Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JANUARY 15, 2019 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, JANUARY 11, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION January 15, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Preliminary Subdivision Plat: A. PRELIMINARY SUBDIVISION PLAT REQUEST, PSB2018-004, Bennett’s Creek Quarter: submitted by Jeffrey P. Huentelman, P.E., Land Planning Solutions, Inc., agent, on behalf of John Napolitano, Bennetts Creek Quarter LLC, applicant and property owner, in accordance with Section 31-308 and 31-508 of the Unified Development Ordinance, to approve a Preliminary Subdivision Plat to create 50 single family detached residential parcels, 3 multi-family parcels, and associated rights-of-way, on property located at 3347 Bridge Road, Zoning Map 12, Parcel 32. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned RU, Residential Urban zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner-Ring Suburban Use District. 4. Public Hearings: A. CONDITIONAL USE PERMIT REQUEST, CUP2018-014, Child Day Care Center: submitted by Dave France, P.E., Kimley-Horn and Associates, Inc., agent, on behalf of Javoun Smallwood, Smallwood Properties, LLC, applicant and property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Day Care, Child Day Center, on property located at 400 Finney Avenue, Zoning Map 34G19(4), Parcel 1. The affected area is further identified as being located in the Suffolk Voting Borough, zoned O-I, Office/Institutional zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2018-016, White Marsh Road Event Venue: submitted by Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Public Assembly not otherwise enumerated, on property located at 4251 White Marsh Road, Zoning Map 66, Parcel 48E. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned Page 1  A, Agricultural zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. 5. Old Business 6. New Business A. Staff Report Presentation on the Proposed Capital Improvements Plan FY 2020-2029 B. Status Report – City Council Meeting, December 19, 2018 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION December 18, 2018 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, December 18, 2018, 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. Oliver Creekmore Robert P. Goumas, Assistant Dir. of Planning John Rector Nicole Ward, Current Planning Manager Mills Staylor Kevin Wyne, Principal Planner Anita Hicks Claire Jones, Comp. Planning Manager Kittrell Eberwine Amy Thurston, Planner II Johnnie Edwards Grace Heagy, Planner I Catina Myrick, Administrative Analyst The meeting was called to order by Chairman Benton and Commissioner Staylor 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. PUBLIC HEARINGS: 1 CONDITIONAL USE PERMIT REQUEST, CUP2018-010, Suffolk Crazy Vapes: submitted by Whitney G. Saunders, Saunders and Ojeda P. C., applicant, on behalf of John Lewis and Dianna Temple, Vape Lovers VA, LLC, agent, on behalf of Nick Anoia, 6539C East Virginia Beach Blvd., LLC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and recreation center, on property located at 1008 Portsmouth Boulevard, Units D & E, Zoning Map 35, Parcel 83E*1. The affected area is further identified as being located in the Cypress Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner- Ring Suburban Use District. The first item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner II. Ms. Thurston stated that the applicant proposed to establish an indoor amusement/entertainment/recreation center within units D and E of the existing commercial strip center. The proposed business, Suffolk Crazy Vapes, would include retail sales of vapor and vapor-related products that are used for electronic cigarettes and electronic computer games that would be available to customers who purchase products. Retail sales and service is permitted by-right at this location within the B-2, General Commercial zoning district; however, the proposed electronic gaming, which is classified as indoor amusement/entertainment/a recreation center, requires a Conditional Use Permit in accordance with the UDO. The proposed hours of operation for this business will be from 10 a.m. to 11 p.m., with the exception of Sunday hours beginning at 1 p.m. and going until 11 p.m. The applicant proposed that the store be separated into two (2) sections, a smoking and non-smoking area, with 2 the store’s primary entrance being located in the non-smoking area. The applicant will be required to obtain all required building and zoning permits from the Division of Community Development. Adequate off-street parking is available adjacent to the building and there is an existing traffic light on Portsmouth Boulevard. The Department of Public Works, Traffic Engineering, had no concerns. This property is currently served by both public water and sewer. Based on the information provided, the Department of Public Utilities had no objections to this request. No food preparation is proposed for this facility; however, if food preparation is to occur in the future, the proper permits will need to be obtained from the Health Department. The Department of Public Works, Traffic Engineering Division, had no objections to this request as adequate parking and vehicular access is available. In summary, the proposed indoor amusement/ entertainment/recreation center is compatible with the existing commercial uses in the shopping center and along the Portsmouth Boulevard corridor. The proposed use is also adequately separated from residential uses. Based on this review, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Whitney Saunders, 705 W. Washington Street, Suffolk, VA. There being no speakers in opposition, the public hearing was closed. 3 Commissioner Rector made a motion to approve this application with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 6 to 2. CONDITIONAL USE PERMIT REQUEST, CUP2018-011, Auto Auction: submitted by Whitney G. Saunders, Saunders & Ojeda, P.C., agent, on behalf of Ram Adar, BHT Properties Group, LLC, applicant, on behalf of Edward Mitchell, BR Land LC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an Automobile Auction, Automobile Storage Lot including Vehicle Tow Yards, and Automobile graveyard, on property located at 205 Benton Road, Zoning Map 34, Parcel 66. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. The next item of business was introduced by the Chairman. Mr. Hainley advised that staff received a letter dated December 17th from Whitney Saunders advising that the applicant has elected to withdraw this request. CONDITIONAL USE PERMIT REQUEST, CUP2018-012, The Children’s Center Expansion: submitted by Stuart W. Bonnell, P.E., Hassell & Folkes, P.C., applicant, on behalf of Janet S. Owen, on behalf of The Children’s Center, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, in order to amend the previously approved conditions pertaining to the establishment of a Day Care, Child Day Center, on property located at 300 Executive Court, Zoning Map 26, Parcels 35C*1, 35C*2, 35C*3, 35C*3A, 35C*4, and 35C*A. The purpose of this request is to enlarge and expand the operation and physical facility of the existing child day care center. The affected area is further identified as being located in the Cypress Voting Borough, zoned O-I, Office/Institutional zoning district. The next item of business was introduced by the Chairman followed by a staff report by Amy Thurston, Planner II. Ms. Thurston stated that this request is to grant a conditional use permit to amend the previously approved conditions pertaining to the 4 establishment of a Day Care, Child Day Center. The applicant would like to expand the facility from approximately 10,778 square feet to approximately 15,400 square feet, for an increase in floor area of 4,622 square feet. The addition is planned to consist of six (6) classrooms, 1,500 square feet of professional offices, 1,200 square feet used for therapy services, and roughly 500 square feet used for a kitchen and pantry space. In addition, the applicant requests to construct a new playground, parking lot and associated improvements as shown on the conceptual plan. The Center currently serves 132 children that range from six (6) weeks in age to five (5) years old. The proposed expansion would allow the Center to increase their enrollment by forty-eight (48) children of similar ages for a total of 180 children. They specifically would like to expand their Early Head Start Program. The number of staff will also increase as needed in order to comply with the Virginia Department of Social Services standards. The applicant expected to add twenty-four (24) new staff positions and they anticipate an increase in the number of specialists that visit the Center. As noted in the approved Public Facilities Report submitted by the applicant, the Department of Public Utilities advised that in order to satisfy the pressure and flow requirements generated by the proposed expansion, the existing 10-inch water main serving the site will be required to be upgraded to a 12-inch main. No food preparation may take place without proper permits and approval from the Suffolk Health Department. The Department of Public 5 Works, Engineering Division, advised that a stormwater maintenance agreement and geotechnical report will be required at site plan submittal. The applicant plans to refrain from impacting the RPA; however, any encroachment will require necessary permits. As noted in the approved Traffic Impact Study submitted by the applicant, the Department of Public Works, Traffic Engineering Division advised that right and left turn lanes are required at the intersection of Wilroy Road at Executive Court. The applicant must obtain licensure from the Virginia Department of Social Services for the operation of a child care facility in accordance with the standards outlined in the Virginia Administrative Code. An expansion of the existing Children’s Center child day center is compatible with the existing land uses and surrounding zoning. Based on this review, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Stuart Bonnell, Hassell & Folkes, 325 Volvo Parkway, Chesapeake, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2018-015, Community Church International: submitted by Amanda Powell, Community Church International, applicant, on behalf of Richard P. Allred, Holland Plaza Associates LP, property 6 owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Place of Worship, Large, at least 6,000 square feet in main sanctuary, on property located at 1242 Holland Road, Zoning Map 34D, Parcel A. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Grace Heagy, Planner I. Ms. Heagy stated that the application proposed to utilize the former Food Lion space for the operation of a church. The auditorium is proposed to have 350 seats with a potential total maximum capacity of 546 for future growth. The applicant does not propose using the former pharmacy that is attached to the building at this time. There are 347 existing shared parking spaces for the Holland Plaza Shopping Center, based on the potential max capacity of 546 seats, there is adequate parking for existing, and proposed uses. The existing shopping center is served by a traffic signal that controls access to the parking area. The request for this place of worship has been reviewed by the City’s traffic engineer, who expressed no concerns regarding ingress, egress, or parking in relation to this proposed use. There is no proposed land disturbance or increase in impervious surface as a result of the proposed use; therefore, the Department of Public Works has no concerns in regard to stormwater. In addition to the auditorium, the applicant proposed to have office space for 12-15 employees, and Sunday school space for children from 6 weeks old to middle 7 school age. The applicant proposed to add additional bathrooms toward the front of the building to comply with building code regulations. The Department of Public Utilities reviewed this request and recommended that the water meter size be verified based on the total water fixture count prior to obtaining a building permit, otherwise the Department of Public Utilities has no objections. After analyzing the proposed impacts of the use and reviewing the approval criteria in the UDO, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Amanda Powell, applicant. There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. CAPITAL IMPROVEMENTS PLAN: Tealen Hansen, Director of Finance, and City staff gave a presentation on the City’s Capital Improvements Plan for FY 2020-2029. STATUS REPORT: Mr. Hainley reported on the results of the December 5th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 8  MT: Rector MT: Staylor MT: Hicks MT: PLANNING COMMISSION 2ND: Hicks 2ND: Singleton 2ND: Creekmore 2ND: MEETING TO: Approve TO: Approve TO: Approve TO: December 18, 2018 w/conditions w/conditions w/conditions VOTE: 6-2 VOTE: 8-0 VOTE: 8-0 VOTE: CUP2018-010 CUP2018-012 CUP2018-015 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X Benton, Howard C. X X X X Creekmore, Oliver X X X X Eberwine, Kittrell X X X X Edwards, Johnnie X X X X Hicks, Anita X X X X Rector, John X X X X Singleton, Arthur X X X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION PRELIMINARY SUBDIVISION PLAT, Bennett’s Creek Quarter - PS2018-004: Preliminary Subdivision Plat PSB2018-004, for a conventional subdivision creating 50 single family lots and 3 parcels for future residential developments and associated rights-of-way. APPLICANT: John Napolitano, Bennetts Creek Quarter LLC and Robert A. Chappelle, HHHunt Corporation, applicant(s), and property owner(s), LOCATION: The subject properties are located at 3347 Bridge Road, 5635 and 5551 Shoulders Hill Road, and is further identified as Zoning Map 12, Parcels 32, 55*1J and 55*1D*2, Sleepy Hole Voting Borough. PRESENT ZONING: The property is presently RU, Residential Urban zoning district. EXISTING LAND USE: The 105 acre site contains one single family dwelling and consists largely of open fields and marshland. PROPOSED LAND USE: The site is proposed to contain 50 single family lots and 3 parcels for multi-family residential development along, with associated rights-of-way. SURROUNDING LAND USES: North –Shopping Center (General Commercial-B-2), a single family dwelling (RL, Residential Low Density), office (O-I, Office Institutional) and service uses (B-1, Neighborhood Commercial). South–Single family detached and attached (RU-Residential Urban) West– Single family residential (RU-Residential Urban) East – Vacant landscape nursery distribution center and undeveloped property (B-2, General Commercial District) COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as a part of the Northern Growth Area, Inner Ring Suburban 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 a Resource Management Area (RMA) and contains areas located within the Chesapeake Bay Resource Protection Area (RPA). CASE HISTORY: On March 21, 2018 City Council granted a Conditional Rezoning (RZC2017-002) for this property from RR, Residential Rural zoning district to RU, Residential Urban zoning district. The applicant proffered the allowed total number of units to be constructed prior to the adequate capacity at the intersection of Bridge Road and Shoulders Hill Road, right-of way improvements, and a monetary proffer for the advancement of capacity at the elementary and high school level. Planning Commission January 15, 2019 PSB2018-004 Page 2 of 4 STAFF ANALYSIS ISSUE The proposed residential subdivision, which is allowed by-right will contain 50 single family lots, 3 parcels for multi-family residential developments and is proposed to be constructed in two phases. The primary point of access is on Shoulders Hill Road via Laycock Lane. Stub streets will be constructed to connect to the adjacent property to the east for future development and to the Balmoral development to south. The proposed subdivision will be constructed as a conventional subdivision. CONSIDERATIONS 1. DESIGN ISSUES The lots within the proposed Bennetts Creek Quarter meet the requirements contained within Table 407-1, Dimensional Standards, of the Unified Development Ordinance (UDO) for the RU, Residential Urban zoning district. This zoning district requires a minimum lot size of 4,000 square feet and a minimum frontage of 15 feet as measured at the edge of right-of-way and a minimum lot width of 50 feet at the front setback line for a conventional subdivision. The maximum lot width in the RU zoning district is 80 feet. The proposed conventional subdivision is also being designed in accordance with Table 605-1 of the UDO which establishes maximum length for blocks within a conventional subdivision. The setbacks are in accordance with Table 407-1 of the UDO as well. 2. PUBLIC UTILITIES The Public Facilities Report (PFR) submitted with this application addresses the projected water and sanitary sewer demands for the 406 unit residential site. An 8” gravity sewer main is available for connection along Richard Bennett Pkwy for sanitary sewer service. The PFR shows a total sewer flow for the project at 227.6 gpm (peak). The sewer from this site is conveyed to City PS #118/Bennetts Creek Quarter. The sewer capacity at this station was previously allocated with the Deed of Easement and Dedication document that was recorded on July 9, 2010, by and between the City and the collective property owners in Bennetts Creek Quarter (SHI, BCS, Hunt, and BCQ). In this document, parcel 12*32, also referred to as the “BCQ Property” was allocated 36.60 gpm (peak) for sanitary sewer. There is also a reserved capacity listed at 228.37 gpm (peak) in the document to be allocated by the City on a first come first serve basis. Should this proposed development be approved, all of the BCQ Property allocation of 36.60 gpm would be expended, and an additional 191 gpm would be deducted from the reserved capacity, thereby leaving 37.37 gpm remaining in the reserved capacity. Planning Commission January 15, 2019 PSB2018-004 Page 3 of 4 Regarding water availability, there are two 8” water mains that exist near the project site; one along Richard Bennett Parkway and one along Laycock Lane, and are available for connection to supply domestic and fire protection service. A City water model will be required to determine the available flow and pressure the City can provide to the site at the connection point(s). In addition, an on-site water model will be required during design. The preliminary plat provided in the Land Use packet identifies multiple parcels and phases of the project. Any development within either phase of the project shall be designed and constructed as standalone development with respect to providing domestic water, fire protection, and sanitary sewer service. Based on the information provided, the Department of Public Utilities no objections to the Preliminary Subdivision Plat as presented. 3. PARKS AND RECREATION The conventional subdivision portion of the development provides open space parcels with a total of 1.20 acres of active open space. These active open space parcels will provide a mix of amenities for the residents of the subdivision. The layout also provides for 1.63 acres of passive open space which generally consist of wooded areas and critical areas within the site. The open space areas for the multi-family residential developments will be evaluated at the time of site plan review. 4. STREETS/TRAFFIC IMPACTS The primary point of access is on Shoulders Hill Road via Laycock Lane rather. Stub streets will be constructed to connect to the adjacent property to the east for future development and to the Balmoral development to south. The proposed subdivision will be constructed as a conventional subdivision. As proffered in the rezoning, after the buildout and completion of 68 single family units or the equivalent 111 townhome or attached condominium style units are built, no additional units shall be constructed until adequate capacity becomes available at the intersection of Bridge Road and Shoulders Hill Road. The City’s Traffic Engineer has reviewed the preliminary plan and recommends approval. 5. STORMWATER IMPACTS This property is located in the Chesapeake Bay Preservation Area Overlay District with a Resource Management Area (RMA) designation. As such, stormwater BMPs must be integrated into the subdivision. The submitted preliminary plan shows BMP as the primary stormwater management device. Further design of these structures will be reviewed by Public Works through the engineering and site plan reviews. The final plat shall include the appropriate stormwater impoundment easements as well as necessary access and maintenance easements associated with those structural stormwater control devices. Planning Commission January 15, 2019 PSB2018-004 Page 4 of 4 RECOMMENDATION The proposed preliminary plat is in compliance with the minimum design standards of the Unified Development Ordinance and is consistent with the 2035 Comprehensive Plan. Based on these findings-of-fact, staff recommends approval of the preliminary plat subject to the conditions noted in the attached resolution. Attachments • General Location Map • Zoning / Land Use Map • Conceptual Layout • Proposed Resolution • Exhibit A – Conditions of Approval • Exhibit B - Preliminary Subdivision Plat for Bennett’s Creek Quarter, dated January 4, 2019  GENERAL LOCATION MAP PSB2018-004 Subject ! ( Property Location Northern Growth Area s Use Districts MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community VILLAGE User Name: bsmith Date: 11/8/2018  ZONING / LAND USE MAP PSB2018-004 Y RD FERR DR K N OT OR N E RU WI N B C TS NE B-2 RLM COOK RD K RD O-I BRID GE R D BRIDGE RD WALDEN RD B-2 RL B-1 U SH O B-2 L DE RS H RU 12*55*1J ILL RD RR LN CK 12*32 RU LA YC O 12*55*1D*2 PL RU AL DE R TND PAR KSIDE C JU N I PER L N B-2 PIED M IR ON T DR RD RN R ELDE O ME s R BE RR C ID Y RD ER IA AB N ARM CIR BE N NETT PL SA N S CR EEK O-I D OW N PARK CV RD SILVER SE D GE FIE PD CH LD S T ST SO KE L PD User Name: bsmith Date: 12/13/2018 PSB2018-004  RESOLUTION NO. 19-01-01 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION APPROVING A PRELIMINARY SUBDIVISION PLAT, FOR BENNETT’S CREEK QUARTER SUBDIVISION, ZONING MAP 12, PARCEL(S) 32, 55*1J and 55*1D*2, PSB2018-004 WHEREAS, Bennetts Creek Quarter LLC and HHHunt Corporation, property owners, has submitted a preliminary plat for review pursuant to the provisions of the City of Suffolk’s Unified Development Ordinance, which plat is entitled “Bennetts Creek Quarter Preliminary Subdivision Plan”, dated January 4, 2019, prepared by Land Planning Solutions; and WHEREAS, the requirements for consideration of the Preliminary Plat 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. Exhibit “A”, “Conditions of Approval”, Exhibit “B”, “Bennetts Creek Quarter Preliminary Subdivision Plan”, dated January 4, 2019”, which are attached hereto, are hereby incorporated as part of this resolution. Section 2. Exhibit “B”, “Bennetts Creek Quarter Preliminary Subdivision Plan” dated January 4, 2019, be and it is hereby, approved, subject to the conditions, if any, contained on the attached Exhibit “A” Conditions of Approval. Section 3. The approval of the preliminary plat shall not constitute approval of the final plat, but the preliminary plat shall serve as a guide in the preparation of the final subdivision plat. READ AND ADOPTED:________________________________ TESTE:________________________________  EXHIBIT A CONDITIONS OF APPROVAL PSB2018-004 1. The property shall be developed substantially in accordance with the entitled “Bennetts Creek Quarter Preliminary Subdivision Plan” dated January 4, 2019, prepared by Land Planning Solutions, as shown on Exhibit “B”. 2. The location of stormwater management pond(s) and appropriate easements(s) shall be identified on future site development plans. Exhibit B EXHIBIT B PSB2018-004  EXHIBIT B PSB2018-004 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2018-016, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a public assembly not otherwise enumerated. APPLICANT: Submitted by Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers. LOCATION: The affected property is located at 4251 White Marsh Road, Zoning Map 66, Parcel 48E. PRESENT ZONING: A, Agricultural zoning district. EXISTING LAND USE: The subject parcel has an approximate area of 22.89 acres. This parcel is an undeveloped lot that has an unpaved road on the southern portion of the property that extends from White Marsh road to the tree line. PROPOSED LAND USE: The applicant proposes to build a 6,000 square foot barn, with an 18 foot veranda to be used as an event venue. The applicant is also proposing to create a 1-2 acre pond with a peninsula to serve as a place to hold wedding ceremonies. SURROUNDING LAND USES: Detached residential structures and Cypress Chapel Christian Church zoned A, North - Agricultural zoning district. South - Open fields zoned A, Agricultural zoning district. East - Open fields zoned A, Agricultural zoning district. Forested land and detached residential structures zoned A, Agricultural zoning West - district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located outside of the designated growth areas, Rural Agricultural Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located outside of the Chesapeake Bay Preservation Area Overlay District. 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 January 11, 2019. CASE HISTORY: The property was created in 2007 as part of a minor subdivision that included three lots. Planning Commission January 15, 2019 CUP2018-016 Page 2 of 6 STAFF ANALYSIS ISSUE The applicant proposes to build a 6,000 square foot barn, with an 18 foot veranda to be used for an event venue. The event venue is proposed to host events such as wedding receptions, retirement parties, etc., multiple times a week. The barn will have a foyer with a bar area, and an upstairs mezzanine that will be used as a bridal suite. The applicant is also proposing to create a 1-2 acre pond with a peninsula to serve as a place to hold wedding ceremonies. The requested hours of operation for the event venue are Monday and Friday, 10 am - 5 pm, and Tuesday and Wednesday, 10 am – 7 pm. Weekend hours will be from 10 am - 11 pm. All events are proposed to be done by 11 pm and all guests off property by 12 am. The applicant has indicated that food would not be provided, but a preparation area would be available for caterers. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a public assembly use not otherwise enumerated within the A, Agricultural zoning district. 2. There is no City water or sewer within the area of the proposed development. Water and sewer service will need to be provided by a private well and septic system. Permitting for the well and septic system will need to be done through the Virginia Department of Health. Based on the information provided, the Department of Public Utilities has no objections to this Conditional Use Permit Request. 3. No food preparation is proposed for this facility; however, if food preparation is to occur in the future, the proper permits will need to be obtained from the Health Department. 4. The Department of Public Works, Engineering Division, advises that use of proposed stormwater BMPs for purposes other than stormwater treatment may or may not be compatible with the event venue’s needs. This may include the use of fountains as well as requirements for adequate side slopes and safety benches. 5. The Department of Public Works, Traffic Engineering Division, has approved the submitted TIA for the proposed use. A VDOT standard commercial entrance with taper will be required to provide access from White Marsh Road in accordance with the approved TIA. The parking requirement for public assembly is 1 space per 50 square feet of gross floor area (if no permanent seats), which can be provided on site. 6. The applicant proposes a maximum occupancy of 225 people; however, this will be determined by the Suffolk Building Official and Fire Marshall. 7. 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 Planning Commission January 15, 2019 CUP2018-016 Page 3 of 6 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 is permitted only with the approval of a Conditional Use Permit in the Agricultural zoning district per the City’s Unified Development Ordinance. All requirements as set forth in Articles 6 and 7 of the Unified Development Ordinance must be met. Site plan review and approval will be required before commencement of the use. 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 surrounding area consists of a church and cemetery, agricultural fields, forest, and a single family home to the north. The proposed event venue is a 6,000 square foot barn with a 1-2 acre pond and is located near the middle of the parcel. This use should not have adverse impacts on people who live or work in the surrounding neighborhood. 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. The Department of Public Works, Traffic Engineering, has approved the submitted TIA for the proposed use. A VDOT standard commercial entrance with taper will be required to provide access from White Marsh Road in accordance with the approved TIA. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The applicant is required to abide by all city regulations pertaining to sound control Planning Commission January 15, 2019 CUP2018-016 Page 4 of 6 and noise. No vibration, odor, smoke, or gas is anticipated to be generated. Hours of operation are proposed to limit impacts from noise. 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 subject property is located along White Marsh Road. Entertainment-oriented uses, such as the proposed event venue, should not be injurious to the enjoyment of surrounding residential uses when the right set of conditions are established. Due to the proximity to residential uses, it is recommended that the operating hours cease at 11 p.m. on weekdays and midnight on Friday and Saturday evenings, which is consistent with previous recommendations for similar uses. The applicant’s request for operating hours is consistent with the recommendation and therefore is recommended for approval. Additionally, to protect the use, enjoyment, and values of neighboring property, the City has adopted Performance Standards in Section 31-608 of the Unified Development Ordinance that the applicant must abide by. 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 proposed event venue should not impede the orderly development and improvement of the surrounding area. 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. Staff has attached conditions to limit any potential negative effects that may result from this type of use, and the applicant must comply with all ordinances regarding noise. These conditions will help to ensure that public health, safety, morals, and welfare are not endangered. 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 the event venue in this location. The individual interests of persons within the neighborhood should not be adversely affected by the proposed use. RECOMMENDATION Staff finds that the proposed use meets criteria for Conditional Use Permits set forth in Section 31-306 of the Unified Development Ordinance, and that the use would not negatively impact the surrounding area. Furthermore, the proposed use is appropriate for the Rural Agricultural Use Planning Commission January 15, 2019 CUP2018-016 Page 5 of 6 District, being that it is located outside of the Growth Areas. Accordingly, staff recommends approval of CUP2018-016 with the conditions as noted in the attached resolution and ordinance: 1. This Conditional Use Permit is granted to establish a public assembly not otherwise enumerated, at 4251 White Marsh Road, Zoning Map 66, Parcel 48E, as shown on Exhibit “B”, “Property Map.” 2. The maximum occupancy shall be established by the Building Official and Fire Department. 3. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 4. A VDOT standard commercial entrance with taper will be required to provide access from White Marsh Road in accordance with the approved TIA. 5. Water and sewer service will need to be provided by a private well and septic system. Permitting for the well and septic system will need to be done through the Virginia Department of Health. 6. If food preparation is to occur on-site, Health Department approval is required. 7. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Common wealth of Virginia. 8. The applicant shall be responsible for all activities conducted at the facility including the consumption of alcoholic beverages under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control. 9. Adult events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved security officers. 10. A bar, night club or any type of restaurant as defined by the UDO or a “public dance hall” as defined in the Code of the City of Suffolk shall not be permitted to operate at this location at any time. 11. The facility’s operating hours shall be limited to 9:00 a.m. - 11:00 p.m. Sundays through Thursdays and 9:00 a.m. - 12:00 a.m. on Fridays and Saturdays. 12. The business unit number shall be easily visible to emergency units. 13. Interior and exterior lighting shall be provided at entrance/exit points. 14. An alarm system shall be provided by a licensed alarm company with a central monitoring system. Both audible and strobe alarms are recommended with the audio to be heard outside the building. Heat, motion and glass breakage sensors are also Planning Commission January 15, 2019 CUP2018-016 Page 6 of 6 recommended. Advertise presence of alarm system to deter break-ins. 15. Digital video surveillance shall be provided at front and rear entrance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. 16. Any event where there is an admission fee shall be prohibited. 17. No events are permitted to be open to the public without proper permits and/or a change in zoning. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Conceptual Layout  GENERAL LOCATION MAP CUP2018-016 Legend MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL VILLAGE Subject Property Location s ! ( Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap contributors, and the GIS user community User Name: bsmith Date: 12/6/2018  ZONING / LAND USE MAP CUP2018-016 CYPR ESS C HAP E L RD CA RO L IN AR A D 66*48E WHITE H MA RS RD User Name: bsmith Date: 12/3/2018 s 4251 White Marsh Road NARRATIVE DESCRIPTION OF PROPOSED USE OF PROPERTY Our vision is to bring people together to celebrate the special life milestones (weddings, anniversaries, retirements, milestone birthdays and other social events) in people’s lives. We will also have non-profit and corporate opportunities to meet and celebrate in an off-site venue that is tranquil and away from the hustle and bustle of city life. We hope that our venue will be used for community events as well. The team behind this proposal is local, with deep experience in event management, hospitality, food and beverage, and design. Our design and construction team have successfully delivered multiple high quality venues of this type, on rural sites like this. Working together, we have developed this concept by studying successful examples in Virginia and across the U.S. A tree lined drive and wildflower meadow, will lead to a 6,000 sq. ft. gorgeous equestrian style “barn”, with an 18’ veranda, overlooking a 1-2 acre pond. Guests will enter the venue into a foyer with an elegant bar area and upstairs in the Mezzanine, will be a luxury bridal suite with a balcony and other amenities to make getting ready a relaxing process. The venue will also have a preparation area for caterers and storage, as well as a few other signature and unique elements to its décor. There will be a 2,000 sq. ft. peninsula within the pond, for couples to have their wedding ceremony, if desired. The ceremony area will be flanked by a fountain on each side and have multiple Willow Trees around the pond. What guests will see as they pull up, is an absolutely beautifully landscaped property, lined on the left with a fruit orchard, a wildflower field to the right and potentially a small “vineyard” mainly for photos. • Flexible seating to accommodate 225 people inside the venue. Average weddings are approximately 125 people. Corporate and non-profit events could be larger. The Great Hall itself for seating is 3,780 sq. ft. Prep Kitchen is 266 sq. ft. (not a full commercial kitchen) Foyer area with a bar is 768 sq. ft. Bridal Suite is 768 sq. ft. • Office Hours of 10am – 5pm. Until 7pm on Tuesdays and Wednesdays. Weekend hours a 12 hour period of 10am-10pm or 11am-11pm. All events must end by 11pm and everyone out of the building by 12am. • We will have a uniformed police officer for every event, in the evenings, and as necessary during other daytime events. • There is currently a large drive on the property all the way to the back. • There is temporary electrical already run, in the rear of the property. • We will have installed a septic tank and field, and a well. • Parking lot to accommodate approx. 105 cars at the minimum. There would be overflow, if needed, in an adjacent grassy area. • Ecofriendly and sustainable initiatives. Parking lot lighting and other exterior lighting to be solar. ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 4251 WHITE MARSH ROAD, ZONING MAP 66, PARCEL 48E; CUP2018-016 WHEREAS, Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers, has requested a Conditional Use Permit for a public assembly not otherwise enumerated, on a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Zoning Map 66, Parcel 48E, 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”, “Conceptual 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 public assembly not otherwise enumerated, 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 public assembly not otherwise enumerated, 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 public assembly not otherwise enumerated, in compliance with Exhibit “C” (the “Conceptual 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 public assembly not otherwise enumerated, at 4251 White Marsh Road, Zoning Map 66, Parcel 48E, as shown on Exhibit “B”, “Property Map.” 2. The maximum occupancy shall be established by the Building Official and Fire Department. 3. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 4. A VDOT standard commercial entrance with taper will be required to provide access from White Marsh Road in accordance with the approved TIA. 5. Water and sewer service will need to be provided by a private well and septic system. Permitting for the well and septic system will need to be done through the Virginia Department of Health. 6. If food preparation is to occur on-site, Health Department approval is required. 7. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Common wealth of Virginia. 8. The applicant shall be responsible for all activities conducted at the facility including the  consumption of alcoholic beverages under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control. 9. Adult events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved security officers. 10. A bar, night club or any type of restaurant as defined by the UDO or a “public dance hall” as defined in the Code of the City of Suffolk shall not be permitted to operate at this location at any time. 11. The facility’s operating hours shall be limited to 9:00 a.m. - 11:00 p.m. Sundays through Thursdays and 9:00 a.m. - 12:00 a.m. on Fridays and Saturdays. 12. The business unit number shall be easily visible to emergency units. 13. Interior and exterior lighting shall be provided at entrance/exit points. 14. An alarm system shall be provided by a licensed alarm company with a central monitoring system. Both audible and strobe alarms are recommended with the audio to be heard outside the building. Heat, motion and glass breakage sensors are also recommended. Advertise presence of alarm system to deter break-ins. 15. Digital video surveillance shall be provided at front and rear entrance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. 16. Any event where there is an admission fee shall be prohibited. 17. No events are permitted to be open to the public without proper permits and/or a change in zoning. 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 Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers, 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 Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers, 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. 19-01-03 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2018-016 TO ESTABLISH A PUBLIC ASSEMBLY NOT OTHERWISE ENUMERATED, ON PROPERTY LOCATED AT 4251 WHITE MARSH ROAD, ZONING MAP 66, PARCEL 48E WHEREAS, Mark D. Thompson and Veronica D. Thompson, applicants and contract purchasers, has 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 public assembly not otherwise enumerated, 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, CUP2018-016, 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 CUP2018-016 CONDITIONS 1. This Conditional Use Permit is granted to establish a public assembly not otherwise enumerated, at 4251 White Marsh Road, Zoning Map 66, Parcel 48E, as shown on Exhibit “B”, “Property Map.” 2. The maximum occupancy shall be established by the Building Official and Fire Department. 3. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 4. A VDOT standard commercial entrance with taper will be required to provide access from White Marsh Road in accordance with the approved TIA. 5. Water and sewer service will need to be provided by a private well and septic system. Permitting for the well and septic system will need to be done through the Virginia Department of Health. 6. If food preparation is to occur on-site, Health Department approval is required. 7. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Common wealth of Virginia. 8. The applicant shall be responsible for all activities conducted at the facility including the consumption of alcoholic beverages under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control. 9. Adult events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved security officers. 10. A bar, night club or any type of restaurant as defined by the UDO or a “public dance hall” as defined in the Code of the City of Suffolk shall not be permitted to operate at this location at any time. 11. The facility’s operating hours shall be limited to 9:00 a.m. - 11:00 p.m. Sundays through Thursdays and 9:00 a.m. - 12:00 a.m. on Fridays and Saturdays. 12. The business unit number shall be easily visible to emergency units. 13. Interior and exterior lighting shall be provided at entrance/exit points. 14. An alarm system shall be provided by a licensed alarm company with a central monitoring system. Both audible and strobe alarms are recommended with the audio to be  heard outside the building. Heat, motion and glass breakage sensors are also recommended. Advertise presence of alarm system to deter break-ins. 15. Digital video surveillance shall be provided at front and rear entrance/exits, the interior and the exterior parking lot. The video shall be accessible by employees on-site and must be approved by the Police Department. 16. Any event where there is an admission fee shall be prohibited. 17. No events are permitted to be open to the public without proper permits and/or a change in zoning.  EXHIBIT B PROPERTY MAP CUP2018-016 RD SH MA R TE HI W CYPR ESS C HAP E CLA L RD YH ILL RD CA 66*48E RO L IN AR D User Name: bsmith Date: 12/6/2018 s  EXHIBIT C CUP2018-016 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF December 19, 2018 A. REZONING REQUEST, RZN2018-012, (Conditional), Smith Farm Enterprises (formerly Jolliff Landing West): to change the zoning from M-1, Light Industrial zoning Approved district, to RM, Residential Medium Density zoning district, for a portion of the property w/proffers located at Shoulders Hill Road and extending to the City of Chesapeake corporate limits, Zoning Map 20, Parcel 12. Approved B. CONDITIONAL USE PERMIT REQUEST, CUP2018-008, Parker Propane: to grant a w/conditions Conditional Use Permit to expand the size of a previously established Fuel Sales (not including Gasoline Service Stations), on property located at 123 Pioneer Road, Zoning Map 41, Parcel 15H. Approved C. CONDITIONAL USE PERMIT REQUEST, CUP2018-009, Nursing Education and w/conditions Study Center: to grant a Conditional Use Permit to establish a School, Business or Trade (Nursing Education and Study Center), on property located at 5911 Harbour View Boulevard, Suite #210, Zoning Map 6, Parcel 3*2*14A*1. D. ORDINANCE TEXT AMENDMENT, OTA2018-011, initiated by the Suffolk Planning Approved Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 3, Section 31-302(g), Certificate of Occupancy. 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. E. ORDINANCE TEXT AMENDMENT, OTA2018-012, initiated by the Suffolk Planning Approved Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Section 31-604, Lighting and Section 31-615, Water Quality Stream Buffers and Article 7, Section 701, Accessory Uses and Structures and Section 31-713, Retirement Village. 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. THIS PAGE WAS INTENTIONALLY LEFT BLANK