a matter of right. Rather, such uses arc permitted through the approval ofa Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria, 31-306(c) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council, and only if the applicant demonstrates that: a) The proposed conditional use sholl be in compliance $tith oll regulations of the applicable zoning distt'ict, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as setforth in Article 7 of the Ordinance. City Council l\ne 15,2022 cuP2022-00'7 Page 3 of6 The proposed use of a Bal and Nightclub is permitted only with the apploval of a Conditional Use Pernit in the CBD, Central Business District zoning district per the City's Unified Development Ordinance. All requirements as set forth in Articles 6 and 7 of the Unified Development Ordinance must be met. The proposed Bar and Nightclub would represent a change in use ofthe property. Building permit review and approval will be required before commencement ofthe use. In addition, this properly is located within the Historic Conselation Ovellay District and is subject to the lequircments of the Historic District Design Guidelines; therefore, any exterior changes to the propefty will require a Certificate of Appropriateness b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning dislrict in u,hich it is located. The proposol os subnlitted or ntodifed shall have no more adyerce effects ot1 health, sdety or comfort of persons living or u,orking in or driying through the neigltborhood, or shall be no more injurious to pt'operly or improvements in the neighborhood, thanwould any otlter use generally permitted in the same dislt'ict. In mdking such a determination, consideration should be gfien to the location, type and height of buildings or stntctures, the type qnd extent of londscaping and screening on the site and y,hether the proposed use is consistent u)ith any theme, action, policy or map of the Comprehensire Plan which encouroges mixed uses and/or densities. The ploposed use will utilize the ground floor of an existing two-story commercial building located in an established commercial and residential area located in the downtown core of the City of Suffolk. The property is surounded by CBD, Central Business District which has a mix of different commercial uses such as retail stotes, restaurants, office spaces, and apartments. The proposed Bar and Nightclub will have smoking, dining, and provide live entertainment in the establishment. The proposed use is similar to other uses seen in the surrounding area; however', there are residential uses in the immediate area. The proposed Bar and Nightclub at this site is consistent with other various uses that are located within the downtown core and with the proper smoke abatement shall be no more injurious to the surrounding neighborhood than would any other use pemitted in the same district. While the applicant is proposing to have live entertainment between the hours of 9am- 2am Monday through Friday and 24 hours a day on Saturday and Sunday, these hours do not align with the hours prcviously approved fol similar uses in the Central Business District. The hours Staff recommends which have been consistently approved for this use are 9am to 1lpm Sunday through Thursday and 9am to 12am (midnight). c) Adeqtrate meosures shall be taken to proyide ingt'ess and eg.ess so designed as to minimize h'afic hazards and to minimize traffic congestion on the public roads. There is on-street and public parking available in the immediate area that is anticipated to adequately serve the proposed use, which is permitted in the CBD district. The referenced public parking lots are located at 107 Norlh Saratoga Street and 144 South Saratoga Street; no private palking lots have been included to satisfo this need. As previously stated, the Department of Public Works, Traffic Engineering Division, has leviewed the proposed use and has no concems. City Council June 15,2022 cuP2022-007 Page 4 of6 d) The proposed use shall not be noxioxts or offensh,e by reason ofvibrotion, noise, odor, dust, sntoke or gas. The applicant is required to abide by all city regulations pertaining to sound control and noise. The proposed hours of opelation are Monday tluough Friday 9am to 2am and 24 hours a day on Saturday and Sunday. These hours ofoperation do not align with the hours of operation that have been consistently approved for similar uses that have required a Conditional Use Permit. Similar uses have consistently been approved with the hours ofoperation of Sunday though Thursday 9 am to 1 1 pm and Friday thlough Saturday 9 am to 12 am midnight. Due to the proximity of residential uses staff has recommended that all operations cease at 1l pm Sunday thlough Thursday and 12am, midnight, on Friday and Saturday evenings, which is consistent with previous lecommendations for similar uses. Lastly, srnoke abatement is required and will be addressed at the time a building permit is obtained for the change in the use of the building. Staff believes this request as proposed and with the conditions recommended by staff shall not be noxious or offensive by reason of odor, dust, smoke, or gas. e) The proposed use shall not be injtn'ious to the trse qnd enjoyments of tlle proper1/ i.n the immediate vicinityfor the purposes already permitted nor substontially diminish or impa ' the property values within the neighborhood. The proposed use of a Bar and Nightclub with the proper smoke abatement is not anticipated to diminish or impair property values within the Central Business District as the use is similar to many like uses that are permitted within the district. Additionally, in accordance with Article 4, Section 31-408(i) of the Unified Development Ordinance, it is understood that due to existing development density in the CBD, public facilities are adequate to serve the proposed use. "0 The establishment of the proposed use shall not impede the orderly developm.ent and improvement of sw'ounding property for uses permitted within the zoning disn'i.ct. As previously stated, the propefiy is located in a developed area within an existing sfiuctu€. The proposed Bar and Nightclub is similar and compatible with the surounding uses in the neighborhood with the conditions recommended by staff. The use of this prcperty should not impede the orderly development and improvement of sunounding propefiies. g) The establishment, maintendnce or operation of the proposed use shall not be den'imentql to ot' endanger the public health, safety, morals, comfort or general welfare. The proposed use will be located in an established commercial area in the city's downtown district. Staffhas attached conditions to limit potential negative effects that may r€sult from this type of use, and the applicant must comply with all regulations regarding noise. As proposed, and with the appropriate conditions, this use is City Council lrne 15,2022 cuP2022-007 Page 5 of6 anticipated to operate in a fashion that is compatible with the charactel ofthe existing neighborhood. The proposed use at this location is not anticipated to endarger the public health or general welfare ofthe community. h) The public interest and u,eAare supporting the proposed conditional use shall be srfficient to otth,veigh the individual interests y,hich are adt ersely affected \t the establisltment of the proposed use. The public interest and welfare should not be cornpromised by the proposed use at this location. The individual interests of persons within the neighborhood should not be adversely affected by the proposed use. RECOMMENDATION Stafffinds that the proposed use of a Bar and Nightclub, meets criteria for Conditional Use Permits set forth in Section 31-306 of the Unified Development Ordinance, and that the use should not negatively impact the surrounding area with conditions that would serve to mitigate potential adverse impacts. Accordingly, staff recommends approval of CUP2022-007 with the conditions as noted in the attached resolution and ordinance: 1. This Conditional Use Permit is granted to establish a Bar and Nightclub, on the ground floor ofan existing principal structure located at i56 W Washington Street, Zoning Map 34G18(A), Parcel 312. The hours ofoperation for the Bar and Nightclub shall be as follows: Sunday- Thursday 9:00am lo ) l:00pm Friday- Saturday 9:00am to l2:00am (Midnigh) 3. The applicant shall be responsible to ensure compliauce with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; including, but not limited to: The Virginia Administrative Code and the City's noise standards. 4. The occupancy shall be apptoved by the City's Building Offrcial and Fire Marshal in accordance with applicable State building code requirements, in addition to meeting all Fire and Life safety regulations. All building permits shall be obtained fi.om the Division of Community Development. 5. The business owner, or a representative of the owner, shall be present on the properly during all events. The applicant shall be responsible for al1 activities conducted at the facitity including the consumption of alcoholic beverages under the authority of a license issued by the Department of Alcoholic Beverage Control. 7. Events that servs alcohol require security by Department of Criminal Justice Services (DCJS) registered and approved security officers. City Council Jwte 15,2022 cuP2022-00'7 Page 6 of6 8. Interior and exte or lighting shall be provided at entlance/exit points. Any use of pyrotechdcs shall be plohibited. 9. An alarm system shall be provided by a licensed alarm company with a central monitoting system. Both audible and strobe alarms ale recommended with the audio to be heard outside the building. Heat, motion and glass bteakage sensors are also recorrmended. Adverlise plesence of alarm system to deter break-ins. 10. Digital video sulveillance shall be provided at front and rcar entrance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. I 1. This property is located within the Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness. 12. The applicant shall provide smoke abatement and will be addressed at the time a building permit is obtained for the change in the use of the building. 13. Iffood preparation is to occur on-site, Health Department approval is required. The Planning Commission, at their meeting on May 17,2022, voted 4 to 2 to approve a resolution recomrnending approval of this request. Attachments o General Location Map . Zoning I Land Use Map . Narrative Description of Proposed Use . Ploposed Oldinance . Exhibit A - Planning Commission Recommendation . Exhibit B - Property Map o Exhibit C - Floor Plan  GENERAL LOCATION MAP cuP2022-007 Central Growth Area ft sualecr eRoeeRw ! rvrrxeo usE coRE l---l cone suPPoRr [_--] rr.rrueR-Rrrue suBURBAN ! suaunaau f nunar- coNSERVATtoN ! nunel aonrcuLrumL f vuoe User Name:Awood 10.50 '1 23 Dale:0312212022 EMiles  ZONING / LAND USE MAP cuP2022-007 user Name:Awood Dale:03n?,2022 90 45 0 90 180 270 Feel  Narritive Rennee' Restaurant & Lounge 156 West Washington Street, Suffolk, Virginia 23434 Email: renneescc@gmail.com March 21,2022 Cont' The proposed use will be a full-service restaurant featuring live entedainment. Public Facilities: The purpose and intent of adequate public facilities is to ensure that facilities are available to support the new use and the associated impacts and that each public facility meets or exceed the Level of Service standards established by the 2026 Comprehensive PIan and the Unified Development Ordinance. Public utilities are available in the area and already sized adequately for the proposed use. Building Code: The subject property contains a two story structure. First floor is identified as 156 West Washington Street which is the subject of this Conditional Use Permit request. Historic Gharacter: The building along West Washington Street are zoned Central Business District and Historic Conservation Overlay District. GonditionalUse PermitApprovalCriteria (Section 31-306)Pursuantto Section 31-306 of the UDO, a conditional Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are permitted in Central Business District, ORDINANCD NO. AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BAR AND NIGHTCLUB, ON PROPERTY LOCATED AT 156 W WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 312, ACCOUNT NUMBER 3s13r6000 ; CAP2022-007 WHEREAS, Rennee Towrsend, applicant and propeny o!!ner, on behalf of Jeffrey Townsend, property owner has requested a conditional use permit for a bar and nightclub on a certain tract ofland situated in the City ofSuffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Zoning Map 34G18(A), Parcel 312, and which land is depicted on Exhibit "B", "Property Map"; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and A,rticle 1, Section 31-102 and Article 3, Section 31-306(c) (1 through 8) ofthe Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 nd 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A',. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section i. Exhibits. Exhibit "A", "Planning Commission Recommendation", and Exhibif "B", "Property Map", and Exhibit "C", "Floor Plan", which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findines. Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a bar and nightclub, that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to propefiy or improvements in the neighborhood than would any other use genelally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistenl with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities with the condilions set  forth below. These findings are based upon flre consideration for the existing use and character of propefiy, the Complehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements ofthe community as to land for various purposes as determined by population and economic studies and othef studies, the t'anspoftation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and othel public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation ofproperlies and their values, and the encouragement ofthe most appropriate use ofland tllroughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of abar and nightclub is by the imposition ofthe conditions provided herein Section 3. Permit Granted. The conditional use permit for the Properly be, and it is hereby, approved for the Property, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits a bar and nightclub in compliance with Exhibit "C" (the "Proposed Floor Plan'), and Sections 31-306 and 3l -2106 of the Code of the City of Suffolk. Conditions 1. This Conditional Use Permit is granted to establish a Bar and Nightctub, on the ground floor of an existing principal structure located at 156 W Washington Street, Zoning Map 34G18(A), Parcel 312. 2. The hours ofoperation for the Bar and Nightclub shall be as follows: Sunday- Thursday 9:00am to I I :00pnt Friday- Saturday 9:00am to I2:00am (Midnigh) 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Conmonwealth of Virginia; including, but not limited to: The Virginia Administrative Code and the City,s noise standards. 4. The occupancy shall be approved by the City's Building Official and Fire Marshal in accordance with applicable State building code requirements, in addition to meeting all Fire and Life safety regulations. All building permits shall be obtained from the Division of Community Development. 5. The business owner, or a representative of the ownel, shall be present on the property during all events. 6. The applicant shall be responsible for all activities conducted at the facility including the consumption of alcoholic beverages under the authority of a license issued by the Department of Alcoholic Beverage Control. 7. Events that serue alcohol require security by Department of Crirninal Justice Services (DCJS) registered and approved securtty offrcers. 8. Interior and extedor lighting shall be provided at entrance/exit points. Any use of pyrotechnics shall be prohibited. 9. An alarm system shall be provided by a licensed alarm company with a central monitoring system. Both audible and strobe alarms are recommended with the audio to be heard outside the building. Heat, motion and glass breakage sensors are also recommended. Advertise plesence of alarm system to deter break-ins. I 0. Digital video sru'veillance shall be provided at front and rear entance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. i 1. This property is located within the Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate ofAppropriateness. 12. The applicant shall provide smoke abatement and will be addressed at the time a building permit is obtained for the change in the use ofthe building. 13. Iffood pleparation is to occur on-site, Health Department approval is required. Section4. GeneralConditions. (a) The conditional use permit may be revoked by City Council upon failure to cornply with any of the conditions contained herein, after ten days' written notice to the property owner(s), or their successors in interest, and a hearing at which such petsons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 ofthe Code of the City of Suffolk, Virginia shall be met. (c) The comrnencement of the use described in Section 3 of this ordinance shall be deemed acceptance by the propefty owner, or any party underlaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subj ect.  Section 5. Severability. It is tlie intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are sevemble; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent julisdiction, such unconstitutionality ol invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such detennination. Section 6. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years fi'om the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: TESTE: Erika Dawley, City Clerk Approved as to Form: illifm E. Hutchings, Jr.,  Exhibit A RXSOLUTTON NO.22-0s-3 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT cuP2022-007 TO ESTABLISH A BAR AND NIGHTCLUB, ON PROPERTY LOCATED AT 156 W WASHINGTON STREET, ZONING MAp 34c18(A), PARCEL 312, ACCOUNT NUMBER 351316000; CUP2022-007 WHEREAS, Rennee Townsend, applicant and property owner, on behalf of Jeffrey Townsend, property owner has requested a conditional use permit for a bar and nightclub on a certain tract ofland situated in the City ofSuffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to pemit a Bar and Nightclub, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposal for a conditional use permit, as submitted or modified herein: X a) Will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, b) Will have more adverse effects on the health, safety or comfort ofpersons living or working in or driving through the neighborhood, X c) Will be no more injurious to property or improvements in the neighborhood, or d) Will be more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height ofbuildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. Section 2. Recommendation to Council. The Planning Commission recommends to City Councii that the request, CUP2022-007, be:  a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. Denied, and that Council not adopt the proposed Ordinance. -b) c) Granted with the modifications set forth on the attached listing of specific ' recommendations and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED: l"t'Y la , 1o >;-- TESTE:  CONDITIONAL USE PERMIT cuP2022-007 CONDITIONS 1. This Conditional Use Permit is granted to establish a Bar and Nightclub, on the ground floor of an existing principal suucture located at 156 W Washington Street, Zoning Map 34G18(A), Parcel 312. 2. The hours of operation for the Bar and Nightclub shall be as follows: Sunday- Thtn'sday 9:00am to I l:00pm Friday- Saturday 9:00am to 12:00am (Midnight) 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; including, but not limited to: The Virginia Administrative Code and the City's noise standards. 4. The occupancy shall be approved by the City's Building Official and File Marshal in accordance with applicable State building code requirements, in addition to meeting all Fire and Life safety regulations. All building permits shall be obtained fi'om the Division of Community Development. 5. The business owner, or a representative of the owner, shall be present on the property during all events. 6. The applicant shall be responsible for all activities conducted at the faciiity including the consumption of alcoholic beverages under the authority of a license issued by the Department of Alcoholic Beverage Control. 7. Events that serve alcohol require security by Department of Criminal Justice Sewices (DCJS) registered and approved security officers. 8. Interior and exterior lighting shall be provided at enttance/exit points. Any use of pyrotechnics shall be prohibited. 9. An alarm system shall be provided by a licensed alarm company with a central monitoring system. Both audible and strobe alarms are recommended with the audio to be heald outside the building. Heat, motion and glass breakage sensors are also recommended. Advefiise presence ofalarm system to deter break-ins. 10. Digital video surveillance shall be provided at fi'ont and rear entrance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. 1 1. This properly is located within the Ilistoric Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the propety will require a Certificate of Appropriateness. 12. The applicant shall provide smoke abatement and will be addressed at the time a building pemit is obtained for the change in the use of the building. 13. Iffood preparation is to occur on-site, Health Department approval is required.  PROPERTY MAP EXHIBIT B cuP2022-007 User Name: Awood 50 25 0 50 100 .150 Dale, 0312212022  EXHIBIT C Proposcd location of stage AGENDA: June 15, 2022, Regular Session ITEM: Public Hearing - An ordinance to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 3 708 Knotts Creek Lane, Zoning Map 12, Parcel 55M, Account Number 301412000; CUP2022-010 Attached for your consideration is information pertaining to Conditional Use Permit request CUP2022-010, submitted by Christopher Sutton, applicant and property owner, on behalf of Emily Sutton, property owner, in accordance with Sections 31-306, 31-406, and 31-70l(b)(l3) of the Unified Development Ordinance, to grant a conditional use permit to establish an accessory dwelling unit, detached, on property located at 3708 Knotts Creek Lane, Zoning Map I 2, Parcel 55M. The affected area is fmther identified as being located in the Sleepy Hole Voting Borough, zoned RLM, Residential Low-Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner-Ring Suburban Use District. The Planning Commission, at their meeting of May 17, 2022, voted 7 to O to approve a resolution recommending approval of this request with conditions. ATTACHMENTS: • StaffReport • General Location Map • Zoning/ Land Use Map • 3708 Knotts Creek Lane Proposed Use • Proposed Elevations • Survey • Proposed Ordinance • Exhibit A- Planning Commission Recommendation • Exhibit B - Property Map • Exhibit C- Floor Plan AGENDA: June 15, 2022, Regular Session ITEM: 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 31-612, Street Improvement Standards; OTA2022-001 Attached for your consideration is information pertaining to Ordinance Text Amendment OTA2022-001, Street Improvement Standards, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-612, Street Improvement Standards. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. In particular, the proposed amendments address needed updates associated with Street Improvement Standards, including: 1. Update variance approval authority for cul-de-sac length from the Planning Director to City Council. 2. Change secondary access requirements for major subdivisions from 25 to 30 or more lots. The Planning Commission, at their meeting on May 17, 2022, voted 7 to O to approve a resolution recommending approval of the proposed text amendments. ATTACHMENTS: Staff Report Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B - Amendments to Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-612, Street Improvement Standards" AGENDA: June 15, 2022, Regular Session ITEM: Ordinance - An ordinance authorizing the City to participate in a Firearm Buyback Program and to destroy surrendered firearms Virginia law authorizes localities to participate in firearm buyback programs where individuals may be given a thing of value in exchange for surrendering a firearm to the locality. Surrendered firearms shall be received and destroyed by the Police Department consistent with Virginia law, removing unwanted guns off our streets and ensuring a safer community. ORDINANCE NUMBER AN ORDINANCE AUTHORIZING THE CITY TO PARTICIPATE IN A FIREARM BUYBACK PROGRAM AND DESTROY SURRE,NDERE,D FIREARMS WHEREAS, Virginia law authorizes localities to participate in firearm buyback programs where individuals may be given a thing of value in exchange for surrendering a firearm to the locality; and, WHEREAS, such surrendered firearms shall be received and destroyed by the Police Department consistent with Virginia law, removing unwanted guns off our streets and ensuring a safer community. NOW, THEREFORE, BE IT ORDAINED BY THE COLINCIL OF THE CITY OF SUFFOLK, VIRGINIA: 1. The City is hereby authorized to participate in a firearm buyback program, consistent with Section 15.2-915.5 of the Code of Virginia as amended; and 2. The Police Department is authorized to receive and destroy such firearms in accordance with Section 15.2-915.5 of the Code of Virginia as amended; and The City Manager is authorized to enter into memoranda of understanding with private entities that may organize and partner with the City on such buyback programs, if necessary or prudent, in a form approved by the City Attorney. BE IT FURTHER ORDAINED that this Ordinance shall be effective upon its passage. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William Hutchings, Jr., City Attomey Staff Reports AGENDA: June 15,2022, Regular Session ITEM: Motion - A motion to schedule a public hearing on July 6,2022, to receive public comment on a resolution authorizing the City Manager to execute the Nonexclusive Master Lease Agreement with the Southside Network Authority In late 2019, the cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach formed the Southside Network Authority for the essential public purpose of increasing the speed and availability of broadband internet and information services in South Hampton Roads. Over the past three years, the Authority and its consultants have developed, designed, and received construction bids for its initial loop through the participating cities. A participation agreement has been developed with participation based on purchased shares into the project. The amount of purchase shares determines the percentage of future revenues to each city. Construction of the network ring is anticipated to start by mid-2022 with completion scheduled for 2023. A motion is requested to schedule the required public hearing to be held during the July 6,2022, City Council Meeting. AGENDA: June 15, 2022, Regular Session ITEM: Motion – A motion to schedule a public hearing for the July 20, 2022, City Council meeting regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2022, and Stormwater Enterprise Bonds RECOMMENDATION: Schedule a public hearing for the July 20, 2022, City Council meeting AGENDA: June 15, 2022, Regular Session ITEM: Motion – Motion to request the Planning Commission to review conditional use permit application schedules for existing uses requiring a permit A motion to schedule a City Council Work Session, for Wednesday, July 6, 2022, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments