City Council Meeting Packets

SUFFOLK CITY COUNCIL MEETING OF DECEMBER 20, 2023 WORK SESSION Begins at 4:00 P.M. REGULAR SESSION Begins at 6:00 P.M.  SUFFOLK CITY COUNCIL WORK SESSION December 20, 2023 4:00 p.m. City Council Chamber 1. Suffolk State of Agriculture, 2023 Update 2. Suffolk 50 Year Anniversary AGENDA: December 20, 2023, Work Session ITEM: Suffolk State of Agriculture, 2023 Update Chairman David Bosselman, on behalf of the Suffolk Agricultural Advisory Committee, will present the Suffolk Annual State of Agriculture for the year ending 2023. AGENDA: December 20, 2023, Work Session ITEM: Suffolk 50 Year Anniversary The City of Suffolk and City (County) of Nansemond officially merged in January of 1974. This upcoming year, in 2024, will recognize 50 years since this historic action took place. Staff will provide information on commemoration and recognition of the anniversary in the upcoming year.  SUFFOLK CITY COUNCIL AGENDA December 20, 2023 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 – An ordinance to accept and appropriate additional funds from the United States Department of Agriculture for the Summer Food Services Program 8. Consent Agenda – An ordinance to accept and appropriate funds from the Virginia Department of Aviation in support of site preparation design for a T- Hanger project at the Suffolk Executive Airport 9. Consent Agenda – An ordinance to accept and appropriate funds from the Keep Virginia Beautiful 2023 Fall Green Grant Award program for the City of Suffolk Litter Prevention and Recycling Program 10. Consent Agenda – An ordinance to authorize the City Manager to expend $215,000 in Automated Traffic Enforcement Program funds in support of pedestrian and traffic safety improvements 11. Consent Agenda – An ordinance to name Downtown Festival Park 12. Consent Agenda – An ordinance to accept and appropriate funds from the James Madison University Youth Entrepreneurship Strategies Program for the Kid Zone Before and After School Program 13. Consent Agenda – An ordinance to amend Chapter 34, Article 8, Wetlands, to align with Code of Virginia Title 28.2, Chapter 13, Wetlands; OTA2023-010 14. Public Hearing – An ordinance to Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities; OTA2023-008 15. Ordinances 16. Resolutions 17. Staff Reports 18. Motion – A motion to schedule a City Council Work Session for Wednesday, January 3, 2024, 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 September 20, 2023 Work Session of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 20, 2023, 4:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelly Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, II, City Manager ABSENT None ASSESSOR’S OFFICE CITIZEN PORTAL Utilizing the City Assessor’s citizen portal, City Assessor Holt Butt and Deputy City Assessor Kevin Prine submitted information about the above referenced item. Members of City Council opined about the citizen portal. 2045 COMPREHENSIVE PLAN: TRANSPORTATION, UTILITIES, SERVICES AND QUALITY OF LIFE Utilizing a PowerPoint presentation, Principal Planner William Cannady, Public Works Director Robert Lewis, Public Utilities Director Paul Retel and Capital Programs and Buildings Director Gerry Jones submitted information about the above referenced item. Referring to the presentation, Council Member Bennett queried about the location of public utilities infrastructural improvements. Public Utilities Director Retel replied the affirmative. 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 the Community Policy and Management Team, Early Childhood 1 City Council Work Session September 20, 2023 Development Commission, Fine Arts Commission, Human Services Advisory Board, Local Board of Building Code Appeals, Parks and Recreation Advisory Commission, Sister Cities Commission, Suffolk Redevelopment and Housing Authority, and the Tidewater Youth Services Commission; and 2. Pursuant to Virginia Code Section 2.2-3711(A)(3), the discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body, specifically, Tax Map number 10*46. 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 Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 City Council convened in Closed Meeting at 4:54 p.m. The Closed Meeting concluded at 5:18 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 2 City Council Regular Meeting September 20, 2023 Regular Meeting of the Suffolk City Council was held in the City Council Chamber, 442 West Washington Street, on Wednesday, September 20, 2023, at 6:00 p.m. PRESENT Council Members - Michael D. Duman, Mayor, presiding Lue R. Ward, Jr., Vice Mayor Leroy Bennett Shelley Butler Barlow Roger W. Fawcett Timothy J. Johnson John T. Rector LeOtis L. Williams Erika S. Dawley, City Clerk William E. Hutchings, Jr., City Attorney Albert S. Moor, City Manager ABSENT None CALL TO ORDER/INVOCATION/PLEDGE OF ALLEGIANCE Mayor Duman called the meeting to order. Council Member Butler Barlow offered the Invocation and led the Pledge of Allegiance. FREEDOM OF INFORMATION ACT CERTIFICATION City Clerk Dawley presented a resolution certifying the Closed Meeting of September 20, 2023, pursuant to Section 2.2-3712 of the Code of Virginia (1950), as amended. Council Member Williams, on a motion seconded by Council Member Rector, moved to approve the resolution, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 A RESOLUTION OF CERTIFICATION OF THE CLOSED MEETING OF SEPTEMBER 20, 2023, PURSUANT TO SECTION 2.2-3712 OF THE CODE OF VIRGINIA (1950), AS AMENDED 1 City Council Regular Meeting September 20, 2023 APPROVAL OF THE MINUTES Council Member Williams, on a motion seconded by Council Member Butler Barlow, moved to approve the minutes from the April 5, 2023, Work Session and Regular Meeting and the April 6 – 7, 2023, Special Meeting, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 SPECIAL PRESENTATIONS Special Presentation - 45th Annual Suffolk Peanut Fest, October 5-8, 2023 Utilizing a PowerPoint presentation, Tourism Development Manager Theresa Earles supplied an update on the above referenced item. Thomas Andrews, Chair, Suffolk Festivals Executive Committee offered supplementary information. REMOVAL OF ITEMS FROM THE CONSENT AGENDA AND ADOPTION OF THE AGENDA Council Member Fawcett on a motion seconded by Council Member Johnson, moved to adopt the agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AGENDA SPEAKERS There were no speakers under this portion of the agenda. CONSENT AGENDA City Clerk Dawley presented the following Consent Agenda items: Consent Agenda Item #7 - An ordinance to accept and appropriate funds in support of the Suffolk Sheriff’s Department Community Outreach Program Consent Agenda Item #8 - An ordinance to accept and appropriate additional funds from the Federal Transit Administration for the City’s public transit service Consent Agenda Item #9 - An ordinance to accept and appropriate private contribution funds for the Manning Bridge Road Project to install two commercial driveway aprons along the road frontage on Manning Bridge Road 2 City Council Regular Meeting September 20, 2023 Consent Agenda Item #10 - An ordinance to accept and appropriate a Military and First Responders Grant from CSX Transportation for the Suffolk Sheriff’s Department Consent Agenda Item #11 - An ordinance to accept and appropriate a 2023 Port Security Grant from the United States Department of Homeland Security for the Suffolk Police Department Consent Agenda Item #12 - An ordinance to accept and appropriate funds from the Virginia Department of Motor Vehicles Highway Safety Grant Program for the Suffolk Police Department Referring to Consent Agenda Items #7 through #12, City Manager Moor submitted a review of the background information as printed in the official agenda. Council Member Fawcett, on a motion seconded by Council Member Williams, moved to approve the Consent Agenda, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 PUBLIC HEARINGS Public Hearing - An ordinance to grant a Conditional Use Permit to establish an Amusement/entertainment/recreation center, indoor, on property located at 1238 Holland Road, Suites 104 and 105, Zoning Map 34D, Parcels A*2 and A*3, Account Numbers 153803600 and 153803500; CUP2023-016 Utilizing a PowerPoint presentation, Planning and Community Development Director Kevin Wyne gave a summary of the background information as printed in the official agenda. Antonio Hopkins, 317 Ashwood Drive, representing Meghan Hopkins, Holland Plaza Associates, L.P., property owners, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Council Member Johnson, a motion seconded by Council Member Fawcett, moved to approved the ordinance, with conditions, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 1238 HOLLAND ROAD, SUITES 104 AND 105, ZONING MAP 34D, PARCELS A*2 AND A*3, ACCOUNT NUMBERS 153803600 AND 153803500; CUP2023-016 3 City Council Regular Meeting September 20, 2023 Public Hearing - An ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007 Utilizing a PowerPoint presentation, Deputy City Manager Kevin Hughes and Planning and Community Development Director Wyne offered a synopsis of the background information as printed in the official agenda. Denise Murden, 4041 Kingstone Parkway, representing Citizens Voice, opined about the proposed ordinance. Donald Goldberg, 408 West Riverview Drive, called for a 30 day continued of the proposed ordinance. Whit Hill, 2293 Trant Lake Drive, Virginia Beach, Virginia, representing the Miller Group, spoke in support of the proposed ordinance. Thomas Rein, 119 Suffolk Meadows Boulevard, representing self, spoke in support of the proposed ordinance. Hearing no additional speakers, the public hearing was closed. Referring to the presentation, Council Member Bennett called for clarification about the legality of the request to leave the public hearing open to consider a continuance of the proposed ordinance. City Attorney Hutchings explained that in order to consider a continuance of the proposed ordinance, a new public hearing would be required. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance to the November 15, 2023, City Council meeting. Members of City Council opined about the proposed motion. Referring to the motion, Mayor Duman opined about the additional public hearing. City Attorney Hutchings stated that the proposed motion would is only to table the item until the November 15, 2023, City Council meeting. Mayor Duman commented on the need to amend the motion to add a public hearing. City Attorney Hutchings said that if a public hearing was added to the motion, then the public hearing would need to be on the current ordinance under discussion. He concluded that a public hearing could be held on either the proposed ordinance as presented this evening or an amended version of the proposed ordinance, if City Council makes specific changes. City Attorney Hutchings reiterated that staff would need enough time to meet advertising requirements for any version of the proposed ordinance. Council Member Williams, on a motion seconded by Council Member Fawcett, moved to continue consideration of the proposed ordinance to the November 15, 2023, City Council meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 4 City Council Regular Meeting September 20, 2023 ORDINANCES There were no items under this portion of the agenda. RESOLUTIONS There were no items under this portion of the agenda. STAFF REPORTS Staff Report – Draft 2024 Legislative Agenda Utilizing a PowerPoint presentation, Mindy Carlin, Emily Reynolds and Cassidy Taylor, Access Point, the City’s legislative consultants, furnished review of the information as printed on the distributed handout. Referring to the presentation, Council Member Butler Barlow offered the addition of the following language to the proposed Legislative Agenda: “We support state funding and promotion of local option farmland preservation programs which allows compensation to owners of such land, and guides growth to urbanizing areas, such as state and/or localities purchasing development rights, transferring development rights, leasing development rights, holding or co-holding perpetual conservation easements, tax credits, or other concepts. We support a requirement to avoid prime farmland when locating utility scale solar facilities as well as a statewide limit on the number of prime farmland acres that can be converted to solar collection sites. If these facilities are located on prime farmland, the solar developer should be mandated to return the land to productive farmland at the end of the project’s life cycle. We support continued and increased funding for the State’s Forest Sustainability Fund for Local Governments to help encourage maintaining forested land.” Members of City Council opined about the proposed Legislative Agenda. Staff Report – Significant Land Use Applications Utilizing a PowerPoint presentation, Deputy City Manager Hughes and Planning and Community Development Director Wyne gave a summation of the background information as printed on the official agenda. MOTIONS Motion - A motion to schedule a Public Hearing on the Draft 2024 Legislative Agenda for Wednesday, October 4, 2023, City Council Meeting Council Member Fawcett, on a motion seconded by Vice Mayor Ward, moved to schedule a Public Hearing on the Draft 2024 Legislative Agenda for Wednesday, October 4, 2023, City Council Meeting, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 5 City Council Regular Meeting September 20, 2023 Motion - A motion to schedule a City Council Work Session for Wednesday, October 4, 2023, at 4:00 p.m., unless cancelled Council Member Johnson, on a motion seconded by Council Member Williams, moved to schedule a City Council Work Session, for Wednesday, October 4, 2023, at 4:00 p.m., unless cancelled, by the following roll call vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 NON-AGENDA SPEAKERS Thomas Rein, 119 Suffolk Meadows Boulevard, representing Citizens Voice, invited City Council to attend a Citizens Voice event. Dr. Anita Lewis, Post Office Box 1566, representing Nansemond Suffolk Chapter NAACP and the Suffolk Interdenominational Ministerial Alliance, expressed concern about the timeline of the recent retirement of former Police Chief Alfred Chandler. NEW BUSINESS City Clerk Dawley presented the following nomination for appointment: Parks and Recreation Advisory Board – Mark Plenty, Jr. Vice Mayor Ward, on a motion seconded by Council Member Williams, moved to nominate and appoint the aforementioned individual to the respective body, as presented, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 ANNOUNCEMENTS AND COMMENTS Utilizing a PowerPoint presentation, Media and Community Relations Director Jennifer Moore provided a report on the following: the receipt of a federal grant by the Suffolk Fire and Rescue Department; the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department; the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine; the location of an Automatic Coating Limited site in Suffolk; the opening of application registration for the City’s holiday parade; the completion of a new mural in the downtown area; the Nansemond River Cleanup event; the 45th Suffolk Peanut Festival; the Suffolk Opioid Abatement Authority Town Hall and traffic changes for Route 58/Holland Road Corridor Improvement Project. Council Member Butler Barlow acknowledged former Police Chief Alfred Chandler for his service to the City. 6 City Council Regular Meeting September 20, 2023 Council Member Butler Barlow opined about the upcoming season at the Suffolk Center for Cultural Arts. Council Member Butler Barlow encouraged residents to attend Suffolk Peanut Fest. Council Member Butler Barlow opined about farm vehicle safety. Council Member Bennett congratulated the following individuals and groups on their respective achievements: Richard Brown on his retirement from the City; the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine; Mac and Sandra Birdsong on their receipt of the First Citizen Award; and former Police Chief Alfred Chandler on his retirement. Council Member Bennett opined about potential traffic issues at the Royal Farms on Portsmouth Boulevard. Council Member Johnson opined about the new traffic pattern on Route 58. Council Member Johnson announced the 100th anniversary of the Suffolk Lions Club. Council Member Johnson acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Rector opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Council Member Rector reported on the Suffolk Sisters Commission’s trip to Oderzo, Italy. Council Member Rector announced he attended the Environmental Protection Agency Excellence Award event. Council Member Rector acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Williams acknowledged former Police Chief Alfred Chandler for his service to the City. Council Member Williams extended his condolences to the family of the late Elsie Milteer. Council Member Williams reported various constituent concerns he received at the Hollywood Jericho Civic League meeting. Council Member Fawcett opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Council Member Fawcett announced he attend the groundbreaking for Fire Station #11. Council Member Fawcett opined about the receipt of a grant by the Suffolk Fire and Rescue Department. 7 City Council Regular Meeting September 20, 2023 Council Member Fawcett opined about the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Council Member Fawcett opined about the presentation by the Office of the City Assessor at today’s Work Session. Council Member Fawcett encouraged residents to attend Peanut Fest. Council Member Fawcett acknowledged former Police Chief Alfred Chandler for his service to the City. Vice Mayor Ward acknowledged Ms. Lewis, who was in attendance. Vice Mayor Ward acknowledged former Police Chief Alfred Chandler for his service to the City. Vice Mayor Ward announced he attended the Whaleyville Civic League Meeting. Vice Mayor Ward opined about the Suffolk Fire and Rescue Department. Vice Mayor Ward acknowledged the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department and the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Vice Mayor Ward opined about an event at New Hope Baptist Church in Pughsville. Mayor Duman reported he attended the Taste of Suffolk. Mayor Duman opined about the recent conference calls with the bond rating agencies. Mayor Duman announced he attended the Suffolk Christian Fellowship Fundraiser and Celebration event. Mayor Duman acknowledged former Police Chief Alfred Chandler for his service to the City. Mayor Duman acknowledged the receipt of the Best New Facility Award by the Suffolk Parks and Recreation Department and the receipt of awards by City Assessor Holt Butt and Deputy City Assessor Kevin Prine. Mayor Duman opined about the presentation by the Office of the City Assessor at today’s Work Session. Mayor Duman opined about the proposed ordinance to amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, to add Section 31-726, Warehouses and Warehousing; OTA2023-007. Mayor Duman encouraged residents to attend the Shrimp Feast. 8 City Council Regular Meeting September 20, 2023 Council Member Fawcett, on a motion seconded by Council Member Johnson, moved to adjourn, by the following vote: AYES: Mayor Duman, Vice Mayor Ward, and Council Members Bennett, Butler Barlow, Fawcett, Johnson, Rector and Williams 8 NAYS: None 0 There being no further business to come before City Council, the regular meeting was adjourned at 9:23 p.m. Teste: ____________________________________________ Erika S. Dawley, MMC, City Clerk Approved: _________________________________________ Michael D. Duman, Mayor 9 Special Presentations Removal of Items from the Consent Agenda and Adoption of the Agenda Agenda Speakers AGENDA: December 20» 2023, Regular Session ITEM: Public Hearing - An ordinance to Amend Chapter 31, Unified Development Ordinance of the Code of the City of Suffolk, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities; OTA2023-008 Attached for Council’s consideration is information pertaining to Ordinance Text Amendment OTA2023-008, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance. The Planning Commission, at their meeting on November 21,2023, voted 8 to 0 to approve a resolution recommending approval of the proposed text amendment as presented. ATTACHMENTS: Staff Report Proposed Ordinance Exhibit A - Planning Commission Recommendation Planning Commission Recommendation Exhibit B - “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31- 724, Solar Energy Facilities, of the Code of the City of Suffolk, Virginia.” Exhibit B - “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities, of the Code of the City of Suffolk, Virginia.”  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2023-008: Presented for your consideration, attached please find proposed amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. APPLICANT; The proposed ordinance text amendment has been initiated by the City of Suffolk. 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. STAFF ANALYSIS ISSUE AND BACKGROUND The proposed text amendments shown in attached Exhibit B are presented for consideration in order to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. RECOMMENDATION In that regard, the proposed text amendments shown in the attached Exhibit B are presented for your favorable consideration with a staff recommendation for approval of the proposed text amendments. The Planning Commission, at their meeting on November 21, 2023, voted 8 to 0 to approve a resolution recommending approval of the proposed text amendments as presented. Attachments ● Proposed Ordinance ● Exhibit A - Planning Commission Recommendation ● Planning Commission Recommendation Exhibit B - “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31- 724, Solar Energy Facilities” ● Exhibit B - “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities” ORDINANCE NUMBER AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-724, SOLAR ENERGY FACILITIES; OTA2023-008 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating and improving clarity and consistency due to a change in circumstance; and, WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and, WHEREAS, the Plamiing Commission has made a recommendation as stated in Exhibit 'A”; and, WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. That Exhibit “B, Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities, of the Code of the City of Suffolk, Virginia” which is attached hereto, is hereby incoiporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities, of the Code of the City of Suffolk, Virginia, 1998, is hereby amended to read as referenced in Exhibit “B,” attached. Section 3. All phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in full force and effect. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney  Exhibit “A RESOLUTION NO. 23-11-1 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2023-008 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-724, SOLAR ENERGY FACILITIES WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of updating and improving clarity and consistency due to a change in circumstance; and WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to City Council. The Planning Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; X a. Adopted as submitted without modification. b. Denied, and that Council not pass the proposed ordinance. c. Adopted 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: ■^ ^ ' ^ 'J TESTE: 'H VI V-v V  Planning Commission Recommendation Exhibits » Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use C( Regulations, Section 31-724, Solar Energy Facilities of the Code of the City of Suffolk, 55 Virginia SEC. 31-724. SOLAR ENERGY FACILITIES. (a^ PURPOSE. The purpose of this section is to ensure the compatibility of such uses with the land use and growth management policies of the most recent adopted comprehensive plan of the Citv_of Suffolk, the purpose statements of the land use districts as prescribed in the plan, and purpose statements of the zoning districts wherein such uses are permitted. These regulations establish requirements for the siting, design, installation, and decommissioning of solar energy facility in order to safeguard public safety, health, and welfare: maintain the agricultural and forestal character of rural areas of the City: and minimize effects to natural, historic, and scenic resources, as well as adjacent residential uses. (b^ CONSISTENCY WITH COMPREHENSIVE PLAN. (1) In accordance with Section 15.2-2232rA~) of the Code of Virginia, the Planning Commission shall certify bv its resolution recommending approval of any conditional use permit for a solar energy facility that the facility’s general or approximate location, character, and extent is substantially in accord with the most recent adopted comprehensive plan of the City. A solar facility subject to Section 15.2-2232(A) may be deemed to be substantially in accord with the comprehensive plan if it meets the conditions of Section 15.2-2232fl-ri ofthe Code of Virginia. Unless otherwise directed by the City Council, a public hearing required or conducted bv the Planning Commission for a substantial accord review of solar energy facilities shall be adveitised and conducted concurrently with the public hearing for the conditional use permit. (21 Notwithstanding any provision of Section 31-402 ofthe Ordinance to the contrary, solar energy facilities shall not be permitted within areas of the City zoned Agricultural (A) designated as a Growth Area in the most recent adopted comprehensive plan of the City_o_f Suffolk. (c1 APPLICATION AND PROCEDURES. (11 In addition to anv general application and submission requirements, the applicant shall provide the following at the time of application for conditional use permit: A. A conceptual plan showing the proposed layout of solar panels and related equipment, transmission lines, structures, screening, landscaping, forested areas, access roads, easements, historic resources, critical areas, and natural and environmentallv-sensitive features, including but not limited to water quality stream buffers, steep slopes, and wildlife corridors; B. A visual impact analysis shall be required depictingthe facility as viewed from adjacent public roads and residentialproperties. The visual analysis shall contain such information as necessary to allow the City to reasonably evaluate the visual impacts ofthe solar facility from such roads and properties, and shall include, at a minimum, accurate, to-scale photographic simulations showing the visual relationship ofthe solar facility to its surroundings, both during construction and following ten (101 years of growth of required vegetative buffers, relative to the site currently. Photographic .simulations shall not be required where existing vegetation or topography create a visual barrier of the facility from adjacent roads  and Di-opeitics. unless such features are to be demolished during site design. The analysis shall include anv proposed mitigation, if necessary, so that the impacts of the solar facility on the yisual character of the surrounding area, and on scenic and historic landscapes, viewsheds and vistas, are minimized during site design. C. An archaeological and/or architectural resource impact analysis, where a solar energy facility or anv component thereof is proposed within five hundred (500) linear feet of a structure or site listed, or eligible for listing, on the National Register of Historic Places rNRHPy The archaeological and/or architectural resource impact analysis, as applicable, shall be submitted concurrently to the City and Virginia Department of Historic Resources ('DHR') for review. The analysis shall include anv proposed or recommended mitigation, as necessary, so that impacts of the solar facility on such historic resources are minimized. D. A transportation plan showing proposed vehicular entrances, parking areas, laydown yards, and construction traffic travel routes to the site from the closest arterial street. The plan shall identify all weight-restricted bridges, narrow road sections, sharp curves, steep grades, and similar road safety issues and hazards for expected construction traffic. E. A noise study demonstrating that typical audible sound from the solar energy facility shall not exceed the performance standards for noise for residential receiving properties lying adjacent to. or within five hundred fSOO^ feet of anv com ponent of. such facility, in accordance with Section 31-608 (cV8~) and Table 608-1. as measured at the nearest property line, for anv adjacent non- paiticipating property owner. F. An estimated construction schedule covering the time period from the start of construction until final inspection bv the City at the completion of construction. (ad) DIMENSIONAL STANDARDS. (I) Ground-mounted solar energy facilities and systems shall meet the following dimensional standards: Facility Type Minimum Lot Size Minimum Setbacks Maximum Height Accessory solar Underlying zoning Underlying zoning 12 Feet energy system district or 10,000 district or 25 feet square feet whichever is greater whichever is greater Solar energy facility 5 Acres Adjacent to a public QS-]5 Feet street: 150 feet Adjacent to a residential use or district: 100 feet Adjacent to other use or district: 50 Feet  (2) The total area of all solar energy facilities approved on parcels zoned Auriciiltural (A) shall not> in the aggregate, exceed one half of one percent (O-Syol of the total land area in the City zoned Agricultural (A). For the purpose of administering this provision, the area of a solar energy facility shall mean the total land area enclosed bv the security fencing of such facility. (fee) INSTALLATION AND DESIGN. (1) The installation and design of any solar energy system or facility shall conform to applicable industry standards, including those of the American National Standards Institute fANSH and American Society for Testing and Materials (ASTM),_as applicable. (2) All electrical and mechanical components of any solar energy system or facility shall conform to relevant and applicable local, state, and national codes. (3) Any on-site transmission or power lines shall be placed underground. (4) Any proposed solar energy system or facility shall be designed and operated to prevent the direction of concentrated solar radiation or glare onto neighboring property, public roads or other areas accessible to the public. (5) A proposed solar energy facility shall be designed and operated to protect public safety, including the installation of perimeter security fencing and appropriate warning signs in compliance with all applicable sections of this ordinance. (6) Any solar energy facility shall be required to have a minimum 15-foot vegetated buffer or a 50-foot buffer where adjacent to a public road, or residential use or zoning district^ in accordance with the following landscaping standards: A. Where existing forest or vegetation surrounding the facility achieves the required visual screen as viewed from adjacent residential properties and public roads, the applicant shall preserve such forest or vegetation at the minimum widths prescribed herein in lieu of planting the required buffer. The City may require at its sole discretion that the applicant provide evidence or documentation of fee- simple ownership, lease, easement, agreement, or other legally binding arrangement acceptable to the City, ensuring that such buffers are not cleared or removed during the life of the solar energy facility bv the landowner, owner, or operator, or anv contractor or agent thereof B. In those instances where the existing natural vegetation and topography are insufficient to achieve a_continuous opnque sereenvisual buffer at the minimum widths prescribed herein, n planted buffersiifficient landscaping shall be installed se-that within two (2) years of planting the sereoning shnll be completens necessary to supplement such natural vegetation. If the plantings fails to provide achieve the required of visual screening of the solar energy facility I>v4he endwithin of that time two (2^ years following installation thereof, the City ma^ require at its sole discretion the installation of additional screening measures, including but not limited to screening fabric or slats on the security fencing enclosing such facility, to ensure adequate visual screening of the facility and its  components during the life of the solar energy facility, tho solar farm developer shall bo required to install o full height green heavy duty,-UV stabilized, knitted polyethylene screening fabric on tl^e-poilion of the Fence not- boing completely screenedr BC. With the exception of any required planting, buffers shall remain undisturbed. GD. Materials and ratios. Plant materials. Buffers shall contain a maximum of 25 percent of deciduous plant materials. 3{ii}TP I anting for the entire length of the unvegetated buffer area shall provide: al. Plant materialEvergreen trees having a height of not less than 6 feet at the time of plantings and-planted in a minimum of two rows, with staggered on^center spacing to provide a continuous visual barrier at the time of installation as viewed from adjacent roads and properties:-; or te2. A minimum of one row of evergreen screening trees spaced 8 feet on center^ and 20 shrubs planted a minimum ofspaced 5 feet on center in a minimum of two rows per Appendix C; and er For every 50 linear feet of unvegetated buffer area, 2 large canopy trees planted a minimum of 25 feet apait and 3-underGtory trees planted a-minimum of 15 feet-apart per Appendix-G. ^(iii% Alternate layouts that achieve the same degree of performance4e¥et in terms of buffering and screening may be approved by the Director. (ivl A landscape maintenance bond required by Section 3 l-603('c)(3) of the Ordinance for a solar energy facility shall be held for a period of 24 months following the date of Certificate of Occupancy issuance or final inspection bv the City. (7) Exterior blighting of large scale ground-inounted solar photovoltaic installationsenergy facilities shall be consistent with local, state and federal law. Freestanding and wall-mounted Llighting of other parts of the installationon buildings and structures, such as accessory structures, shall be limited to tha^the minimum required for safety and operational purposes. Lighting Fixtures shall protect the night skv bv using full-cutoff fixtures that focus light downward to minimize off-site glare. No solar energy facility shall produce glare that would constitute a nuisance to the public during construction or general operation. (8) Solar energy facilities shall be designed and constructed in substantial compliance with the approved conceptual plan. Notwithstanding any provision of the Ordinance to the contrary, a conditional use permit issued for a solar energy facility shall be valid for a period of five (5) years, or such other time period as specified bv the conditions of the permit, provided that Aa complete site plan application which substantially complies with the aDProved conceptual plandotniling all proposed chnnfios to tho property, ■mcluding temporary or permanont roads or driveways, grading, vegetation clearing and  planting, exterior lighting and ncrooning vegetation or struotofes shall be pi Qvidedsubmitted for review prior to expiration of such time Deriod. (9) A proposed solar energy facility shall not be located adjacent or within, the control zone of any airport. (10) All accessory structures shall meet the setback requirements for principal structures in the applicable zoning district, n n The solar facility owner or operator shall conduct soil testing for any contaminants directly attributable to solar panels, racking systems, and related equipment prior to construction and eyery fiye (5) years following initial testing until such time as the facility is decommissioned or abandoned. The owner or operator must file an initial baseline report at the time of application for a site plan, and shall file subsequent reports, to the Director. Should a finding indicating contamination by one or more components of the solar energy facility occur, the owner or operator shall remedy the same to applicable state and/or federal standards within one (1) year or such other timeframe as prescribed by law. (\2) Notwithstanding any proyision of the Ordinance to the contrary, the following areas shall be deemed unsuitable generally for the deyelopment of solar panels and equipment: I ■ Critical areas, including jurisdictional wetlands delineated in the field as described and depicted in a wetland delineation report submitted at the time of application for a conditional use permit, and confirmed by a preliminary jurisdictional determination issued by the U.S. Army Corps of Engineers.; 2. Water quality stream buffers: 3. Areas containing twenty (201 contiauous acres or more of mixed-species forest; 4. Steep slopes in excess of thirty percent (30%) unless proposed deyelopment and mitigation measures maintain or improve slope stability; and 5. Archacologicallv. architecturally, and historically significant structures, sites, and places listed, or eligible for listing, on the National Register of Historic Places and Virginia Landmarks Register. Additional setbacks in excess of those in subsection fdlfO of this section may be imposed by the City to mitigate the effects of a solar energy facility on such resources. The design of solar energy facilities shall avoid impacts to such features, provided that access roads, tree clearing for shade management, and other construction activities which incidentally or reasonably cross or impact such areas while minimizing and m itigating impacts thereto to the extent feasible may be exempted from this provision bv the Director. The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to. painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained in accordance with applicable City standards. The owner and/or operator shall be responsible for the cost of maintaining the solar facility. .(eD DECOMMISSIONING OR ABANDONMENT. (I) Solar energy Facilities which have reached the end of their useful life, have not been in active and continuous service for a period of one year, or whose conditional use permit has been revoked by City Council, shall be removed at the owner's or operator's expense within six (6) months of the expiration of such period except if the facility is actively in the process of being renowered or a force maieiire event has occurred requiring lontzer than six (6) months to make repairs. The City may require evidentiary SUPD01I demonstrating that a longer repair period is necessary. The owner or operator shall notify the Director bv certified mail of the proposed date of discontinued operations and plans for removal. (2) Decommissioning of solar energy Facilities shall include the following: A. Physical removal of all solar energy equipment, machinery, and structures from the property including, but not limited to. buildings, foundations, poles, pilings, racking systems, cabling, equipment shelters, security barriers, electrical components, access roads, and associated Facilities. B. Decompaction of compacted soils, which shall be reQuired unless othersvisc agreed to bv the owner or operator of the facility and the landowner. C. Grading, re-seeding,and revegetationof the property, as necessary, to restore it to its pre-existing condition, unless otherwise agreed to bv the owner or operator of the solar energy Facility and the landowner, subject to written request by the landowner and approval bv the City Council. D. Proper disposal oFall solid or hazardous materials and wastes from the property in accordance with local, state, and federal solid and hazardous waste disposal laws and regulations. E. Removal, grading, rc-seeding. and revegetation of access roads on the property. and repairs to public roads attributable to solar facility traffic or operations. All areas disturbed For the construction of access roads shall be graded, re-seeded, and revegetated. unless the landowner requests in writing that such access roads not be removed, graded, or restored to their pre-existing condition, subject to approval bv the City Council. (3) A decommissioning plan shall be provided describing the removal of the solar energy facility and final land reclamation plan to be followed after the anticipated useful life, or abandonment^ or terminalioiv of the projeetsolar energy facility, including evidence of proposed commitments with affected parties (city, any lessor or properly owner, etc.) tbat-to_ensure proper final reclamation of the property. Among other thingsln addition to the activities described in subsection (2) above, revegetation and rood repair nrtivitipq t^hAnl4-hn nHHrnf^npd in the plan, the following shall be addressed in the plan: A. The anticipated life of the solar energy facility. B. The estimated decommissioning cost in current dollars, including a description regarding how the estimate was determined. C. The method for ensuring that adequate funds will be available for decommissioning the facility during and at the end of the anticipated life of the  solar energy facility and that the estimated decommissioning cost will be kept current. D. Identification of the party or parlies responsible For decommissioning and how the City will be notified if changes are proposed in terms of solar energy facility ownership or the party operating the facility. (34) In the event that no electricity is generated for a continuous period of twenty ■ leurtwelve (3412) months, the solar energy facility ewner-shall be deemed discontinued, and the owner and/or operator and/or property owner shall have three-^ (36) months to complete decommissioning of the facility, or such other timeframe as agreed to in writing bv the owner or operator and the City. (3) PecommiGsioning shaU-mcludo removnl of all solar panels and suppoil structures; buildings, cabling, electrical components, roods, and any other oGGOciotod facilities. (1) Disturbed earth shall be graded and re seeded, unless the landowner requests in svriting that the oggogs roads or other land surfoco areas not be restored? (5) A performance agreement and surety, in a form approved by the city attorney and in an amount approved by the 44¥eetefDirector> shall be submitted by the applicant prior to the issuance of a building permit in order to ffisure-ensure removal of the solar energy facility when it is no longer to be used for solar energy generation.  Exhibit B (( 1) Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities of the Code of the City of Suffolk, Virginia SEC. 31-724. SOLAR ENERGY FACILITIES. fal PURPOSE. The purpose of this section is to ensure the compatibility of such uses with the land use and growth manaacment policies of the most recent adopted comprehensive plan of the City of Suffolk, the purpose statements of the land use districts as prescribed in the plan, and purpose statements of the zoning districts wherein such uses are permiUed. These regulations establish requirements for the siting, design, installation, and decommissioning of solar energy facility in order to safeguard public safety, health, and welfare; maintain the agricultural and forestal character of rural areas of the Citv: and minimize effects to natural, historic, and scenic resources, as well as adjacent residential uses. (b) CONSISTENCY WITH COMPREHENSIVE PLAN. f n In accordance with Section 15.2-2232f A) of the Code of Virginia, the Planning Commission shall certify by its resolution recommending approval of any conditional use permit for a solar energy facility that the facility’s general or approximate location, character, and extent is substantially in accord with the most recent adopted comprehensive plan of the City. A solar facility subject to Section 15.2-2232fA~) may be deemed to be substantially in accord with the comprehensive plan if it meets the conditions of Section 15.2-223200 ofthe Code of Virginia. Unless otherwise directed by the Citv Council, a public hearing required or conducted bv the Planning Commission for a substantial accord review of solar energy facilities shall be adveitiscd and conducted concurrently with the public hearing for the conditional use permit, fc) APPLICATION AND PROCEDURES. ni In addition to any general application and submission requirements, the applicant shall provide the following at the time of application for conditional use permit: A. A conceptual plan showing the proposed layout of solar panels and related equipment, transmission lines, structures, screening, landscaping, forested areas, access roads, easements, historic resources, critical areas, and natural and environincntallv-sensitive features, including but not limited to water quality stream buffers, steep slopes, and wildlife corridors: B. A visual impact analysis shall be required depicting the facility as viewed from adjacent public roads and residential properties. The visual analysis shall contain such information as necessary to allow the Citv to reasonably evaluate the visual impacts ofthe solar facility from such roads and properties, and shall include, at a minimum, accurate. to-sca!c photographic simulations showing the visual relationship ofthe solar facility to its surroundings, both during construction and following ten (10^ years of growth of required vegetative buffers, relative to the site currently. Photographic simulations shall not be required where existing vegetation or topography create a visual barrier of the facility from adjacent roads and properties, unless such features are to be demolished during site design. The analysis shall include anv proposed mitigation, if necessary, so that the impacts of the solar facility on the visual character of the surrounding area, and on scenic and historic landscapes, viewsheds and vistas, are minimized during site design.  C. An archaeolouical and/or architectural Lesource impact analysis, where a solar energy facility or any component thereof is proposed within five hundred (500) linear feet oFa structure or site listed^ or eligible for listing, on the National Register of Kistoric Places (NRHP). The archaeological and/or architectural resource impact analysis, as applicable,shall be submitted concurrently to the City and Virginia Dcpaitmcnt of Historic Resources fPHR') for review. The analysis shall include anv proposed or recommended mitigation, as necessary, so that impacts of the solar facility on such historic resources are minimized. D. A transportation plan showing proposed vehicular entrances, parking areas, lavdown yards, and constructiontraffic travel routes to the site from the closest arterial street. The plan shall identify all weight-restricted bridges, narrow road sections, sharp curves, steep grades^ and similar road safety issues and hazards for expected construction traffic. E. A noise study demonstrating that typical audible sound from the solar energy facility shall not exceed the performancestandards for noise for residential receiving propertieslying adjacentto. or within five hundred (500) feet of anv component of. such facility, in accordance with Section 31-608 (c)(8) and Table 608-1. as measured at the nearest property line, for any adjacent non- participating property owner. F. An estimated construction schedule covering the time period from the start of construction until final inspection by the City at the completion of construction. (ad) DIMENSIONAL STANDARDS. (1) Ground-mounted solar energy facilities and systems shall meet the following dimensional standards: Facility Type Minimum Lot Size Minimum Setbacks Maximum Height Underlying zoning Underlying zoning 12 Feet Accessory solar energy system district or 10,000 district or 25 feet square feet whichever is greater whichever is greater Solar energy facility 5 Acres Adjacent to a public 25-15 Feet street: 150 feet Adjacent to a residential use or district: 100 feet Adjacent to other use or district: 50 Feet (21 The total area of all solar energy facilities approved on parcels zoned Agricultural (A) shall not, in the aggregate, exceed one half of one percent (Q.5%1 of the total land area in the City zoned Agricultural (A1. For the purpose of administering this provision, the  area of a solar energy Facility shall mean the total land area enclosed bv the security fencing of such facility. (be) INSTALLATION AND DESIGN. (1) The installation and design of any solar energy system or facility shall conform to applicable industry standards, including those of the American National Standards Institute ('ANSI') and American Society For Testing and Materials (ASTM), as applicable. (2) All electrical and mechanical components of any solar energy system or facility shall conform to relevant and applicable local, state, and national codes. (3) Any on-site transmission or power lines shall be placed underground. (4) Any proposed solar energy system or facility shall be designed and operated to prevent the direction of concentrated solar radiation or glare onto neighboring property, public roads or other areas accessible to the public. (5) A proposed solar energy facility shall be designed and operated to protect public safety, including the installation of perimeter security fencing and appropriate warning signs in compliance with all applicable sections of this ordinance. (6) Any solar energy facility shall be required to have a minimum 15-foot vegetated buffer or a 50-foot buffer where adjacent to a public road, or residential use or zoning district^ in accordance with the following landscaping standards: A. Where existing forest or vegetation surrounding the facility achieves the required visual screen as viewed from adjacent residential properties and public roads, the applicant shall preserve such forest or vegetation at the minimum widths prescribed herein in lieu of planting the required buffer. The City may require_at its sole discretion that the applicant provide evidence or documentation of Fee- simple ownership, lease, easement, agreement, or other legally binding arran gement acceptable to the Citv. ensuring that such buffers are not cleared or removed during the life of the solar energy facility bv the landowner, owner, or operator, or anv contractor or agent thereof. B. In those instances where the existing natural vegetation and topography are insufficient to achieve a_continuous opnque-sei-eenvisual buffer at the minimum widths prescribed herein, a planted-buffersufficient landscaping shall be installed GO that within two (2) years of planting the screening sholl be completeas necessary to supplement such natural vegetation. If the plantings fails to provide achieve the required-efvisual screening of the solar energy facility bv-tbe endwithin of that time two (2) years following installation thereof, the City may require at its sole discretion the installation of additional screening measures, including but not limited to screening fabric or slats on the security fencing enclosing such facility, to ensure adequate visual screening of the facility and its components during the life of the solar energy facility, the solar farm developer shall be required to install Q full height green heavy duty, UV stabilized, knitted polyethylene screening Fabric on-d^e-portion of the Fence not being completely sei'eenedT  ■BC. With the exception of any required planting, buffers shall remain undisturbed. GD. Materials and ratios. Plant materials. Buffers shall contain a maximum of 25 percent of deciduous plant materials. SdiVPlanting for the entire length of the unvegetated buffer area shall provide: al. Plant-moter-iftlEvergreen trees having a height of not less than 6 feet at the time of plantings an^planted in a minimum of two rows, with staggered on--center spacing to provide a continuous visual barrier at the time of installation as viewed from adjacent roads and propeities:7 or b2. A minimum of one row of evergreen screening trees spaced 8 feet on center^ and 20 shrubs plonted-a-minimum ofspaced 5 feet on center in a minimum of two rows, per Appendix C; and 67 For every 50 linear feet of unvegetoted buffer area, 2 large canopy trees planted-a minimum of 25 feet apart and 3 understory trees planted n mlnimum-ef-15 feet apart per Appendix C. 5£iiil7 Alternate layouts that achieve the same degree of perfQrmancc-4av€l in terms of buffering and screening may be approved by the Director, (iv) A landscape maintenance bond required by Section 31 -bOStcIO) of the Ordinance for a solar energy facility shall be held for a period of 24 months following the date of Certificate of Occupancy issuance or final inspection by the City. (7) Exterior Blighting of large-scale ground-mounted-solar photovoltaic Installat-iensenergy facilities shall be consistent with local, state and federal law. Freestanding and wall-mounted Blighting of other-parts-of-tl^e-i nstallationon buildings and structures, such as accessory structures, shall be limited to that-the minimum required for safety and operational purposes. Lighting fixtures shall protect the night sky by using full-cutoff fixtures that focus light downward to minimize off-site glare. No solar energy facility shall produce glare that would constitute a nuisance to the public during construction or general operation. (8) Solar energy facilities shall be designed and constructed in substantial compliance with the approved conceptual plan. Notwithstanding any provision of the Ordinance to the contrary, a conditional use permit issued for a solar energy facility shall be valid for a period of five (5) years, or such other time period as specified bv the conditions of the permit, provided that Aa complete site plan application which substantially complies with the approved conceptual plandetailing all proposed-et^iges to the propeit-v; including-temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures shall be providedsubmitted for review prior to expiration of such time period. (9) A proposed solar energy facility shall not be located adjacent t07i or within, the control zone of any airport.  (10) All accessory structures shall meet the setback requirements for principal structures in the applicable zoning district, n n The solar facility owner or operator shall conduct soil testing for any contaminants directly attributable to solar panels, racking systems, and related equipment prior to construction and eyery fiye tS) years following initial testing until such time as tlie facility is decommissioned or abandoned. The owner or operator must file an initial baseline report at the time of application for a site plan, and shall file subsequent repoils. to the Director. Should a findiim indicating contamination by one or more components of the solar energy facility occur, the owner or operator shall remedy the same to applicable state and/or Federal standards within one (1) year or such other timeframe as prescribed by law. (12^ Notwithstanding any proyision of the Ordinance to the contrary, the following areas shall be deemed unsuitable generally for the deyelopment of solar panels and equipment: 1. Critical areas, including jurisdictional wetlands delineated in the field as describedand depicted in a wetlanddelineationreport submitted at the time of application for a conditional use permit, and confirmed by a preliminary jurisdictional determination issued by the U.S. Army Corps of Engineers; 2. Water quality stream buffers: 3. Areas containing twenty ('20') contiguous acres or more of mixed-species forest: 4. Steep slopes in excess of thirty percent (30%) unless proposed deyelopment and mitigation measures maintain or improve slope stability: and 5. Archaeologicallv. architecturally, and historically significant structures, sites, and places listed, or eligible for listing, on the National Register of Historic Places and Virginia Landmarks Register. Additional setbacks in excess of those in subsection (dV H of this section may be imposed by the City to mitigate the effects of a solar energy facility on such resources. The design of solar energy facilities shall avoid impacts to such features, provided that access roads, tree clearing for shade management, and other construction activities which incidentally or reasonably cross or impact such areas while minimizing and mitigating impacts thereto to the extent feasible may be exempted from this provision bv the Director. fl31 The owner or operator shall maintain the solar facility in good condition. Such maintenance shall include, but not be limited to. painting, structural integrity of the equipment and structures, as applicable, and maintenance of the buffer areas and landscaping. Site access shall be maintained in accordance with applicable City standards, 'fhe owner and/or operator shall be responsible for the cost of maintaining the solar facility. _(Gf) DECOMMISSIONING OR ABANDONMENT. (1) Solar energy facilities which have reached the end of their useful life, have not been in active and continuous service for a period of one year, or whose conditional use permit has been revoked bv City Council, shall be removed at the owner's or operator's  expense within six (61 months of the expiration of such period, except if the facility is actively in the process of beiim repowered or a force maieure event has occurred i-eQuiring longer than six TG*) months to make repairs. The City may require evidentiary support demonstrating that a longer repair period is necessary. The owner or operator shall notify the Director bv certified mail of the proposed date of discontinued operations and plans for removal. (21 Decommissioning of solar energy Facilities shall include the following: A, Physical removal of all solar energy equipment, machinery, and structures from the property including, but not limited to. buildings, foundations, poles, pilings, racking systems, cabling, equipment shelters, security barriers» electrical components, access roads, and associated facilities. B. Decompaction of compacted soils, which shall be required unless otherwise agreed to bv the owner or operator of the facility and the landowner. C. Grading, re-seeding,and revegetationoF the property, as necessary, to restore it to its pre-existing condition, unless otherwise agreed to bv the owner or operator of the solar energy facility and the landowner, subject to written request bv the landowner and approval bv the City Council. D. Proper disposal of all solid or hazardous materials and wastes from the property in accordance with local, state, and federal solid and hazardous waste disposal laws and regulations. E. Removal, grading, re-seeding, and revegetation of access roads on the property, and repairs to public roads attributable to solar Facility traffic or operations. All areas disturbed for the construction of access roads shall be graded, re-seeded, .and rcvcgctatcd. unless the landowner requests in writing that such access roads not be removed, graded, or restored to their pre-existing condition, subject to approval bv the City Council. (31 A decommissioning plan shall be provided describing the removal of the solar energy facility and final-land reclamation plan to be followed after the anticipated useful life, or abandonment^ or termination^ of the preieetsolar energy facility, including evidence of proposed commitments with affected parties (city, any lessor or property owner, etc.) that-t^ensure proper final reclamation of the property. Among other thingsln addition to the activities described in subsection (21 above, revegetation and road repair nrtivifion <;hniilH ha nddfGsr.ed in the plopT-the following shall be addressed in the plan: A. The anticipated life of the solar energy facility. B. The estimated decommissioning cost in current dollars, including a description regarding how the estimate was determined. C. The method for ensuring that adequate funds will be available for decommissioning the facility during and at the end of the anticipated life of the solar energy facility and that the estimated decommissioning cost will be kept current.  D. Identification of the party or parties rcsponsibie for decommissioning and how the City will be notified if changes are proposed in terms of solar energy facility ownership or the paity operating the facility. (3£) In the eyent that no electricity is generated for a continuous period of twepty- f&ttftwelye (S412) months, the solar energy facility ewnet^shall be deemed discontinued, and the owner and/or operator and/or property owner shall haye three-sjx (^6) months to complete decommissioning of the facility, or such other timeframe as agreed to in writing by the owner or operator and the City. (33—Seoommissioning shall include removal of nil solar-panels ond-support striiotures, buildings, cabling, eleclrical components, roads, and any other associated facilit-iesT (1) Disturbed earth shall be graded and re seeded, unless the landowner requests in writing thot the access roods or-other land surfoce areos not bo restored. (5) A performance agreement and surety, in a form approved by the city attorney and in an amount approved by the direeterDirector, shall be submitted by the applicant prior to the issuance of a building permit in order to insur ●e removal of the solar energy facility when it is no longer to be used for solar energy generation. Ordinances Resolutions Staff Reports Motion to schedule a City Council Work Session for Wednesday, January 3, 2024, at 4:00 p.m., unless cancelled Non-Agenda Speakers New Business Announcements and Comments