Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR NOVEMBER 21, 2017 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT DAVID HAINLEY, DIRECTOR THE REGULAR MEETING WILL BE HELD AT 2:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS OF THE CITY HALL BUILDING IF YOU CANNOT ATTEND OR NEED SPECIAL ACCOMODATIONS AT THE MEETING, PLEASE CALL THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT AT (757) 514-4060 PRIOR TO 12:00 NOON ON FRIDAY, NOVEMBER 17, 2017. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION NOVEMBER 21, 2017 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Special Presentation – Resolution of Appreciation to former Commissioner James R. Rountree 4. Family Transfer Plat: A. FAMILY TRANSFER SUBDIVISION PLAT FT03-17, submitted by Whitney G. Saunders, agent, on behalf of Faye Elizabeth Bright, applicant(s) and property owner(s), requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 42, Parcel 60*4, Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. 5. Public Hearings: A. CONDITIONAL USE PERMIT REQUEST, CUP2017-003, Commercial Ready Mix Products, Inc.: submitted by Raeford Eure, Hoggard Eure Associates, PC, applicant, on behalf of Hobbs Adams Investment Group, Inc., property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an Outdoor Operation and Storage, Manufacturing / Processing facility, on property located at 304 and 306 Kenyon Road, Zoning Map 33, Parcel(s) 9A and 9B. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned M- 2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2017-005, True Word Temple of Faith Ministries: submitted by Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Place of Worship, Small (under 6,000 square feet in main sanctuary), on property located at 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133. The affected area is further identified as being located in the Suffolk Voting Borough, Page 1  zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. C. ORDINANCE TEXT AMENDMENT OTA2017-003, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), which pertains to the acceptance of voluntary proffers associated with Conditional Rezoning Applications. The purpose of the text amendment is to provide improved clarity and consistency within the UDO, as well as to bring the UDO into compliance with changes to the Code of Virginia. D. ORDINANCE TEXT AMENDMENT OTA2017-004, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, with regard to permitting funeral home uses in the B-1, Neighborhood Commercial zoning district with the approval of a Conditional Use Permit. The purpose of the proposed text amendment is to update and refine the Unified Development Ordinance due to a change in circumstances. 6. Old Business 7. New Business A. Status Report – City Council Meeting, October 18, 2017 8. Commissioner’s Comments 9. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION October 17, 2017 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, October 17, 2017, at 2:00 p.m., in the Council Chambers of the Municipal Building, 442 W. Washington Street, Suffolk, Virginia, with the following persons present: MEMBERS: STAFF: Howard Benton, Chairman Helivi Holland, City Attorney Arthur Singleton David Hainley, Dir. of Planning & Com. Dev. Kittrell Eberwine Robert P. Goumas, Assistant Dir. of Planning Johnnie Edwards Claire Jones, Comp. Planning Manager John Rector Nicole Ward, Current Planning Manager Mills Staylor David Parks, Principal Planner Anita Hicks Kevin Wyne, Principal Planner James Vacalis Michael Reitelbach, Planner I Amy Thurston, Planner I Catina Myrick, Administrative Analyst The meeting was called to order by Chairman Benton and Commissioner Edwards opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. 1 STAFF REPORT: Amy Thurston, Planner I, gave a presentation on the Green Infrastructure Study, titled “Green Infrastructure in the Nansemond River Watershed”. STATUS REPORT: Mr. Hainley reported on the results of the September 20th City Council meeting. OTHER BUSINESS: Commissioner Singleton made a motion to initiate an ordinance text amendment to the Unified Development Ordinance in reference to: 1) conditional rezoning applications and acceptance of voluntary proffers and 2) minor subdivisions, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. Commissioner Singleton made a motion to initiate an ordinance text amendment to the Unified Development Ordinance in reference to establish funeral homes permitted uses with the approval of a conditional use permit in the B-1, Neighborhood Commercial zoning district, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 2  MT: Singleton MT: Singleton MT: MT: PLANNING COMMISSION 2ND: Edwards 2ND: Edwards 2ND: 2ND: MEETING TO: Initiate text TO: Initiate text TO: TO: October 17, 2017 amendment in amendment in reference to reference to funeral conditional rezoning homes and minor subdivisions VOTE: 8-0 VOTE: 8-0 VOTE: VOTE: PRESENT ABSENT YES NO YES NO YES NO YES NO X X X Benton, Howard C. X X X Eberwine, Kittrell X X X Edwards, Johnnie X X X Hicks, Anita X X X Rector, John X X X Singleton, Arthur X X X Staylor, Mills X X X Vacalis, James THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2017-005, submitted by Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), on 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133. APPLICANT: Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner. LOCATION: The affected properties are located at 412 N. Main St. and are further identified as Zoning Map 34G11(A), Parcel(s) 131, 132, and 133. PRESENT ZONING: CBD, Central Business District zoning district. EXISTING LAND USE: Existing building PROPOSED LAND USE: Place of worship, (small, under 6,000 square feet in the main sanctuary). SURROUNDING LAND USES: North – Medical Clinic, zoned CBD, Central Business District zoning. South – Restaurant and Single Family Homes, zoned CBD, Central Business District zoning. East – Cemetery, zoned CBD, Central Business District zoning West – N. Main Street right-of-way, single family homes, and Place of Worship, zoned CBD, Central Business District zoning. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District and is designated as 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 of the staff report, was also sent on November 17, 2017. CASE HISTORY: There is no case history associated with this property. Planning Commission November 21, 2017 CUP2017-005 Page 2 of 5 STAFF ANALYSIS ISSUE The applicants are requesting a Conditional Use Permit to establish a place of worship (small, under 6,000 square feet in the main sanctuary) within an existing building located at 412 N. Main Street. The subject properties consist of approximately 0.5 acres. The applicants are proposing to convert the existing building, formerly Tony’s Trophies, into a place of worship that will include an approximately 1,680 square foot sanctuary and will seat 71 occupants. There is no plan to provide a day care or other accessory uses at this property, and these uses are not contained within this Conditional Use Permit request. The applicant also notes in the narrative that this location will be used as a place of worship until the permanent site is complete. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a place of worship, (small, under 6,000 square feet in the main sanctuary), within the CBD, Central Business District zoning district. The Unified Development Ordinance states that the purpose of the CBD, Central Business District zoning district is designed to provide concentrated downtown civic, retail, service, office, residential and other uses. The property is located within the Central Growth Area, Mixed Use Core District. The Mixed Use Core District can be characterized as an area for high intensity business, retail, residential, and also presents opportunities for redevelopment, rehabilitation and infill types of development downtown. 2. The existing building is currently served with City water and sewer. The building layout currently shows two (2) restrooms in the building and the current water meter is adequately sized for the restrooms. The Department of Public Utilities did note that, if any changes to the building included additional water fixtures, the water meter will need to be evaluated to determine whether the existing water meter is sufficient for the water demands. The Department of Public Utilities has reviewed this application and has no objections to the proposed use. 3. Food preparation conducted on the property is not allowed under the current approval of the Suffolk Health Department. If there is a desire in the future to conduct food preparation activities on the property, approval from the Health Department would be needed. 4. Based on the parking requirements that are outlined in Table 606-2 of the UDO, the minimum parking requirement for a place of worship is a minimum of one space per four seats and a maximum of 1 space per 1.5. Based on the submitted conceptual layout, the place of worship will have approximately 71 seats within the main sanctuary, which will require 18-48 parking spaces to adequately serve the use. The occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department, however, the maximum number will not exceed 71 seats. The applicants are proposing 20 parking spaces, which will include the five (5) existing spaces located in front of the building and the remaining spaces will be located in the rear of the subject parcels. The property is currently accessed from N. Main Street and the existing commercial entrances Planning Commission November 21, 2017 CUP2017-005 Page 3 of 5 are adequate. Parking requirements can be met by a combination of on-site and nearby public parking. The City’s Traffic Engineer has reviewed this application and has no objections to the proposed use. 5. Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a Conditional Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a 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 shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a place of worship, (small, under 6,000 square feet in the main sanctuary), is a listed conditional use in CBD, Central Business District zoning district per the City’s Unified Development Ordinance and shall be in compliance with all applicable regulations. There are no supplemental use standards for places of worship set forth in Article 7 of the Ordinance. Although the applicant notes that this location will temporary be used as a place of worship, all of the applicable regulations will be met. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The proposed place of worship will conform to the character of the neighborhood as it is not out of character as to what is allowed in the CBD district. The lot has adequate size and frontage to accommodate the proposed place of worship. This use should not have any adverse impacts to the surrounding neighborhood. The property is surrounded by the CBD zoning districts. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. Planning Commission November 21, 2017 CUP2017-005 Page 4 of 5 The request for the place of worship has been reviewed by the City’s Traffic Engineer who expressed no concerns regarding traffic for the proposed use and location. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The proposed use is for a place of worship and should not produce excess vibration, noise, odor, dust, smoke, or gas. It is not anticipated that there will be any use attached with this activity which would have a noxious or offensive impact on the surrounding community. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The proposed place of worship should not diminish or impair the use or property values within this area. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The use of this property for a place of worship should not impede the orderly development and improvement of surrounding properties. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The proposed use of a place of worship should not be a detriment or endangerment to the public health, safety, morals, comfort, or general welfare. h) The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use. The public interest and welfare should not be compromised by the proposed use of a place of worship. The individual interests of persons within the neighborhood should not be adversely impacted by the proposed use. RECOMMENDATION The proposed use of a place of worship (small, under 6,000 square feet in the main sanctuary) is similar to and compatible with uses in the surrounding area and should have minimal impacts on the neighborhood. Based on this review, staff has determined that the applicant’s request to grant Conditional Use Permit CUP2017-005 will have no adverse impact on the surrounding area and hereby recommends that this request for a Conditional Use Permit be approved subject to the following conditions: Planning Commission November 21, 2017 CUP2017-005 Page 5 of 5 1. This Conditional Use Permit is granted to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133., as shown on Exhibit “B”, “Property Map”. 2. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed with a maximum of 71 seats in the main sanctuary. 3. No food preparation may take place without approval from the Suffolk Health Department. 4. The interior configuration shall be substantially in accordance with the proposed building layout, as shown on Exhibit “C”. Attachments • General Location Map • Zoning / Land Use Map • Narrative • Proposed Ordinance • Exhibit A – Planning Commission Recommendation • Exhibit B – Property Map • Exhibit C – Site Survey/Building Layout GENERAL LOCATION MAP CUP2017-005 ! ( Subject Property Location s Central Growth Area Use Districts MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURE Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, VILLAGE and the GIS user community  ZONING / LAND USE MAP CUP2017-005 N M AI 34G11(A)*133 N ST CBD 34G11(A)*132 34G11(A)*131 N ST MAH A RU s CUP2017-005 ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP, (SMALL, UNDER 6,000 SQUARE FEET IN THE MAIN SANCTUARY), ON PROPERTY LOCATED AT 412 N. MAIN STREET, ZONING MAP 34G11(A), PARCEL(S) 131, 132, AND 133; CUP2017-005 WHEREAS, Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, have requested a conditional use permit for a place of worship 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 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133, 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", and Exhibit “C”, “Site Survey/Building Layout”, 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 place of worship, (small, under 6,000 square feet) 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 forth below. These findings are based upon the consideration for the existing use and character of property, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of a place of worship (small, under 6,000 square feet) is by the imposition of the conditions provided herein. Section 3. Permit Granted. The conditional use permit for the Property 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 place of worship, (small, under 6,000 square feet in the main sanctuary), in compliance with Exhibit “C” (the “Site Survey/Building Layout”), and Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This Conditional Use Permit is granted to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133., as shown on Exhibit “B”, “Property Map”. 2. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed with a maximum of 71 seats in the main sanctuary. 3. No food preparation may take place without approval from the Suffolk Health Department. 4. The interior configuration shall be substantially in accordance with the proposed building layout, as shown on Exhibit “C”. Section 4. General Conditions. (a) The conditional use permit may be revoked by City Council upon failure to comply with any of the conditions contained herein, after ten days written notice to Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met. (c) The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, or any party undertaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subject. Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; 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 jurisdiction, such unconstitutionality or 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 determination. 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 from 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: ______________________________________ Helivi L. Holland, City Attorney  Exhibit A RESOLUTION NO. 17-11-3 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2017-005 TO ESTABLISH A PLACE OF WORSHIP, ON PROPERTY LOCATED AT 412 N. MAIN STREET, ZONING MAP 34G11(A), PARCEL(S) 131, 132, AND 133 WHEREAS, Joel Nichols, Agent, on behalf of True Word Temple of Faith Ministries, applicant, on behalf of 412 N. Main LLC, property owner, have requested the issuance of a conditional use permit for a certain tract of land situated in the City of Suffolk, 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 permit a place of worship, (small, under 6,000 square feet in the main sanctuary), 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: 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 of persons living or working in or driving through the neighborhood, 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 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.  Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, CUP2017-005, be: a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. b) Denied, and that Council not adopt the proposed Ordinance. c) Granted with the modifications set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED:_________________________________ TESTE:________________________________________  CONDITIONAL USE PERMIT CUP2017-005 CONDITIONS 1. This Conditional Use Permit is granted to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 412 N. Main Street, Zoning Map 34G11(A), Parcel(s) 131, 132, and 133., as shown on Exhibit “B”, “Property Map”. 2. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed with a maximum of 71 seats in the main sanctuary. 3. No food preparation may take place without approval from the Suffolk Health Department. 4. The interior configuration shall be substantially in accordance with the proposed building layout, as shown on Exhibit “C”.  EXHIBIT B PROPERTY MAP CUP2017-005 N M AI 34G11(A)*133 N ST 34G11(A)*132 34G11(A)*131 N ST MAH A s  EXHIBIT C CUP2017-005 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2017-003: As initiated by the City of Suffolk, the proposed text amendments are intended to modify the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), which pertains to the acceptance of voluntary proffers associated with Conditional Rezoning Applications. The purpose of the text amendment is to provide improved clarity and consistency within the UDO, as well as to bring the UDO into compliance with changes to the Code of Virginia. 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 the attached Exhibit B are housekeeping amendments which are intended to either improve consistency and clarification in the UDO or to amend the UDO due to changes to the Code of Virginia. In that regard, the following sections of the UDO are recommended to be amended: Section 31-506- Minor Subdivisions - This amendment proposes to insert existing language utilized in Appendix A, Definitions, into the procedural description for Minor Subdivisions contained within Section 31-506. This is not a substantive change. Appendix B, Section B-4, Rezoning Applications – Subsection (f) pertaining to the acceptance of voluntary proffers associated with Conditional Rezoning Applications - The Code of Virginia does not allow localities to accept a proffer for a conditional rezoning application in which the profferor purports to waive future legal rights against the City or its agents; therefore, the existing language regarding proffers must be removed from the Unified Development Ordinance in order to comply with state code. RECOMMENDATION Based on the considerations noted above, staff recommends approval of the proposed text amendments. Planning Commission November 21, 2017 OTA2017-003 Page 2 of 2 The Committee on Ordinances, at their meeting of October 17, 2017, by a vote of 4 to 0, passed a motion to forward the proposed amendments to the Planning Commission for consideration with the recommendation that they be approved. Attachments  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – “Amendments to Chapter 31, Unified Development Ordinance, Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), of the Code of the City of Suffolk, Virginia” ORDINANCE NUMBER_____________ AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 5, SECTION 31-506, MINOR SUBDIVISIONS, AND APPENDIX B, SECTION B-4, REZONING APPLICATIONS, SUBSECTION (F); OTA2017-003 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of improving clarity and consistency within the UDO, as well as to bring the UDO into compliance with changes to the Code of Virginia; 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 Planning 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 “A,” “Planning Commission Recommendation,” and Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance, Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), of the Code of the City of Suffolk, Virginia” which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), of the Code of the City of Suffolk, Virginia, 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: _________________________________ Helivi L. Holland, City Attorney  Exhibit “A” RESOLUTION NO. 17-11-4 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2017-003 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 5, SECTION 31-506, MINOR SUBDIVISONS, AND APPENDIX B, SECTION B-4, REZONING APPLICATIONS, SUBECTION (F) WHEREAS, the Planning Commission of the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of improving clarity and consistency, as well as to bring the UDO into compliance with changes to the Code of Virginia; 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; 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: TESTE:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance, Article 5, Section 31-506, Minor Subdivisions, and Appendix B, Section B-4, Rezoning Applications, Subsection (f), of the Code of the City of Suffolk, Virginia”  ARTICLE 5 – SUBDIVISION SEC. 31-506. CLASSIFICATION OF APPLICATIONS AND GENERAL PROCEDURAL REQUIREMENTS. (a) PURPOSE. The requirements of this Section identify approvals that are required to authorize any subdivision activity. (b) GENERAL PROCEDURE. (1) CLASSIFICATION OF SUBDIVISIONS. Applications for approval of a subdivision plat shall be classified as set forth in Subsections (2) and (3), below, for purposes of applying the procedures and standards prescribed in this Article. (2) MINOR SUBDIVISION. The following may be processed as a minor subdivision: A. The division of any land that will result in the creation of not more than four (4) lots, including the parent tract, fronting on an existing street, not involving any new street or road, or the extension of public facilities or the creation of any public improvements, and not adversely affecting the remainder of the parcel or adjoining property, and not in conflict with any provision or portion of the Comprehensive Plan or the Ordinance where the dedication of street easements is not involved, may be processed as a minor subdivision unless otherwise provided herein. B. Family transfers, in accordance with the procedures and standards of Section 31-514 of this Ordinance. (3) MAJOR SUBDIVISION. A. All land subdivisions that are not exempted by state statute or previously described under the minor subdivision procedures shall be processed as a major subdivision. B. No contiguous property owned by the same individual(s) or corporation shall be subdivided into greater than four (4) lots without meeting the requirements for a major subdivision. …  APPENDIX B – SUBMISSION REQUIREMENTS B-4. REZONING APPLICATIONS. No application for a rezoning shall be certified as complete unless the following information is provided: … (f) In addition to the information required elsewhere in this chapter for submission of petitions for reclassification of property, any applicant proposing a conditional rezoning under the provisions of Section 31-305 of this Ordinance shall submit a signed statement as follows: "Conditions voluntarily proffered for the reclassification of property identified as ____________ . I hereby voluntarily proffer that the development of the property owned by me proposed for reclassification under this application shall be in strict accordance with the conditions set forth below. I hereby waive any right to challenge, in any judicial or administrative proceeding, the legality of such conditions or to assert a claim for compensation resulting from such conditions (except where compensation is expressly provided for in the conditions) under federal or Virginia law." THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2017-004: As initiated by the City of Suffolk, the proposed text amendments are intended to modify the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, with regard to permitting funeral home uses in the B-1, Neighborhood Commercial zoning district with the approval of a Conditional Use Permit. The purpose of the proposed text amendment is to update and refine the Unified Development Ordinance due to a change in circumstances. 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 Due to a proposed expansion of an existing funeral home, it has been brought to staff’s attention that funeral homes are not permitted in the B-1, Neighborhood Commercial zoning district. In comparison, currently, funeral homes are permitted by-right in the B-2, General Commercial zoning district, and with the approval of a Conditional Use Permit in the A, RR, RE, RL, RLM, RM, VC, CBD, O-I, and FRRD zoning districts. As stated in the Unified Development Ordinance, the purpose of the B-1, Neighborhood Commercial zoning district, is to provide neighborhood services, including small office, professional services, and retail, which is designed in scale with surrounding residential uses. Furthermore, this district is intended to provide a balance of residential and non- residential uses that reflect the economic needs of residents and business owners. Staff has evaluated this matter and suggests that the following sections of the UDO be amended: Section 31-406- Use Regulations, Table 406.1, Principal Uses Permitted in Zoning Districts: - Amend the Principal Uses Table to allow funeral home uses in the B-1, Neighborhood Commercial zoning district with the approval of a Conditional Use Permit. Planning Commission November 21, 2017 OTA2017-004 Page 2 of 2 RECOMMENDATION Based on the considerations noted above, staff recommends approval of the proposed text amendments. The Committee on Ordinances, at their meeting of October 17, 2017, by a vote of 3 to 1, passed a motion to forward the proposed amendments to the Planning Commission for consideration with the recommendation that they be approved. Attachments  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – “Amendments to Chapter 31, Unified Development Ordinance, Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, of the Code of the City of Suffolk, Virginia” ORDINANCE NUMBER_____________ AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, SECTION 31-406, USE REGULATIONS, TABLE 406-1: PRINCIPAL USES PERMITTED IN ZONING DISTRICTS; OTA2017-004 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating and refining the Unified Development Ordinance due to a change in circumstances; 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 Planning 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 “A,” “Planning Commission Recommendation,” and Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance, Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, of the Code of the City of Suffolk, Virginia” which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, of the Code of the City of Suffolk, Virginia, 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: _________________________________ Helivi L. Holland, City Attorney  Exhibit “A” RESOLUTION NO. 17-11-5 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2017-004 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 4, SECTION 31-406, USE REGULATIONS, TABLE 406-1: PRINCIPAL USES PERMITTED IN ZONING DISTRICTS WHEREAS, the Planning Commission of the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of updating and refining the Unified Development Ordinance due to a change in circumstances; 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; 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: TESTE:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance, Article 4, Section 31-406, Use Regulations, Table 406-1: Principal Uses Permitted in Zoning Districts, of the Code of the City of Suffolk, Virginia”  ARTICLE 4 – ZONING, SECTION 31-406, USE REGULATIONS TABLE 406-1: PRINCIPAL USES PERMITTED IN ZONING DISTRICTS Specific Use Type Zoning Districts RU- RU- RU- MUC- B- B- O- M- C A RR RE RL RLM RM RC RU VC CBD CP M- FRRD 12 18 24 40 1 2 I 2 1 COMMERCIAL AND RETAIL: Fuel sales (not including — C — — — — — — — — — — — — C — — — — — P — gasoline service stations) — Funeral home — C C C C C C — — — — — — P C C C — — — C C Gasoline service station — — — — — — — — — — — — — C P C C C — C C C (Ord. No. 13-O-117, 12-18-2013; Ord. No. 14-O-089, 6-18-2014; Ord. No. 14-O-072, 6-18-2014; Ord. No. 15-O-068 (Exh. 1), 6-17- 2015; Ord. No. 16-O-014, § 2(Exh. B), 2-17-2016; Ord. No. 16-O-030, § 2(Exh. B), 4-20-2016; Ord. No. 16-O-056, § 1(Exh. A), 6- 15-2016) THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF October 18, 2017 A. CONDITIONAL USE PERMIT REQUEST, C24-14, Village Christian Fellowship, submitted by Frank Rawls, agent, on behalf of Village Christian Fellowship, applicant and property owner, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a place of worship, Approved small, on property located at 2941 Bridge Road, Zoning Map 12, Parcel(s) 12D and 12H. w/conditions The affected areas are further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as a part of the Central Growth Area, Suburban Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2017-01, Sylvan Learning Center: submitted by Kim Teixeira, applicant(s), on behalf of Bennetts Creek Crossing, LLC, property owner(s), in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a school, business or Approved trade, for property located at 3575 Bridge Road, Zoning Map 12, Parcel (s) 55*1. The w/conditions affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner-Ring Suburban Use District. C. ORDINANCE TEXT AMENDMENT OTA2017-001; 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 31-701, Accessory Uses and Structures, Subsection (b) Accessory Uses Permitted in Conjunction with Residential Uses, for Approved the purpose of establishing supplemental standards pertaining to family day homes that serve between five (5) and twelve (12) children. 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 circumstances. D. ORDINANCE TEXT AMENDMENT OTA2017-002, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-702, Animal Regulations and Agricultural Approved Production Operations and Facilities, and Appendix A, Definitions, for the purpose of improving clarity related to the calculation of equivalent animal units. 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 circumstances. THIS PAGE WAS INTENTIONALLY LEFT BLANK