Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR FEBRUARY 19, 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, FEBRUARY 15, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION February 19, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Family Transfer Subdivision Plats: A. FAMILY TRANSFER SUBDIVISION PLAT FTR2018-003, submitted by Whitney Saunders, Saunders and Ojeda, PC, agent, on behalf of James and Julie Darden, property owners, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 3, Parcel 5D*2, Chuckatuck Voting Borough, zoned RE, Rural Estate Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agriculture Use District. B. FAMILY TRANSFER SUBDIVISION PLAT FTR2018-011, submitted by Whitney Saunders, Saunders and Ojeda, PC, agent, on behalf of Daniel and Sharon Nero, property owners, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 9, Parcel 83A*2, Chuckatuck Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agriculture Use District. 4. Public Hearings: A. REZONING REQUEST, RZN2018-007, (Conditional), Towne Creek: to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district and RLM, Residential Low-Medium Density zoning district, to RU, Residential Urban zoning district, for property located at 1407, 1419 and 1427 Holland Road, Zoning Map 33, Parcels 66, 66C and 66D. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RLM, Residential Low-Medium Density zoning district and 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. Page 1  B. CONDITIONAL USE PERMIT REQUEST, CUP2018-017, Pinner House Bed and Breakfast: to grant a Conditional Use Permit to establish a Bed and Breakfast, on property located at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-001, Copeland Road Substation: to grant a Conditional Use Permit to establish a Utilities, Electric Transformer Station, on property located at 400 Copeland Road, Zoning Map 42, Parcel 52. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned 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. Status Report – City Council Meeting, January 16, 2019 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION January 15, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, January 15, 2019, 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 Grace Heagy, Planner I Johnnie Edwards Catina Myrick, Administrative Analyst The meeting was called to order by Chairman Benton and Commissioner Creekmore 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: PRELIMINARY SUBDIVISION PLAT REQUEST, PSB2018-004, Bennett’s Creek Quarter: submitted by Jeffrey P. Huentelman, P.E., Land Planning Solutions, 1 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. The first item of business was introduced by the Chairman followed by a staff report by Nicole Ward, Current Planning Manager. Ms. Ward stated that this request is to approve a Preliminary Subdivision Plat to create a conventional subdivision with 50 single family lots and 3 parcels for future residential developments. The proposed residential subdivision, which is allowed by-right is proposed to be constructed in two phases. The first phase will contain 3 parcels for multi-family residential developments and the second phase will include 50 single family lots. As a part of this request, the applicant submitted a concept plan which provided the general layout for this proposed subdivision. The conventional subdivision portion of the development provides open space parcels with a total of 1.20 acres of active open space and 1.67 acres of passive open space. The development will connect to both City water and sewer. City water is available to the site by means of two 8” water mains that exist near the project site; one along Richard Bennett Parkway and one along Laycock Lane. City sewer is available for connection along Richard Bennett Pkwy via an 8” gravity sewer main. This 2 property is also located in the CBPA Overlay District with a Resource Management Area designation. The submitted preliminary plan shows a BMP as the primary stormwater management device. Further design of these BMP will be reviewed by Public Works through the engineering plan review process. 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. Based on the guidance provided by the UDO and the analysis and findings-of-fact set forth in the staff report, staff recommended approval of this application with the conditions. Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. 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. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Principal Planner. Mr. Wyne stated that this application is a request to establish a Child Day Care. The applicant proposed a total enrollment of up to 87 3 children with ages ranging from newborns to 12 years old. The applicant also proposed to employ up to 16 full and part time staff members to provide 24 hour care for the proposed enrollment. The applicant proposed to utilize a 2,700 square foot fenced in green space on the Holladay Street frontage as an outdoor play area. As proposed, the applicant plans to provide 21 spaces: 10 in an existing paved parking area located on Holladay Street, nine in a proposed parking area which will also be accessed from Holladay Street, and two in an existing driveway accessed from Finney Avenue. This site is currently served by public water and sewer. The applicant indicated that food preparation will be conducted on the property and will ensure meeting the necessary Health Department requirements for food handlers permits. In accordance with the UDO, outdoor play activities on the premises shall be limited to the hours between 8:00 a.m. and 6:00 p.m. if the fenced play area is within one-hundred feet of any occupied residence, and in this case there are several existing residential uses in close proximity to the property. Staff analyzed the criteria as set forth in the UDO and determined that the site in question is appropriate for the proposed use given the existing available infrastructure and its location in an established urban neighborhood and the use will not adversely impact the surrounding neighborhood. Therefore, staff recommended approval of this application with the conditions noted in the staff report. 4 The public hearing was opened and speaking in favor of this application was Javon Smallwood, 400 Finney Avenue, Suffolk, VA. He asked for the Commission’s approval of this request. 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 Edwards and passed by a recorded vote of 8 to 0. 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 A, Agricultural zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture 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 applicant proposed to build a 6,000 sq. ft. barn, with an 18 foot veranda to be used as an event venue. The event venue is proposed to host events such as wedding receptions and retirement parties. The venue is proposed to hold up to 225 guests. The use requires a minimum of 1 space per 50 square feet of gross floor area, which can be provided on site. The Department of Public Works, Traffic Engineering, had no concerns with parking and approved the submitted TIA for the proposed use; a VDOT standard commercial entrance with taper 5 is required in accordance with the approved TIA. Hours of operation are proposed to limit potential impacts related to noise. It was recommended that operations cease at 11 p.m. on weekdays and midnight on Friday and Saturday evenings, which is consistent with previous recommendations for similar Public Assembly uses. The applicant is required to abide by all city regulations pertaining to sound control and noise. No vibration, odor, smoke, or gas is anticipated to be generated. Staff found that the proposed use meets the criteria in the UDO, and that the use would not negatively impact the surrounding area. Accordingly, 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 Veronica Thompson, 525 Track Crossing, Chesapeake, VA – she advised that Conditions #16 and #17 will be a detriment to their business. Condition #16 will deter them from having fundraising events and Condition #17 will deter them from having bridal shows and other events that will be open to the public. Speaking in favor of this application was Christopher Rice, 4965 Deerpath Road, Suffolk, VA. He stated that this venue will be an asset to the community. Speaking in opposition was Kenneth Payne, 4298 White Marsh Road, Suffolk, VA – he expressed his concerns about the traffic and value of his property. 6 Also, speaking in opposition was Steven Daigle, 4300 White Marsh Road, Suffolk, VA – he expressed his concerns as it relates to noise, traffic and property value. Also, speaking in opposition was Caleb Hannah, 3648 Carolina Road, Suffolk, VA – he also expressed his concerns about the noise levels, property values and traffic. Also, speaking in opposition was Brandon Simpson, adjacent property owner. Also, speaking in opposition was Roger Williams, Trustee of Cypress Chapel Church, 4470 Deer Forest Road, Suffolk, VA – he is concerned about the noise level. Speaking in rebuttal was Veronica Thompson – she advised that the traffic will be minimal and she does not believe the noise will be an impact. She also stated that the traffic study noted that no turn lane will be required for the site. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote of 7 to 1. 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. 7 Commissioner Hicks made a motion to approve the proposed CIP and forward it to City Council, seconded by Commissioner Eberwine and passed by a voice vote of 8 to 0. STATUS REPORT: Mr. Hainley reported on the results of the December 19th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 8  MT: Singleton MT: Hicks MT: Singleton MT: Hicks PLANNING COMMISSION 2ND: Hicks 2ND: Edwards 2ND: Creekmore 2ND: Eberwine MEETING TO: Approve TO: Approve TO: Approve TO: Approve January 15, 2019 w/conditions w/conditions w/conditions VOTE: 8-0 VOTE: 8-0 VOTE: 7-1 VOTE: 8-0 PSB2018-004 CUP2018-014 CUP2018-016 CIP FY 2020-2029 PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Creekmore, Oliver X X X X X Eberwine, Kittrell X X X X X Edwards, Johnnie X X X X X Hicks, Anita X X X X X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK 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 CUP2018-017, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a bed and breakfast including receptions, private parties, and/or similar activities. APPLICANT: Submitted by Allyn and Kristen Brown, applicants and property owners. LOCATION: The affected property is located at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154. PRESENT ZONING: RM, Residential Medium zoning district, and HC, Historic Conservation Overlay district. EXISTING LAND USE: The subject parcel has an approximate area of 1.25 acres. This parcel features a 3 story residential home with a detached two story framed garage where a photography business currently resides. Two sheds are located on the western portion of the property, along with a small framed building with a covered porch to the north, and a winery stage to the east. PROPOSED LAND USE: The applicant proposes to use the existing house as a bed and breakfast with a total of two (2) guest rooms. In addition to the bed and breakfast, the applicant proposes to allow guests to use the property for receptions, private parties, and/or similar activities for up to 40 guests. SURROUNDING LAND USES: Detached residential structures and Finney Avenue zoned RM, Residential North - Medium zoning district, and HC, Historic Conservation Overlay district. Detached residential structures zoned RM, Residential Medium zoning district, South - and HC, Historic Conservation Overlay district. Detached residential structures and Pinner Street zoned RM, Residential East - Medium zoning district, and HC, Historic Conservation Overlay district. Detached residential structures and Oakdale Terrace zoned RM, Residential West - Medium zoning district, and HC, Historic Conservation Overlay district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the central growth area, Mixed Use Core Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Area Overlay District, and is designated as a Resource Management Area. 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 February 15, 2019. Planning Commission February 19, 2019 CUP2018-017 Page 2 of 7 CASE HISTORY: The historic Pinner House was originally built by John F. Pinner circa 1895, and was extensively remodeled in the 1920s. One garage is noted on the property by the 1987 nomination form, and several outbuildings of unknown date now exist on the property. The property received a Certificate of Appropriateness in 2017 to allow for an additional driveway to extend to Oakdale Terrace. The driveway has not been completed at this time. STAFF ANALYSIS ISSUE The applicant proposes to use the existing house as a bed and breakfast. The bed and breakfast is proposed to have a total of two suites, with en suite bathrooms, to be available for rent. The applicant is also proposing to allow the bed and breakfast guests to use the property for intimate gatherings, for up to 40 people, such as small weddings, rehearsal dinners, family reunions, and holiday celebrations. No improvements onsite are proposed. The applicant proposes to utilize the existing parking onsite that consists of ten total parking spaces, and onstreet public parking along Finney Avenue to be utilized by the guests of the bed and breakfast including receptions, private parties, and/or similar activities. There are currently two driveways, one extending to Pinner Street and the other extending to Finny Avenue. The property owners will continue to reside in the main residence. In accordance with Section 31-406 of the UDO, public assembly uses are not permitted in the RM, Residential Medium zoning district; however, receptions, private parties, and/or similar activities are permitted as an accessory use to a bed and breakfast if it is expressly approved as part of the Conditional Use Permit. The applicant intends to utilize the indoor space of the home on the property for receptions, private parties, and/or similar activities. The applicant also intends to offer the outdoor area of the property to be used for weddings and other events. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a bed and breakfast including receptions, private parties, and/or similar activities within the RM, Residential Medium zoning district. 2. Supplemental standards are established in the UDO for a bed and breakfast: (a) Structures shall not be altered in a way that changes its general residential appearance. There are no exterior changes proposed to the property. The property is a contributing historic property to the local historic district; therefore, any future physical changes could not significantly change the character of the structure without approval from the Historic Landmarks Commission. (b) A minimum of one parking space shall be provided for each guest bedroom and two spaces for the owner's portion of the dwelling. Additional parking shall be required if reception or party space is available. If four (4) or more off-street parking spaces are provided, visual screening from adjacent residential uses shall be required. Planning Commission February 19, 2019 CUP2018-017 Page 3 of 7 The off-street parking requirements outlined in the UDO requires a minimum of one space per guest room and two spaces for owner use. The site has 10 existing parking spaces, which are screened by a decorative fence and mature vegetation along the property line. The principal residential use in combination with the two guest rooms of the proposed bed and breakfast will be required to have a minimum of 4 parking spaces, leaving a total of 6 parking spaces onsite. The applicant proposes a maximum occupancy of 40 people for receptions, private parties, and/or similar activities; however, based on the available 6 onsite off-street parking, these activities will be limited to a maximum of 20 guests. (c) One (1) sign shall be permitted, with a size limit of two (2) square feet on roads with a speed limit of thirty (30) miles per hour or less and six (6) square feet on roads with a speed limit greater than thirty (30) miles per hour. Internally illuminated signs are not permitted. Externally illuminated signs shall meet the lighting standards of this Ordinance. Any future sign would be governed by the UDO and the Suffolk Historic District Guidelines. (d) No receptions, private parties or similar activities shall be permitted unless expressly approved as part of the Conditional Use Permit or Site Plan Application. The applicant has requested approval for these activities as part of the Conditional Use Permit application. The main house at 231 Pinner Street is approximately 3,286 square feet and has ample space to accommodate receptions, private parties, and/or similar activities indoors. The property is zoned RM, Residential Medium zoning district, where public assembly uses are not permitted; however, receptions, private parties, and/or similar activities can be permitted as an accessory use to a bed and breakfast if it is expressly approved as part of the Conditional Use Permit. Only registered guests may host gatherings as an accessory use to the bed and breakfast. Since public assembly uses are not permitted in the RM district and adjacent residential properties are located as little as 10 feet from the outbuildings on site, all such activities should be limited to the indoor space within the main house. (e) No long term rental of rooms shall be permitted. The maximum length of stay shall be thirty (30) days. Prohibition of long term rental shall be a condition of approval. (f) All guest rooms shall be located within the principal structure, provided that an accessory unit may be used for guests rooms if less than thirty-five percent (35%) of the total living area of the principal dwelling unit. The use of accessory units for guest rooms shall not be permitted in the RC or RU zoning districts. The proposed guest rooms are to be located in the principal structure. Any future desire to increase the number of guests rooms, whether within the principle structure Planning Commission February 19, 2019 CUP2018-017 Page 4 of 7 or an accessory structure, shall be considered an increase in intensity, and expansion, and as such require a major amendment to any CUP granted for this request. (g) Other than registered guests, no meals shall be served to the general public unless expressly approved as part of the conditional use permit, site plan application, or as part of a temporary use permit. No cooking facilities shall be permitted in the guest rooms. None of the proposed guest rooms have any cooking facilities. The applicant will have to contact the Health Department regarding standards as they may apply to receptions, private parties, and the like. (h) The owner shall reside on the premises or adjacent premises. The owners reside on the premises. 3. The site is currently served by public water and sewer. No changes to the site or building are proposed, and the Department of Public Utilities has no concerns in regard to the Conditional Use Permit request. 4. There is no proposed increase in impervious surface; therefore the Department of Public Works, Engineering Division, has no concerns. 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 is permitted only with the approval of a Conditional Use Permit in the RM, Residential Medium 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. Building Permit 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 Planning Commission February 19, 2019 CUP2018-017 Page 5 of 7 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 use will utilize an existing residential home; and is not expected to change the overall residential appearance. The proposed use of a bed and breakfast is consistent with other uses within the RM, Residential Medium zoning district. Receptions, private parties, and/or similar activities shall be permitted if expressly approved as part of the Conditional Use Permit Application. This use indoors would have little to no impact on the surrounding neighbors. Outdoor use for the receptions, and private parties would introduce greater concern for adverse impacts on people who live or work in the surrounding neighborhood due to the potential for generation of music and noise to diminish enjoyment of the residential properties. 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. There are two driveways on the property, one extending to Pinner Street and the other extending to Finny Avenue. The Department of Public Works, Traffic Engineering, has reviewed the proposed use and has no concerns. 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 and noise. There are residential homes that surround the subject property, as little as 10 feet away, and there is no efficient buffer on the subject property to eliminate or reduce offensive noise from traveling to adjacent properties. Due to the close proximity of residential properties, it is recommended that private parties only be permitted indoors. Hours of operation are also proposed to limit impacts from noise that may be generated from the potential indoor private parties, and/or similar activities. 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 within the Historic Conservation Overlay District. The proposed use of a bed and breakfast shall not diminish or impair property values within the neighborhood because the overall nature or appearance of the main structure will not change, it will remain residential in appearance. Any future exterior improvements to the structures or property shall be approved in a manner consistent with the Historic District Guidelines. Additionally, to protect the use, enjoyment, and Planning Commission February 19, 2019 CUP2018-017 Page 6 of 7 values of neighboring property, the City has adopted Supplemental Standards in Section 31-703 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 bed and breakfast, including indoor receptions, private parties, and/or similar activities, 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 bed and breakfast in this location. The individual interests of persons within the neighborhood should not be adversely affected by the proposed uses under the conditions proposed below. 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 with conditions that would serve to mitigate potential adverse impacts. Furthermore, the proposed use is appropriate for the Mixed Use Core Use District, being that it is located inside of the Central Growth Area. Accordingly, staff recommends approval of CUP2018-017 with the conditions as noted in the attached resolution and ordinance: 1. This Conditional Use Permit is granted to establish a bed and breakfast including receptions, private parties, and/or similar activities, for two (2) guest rooms in the principal structure at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154, as shown on Exhibit “B”, “Property Map.” 2. Receptions, private parties, and/or similar activities are only permitted as an accessory use to the bed and breakfast. Planning Commission February 19, 2019 CUP2018-017 Page 7 of 7 3. Receptions, private parties, and/or similar activities shall be limited to indoor space in the main house on the property. No other portion of the property may be used for events or accommodations under this Conditional Use Permit request. 4. Only guests of the bed and breakfast are permitted to host receptions, private parties, and/or similar activities on the property. 5. Based on the available onsite off-street parking, the maximum occupancy for receptions, private parties, and/or similar activities shall not exceed 20 people. 6. No long term rental of rooms shall be permitted. The maximum length of stay shall be thirty (30) days. 7. No cooking facilities shall be permitted in the guest rooms. Meals will be provided only to registered guests. 8. Ensure the building number is easily visible to emergency units. 9. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia. 10. 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. 11. Adult Events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved by security. 12. The operating hours for indoor receptions, private parties, and/or similar activities shall be Sunday through Thursday from 10:00 a.m. to 10:00 p.m. and Friday through Saturday from 10:00 a.m. to 12:00 a.m. 13. No events open to the public without permit or change in zoning. 14. All exterior improvements, including signage, shall be approved in a manner consistent with the Historic District Guidelines. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Survey  GENERAL LOCATION MAP CUP2018-017 ! ( Subject Property Location s Central Growth Area MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL VILLAGE User Name: bsmith Date: 1/7/2019  ZONING / LAND USE MAP CUP2018-017 CE N TRA L AVE ST HILL B-1 FINN E Y AV E O AK DA LE TE R 34G18(A)*154 RM R ST PINN E T CE S s GR A LAD AY S RM PEA R L ST H OL T User Name: bsmith Date: 1/7/2019 ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A BED AND BREAKFAST INCLUDING RECEPTIONS, PRIVATE PARTIES, AN/OR SIMILAR ACTIVITES, ON PROPERTY LOCATED AT 231 PINNER STREET, ZONING MAP 34G18(A), PARCEL 154; CUP2018-017 WHEREAS, Allyn and Kristen Brown, applicants and property owners, has requested a Conditional Use Permit for a bed and breakfast including receptions, private parties, and/or similar activities, 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 34G18(A), Parcel 154, 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”, “Survey”, 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 bed and breakfast including receptions, private parties, and/or similar activities, 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 bed and breakfast including receptions, private parties, and/or similar activities, 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 bed and breakfast including receptions, private parties, and/or similar activities, in compliance with Exhibit “C” (the “Survey”), 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 bed and breakfast including receptions, private parties, and/or similar activities, for two (2) guest rooms in the principal structure at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154, as shown on Exhibit “B”, “Property Map.” 2. Receptions, private parties, and/or similar activities are only permitted as an accessory use to the bed and breakfast. 3. Receptions, private parties, and/or similar activities shall be limited to indoor space in the main house on the property. No other portion of the property may be used for events or accommodations under this Conditional Use Permit request. 4. Only guests of the bed and breakfast are permitted to host receptions, private parties, and/or similar activities on the property. 5. Based on the available onsite off-street parking, the maximum occupancy for receptions, private parties, and/or similar activities shall not exceed 20 people. 6. No long term rental of rooms shall be permitted. The maximum length of stay shall be thirty (30) days. 7. No cooking facilities shall be permitted in the guest rooms. Meals will be provided only to registered guests. 8. Ensure the building number is easily visible to emergency units. 9. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia. 10. 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. 11. Adult Events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved by security. 12. The operating hours for indoor receptions, private parties, and/or similar activities shall be Sunday through Thursday from 10:00 a.m. to 10:00 p.m. and Friday through Saturday from 10:00 a.m. to 12:00 a.m. 13. No events open to the public without permit or change in zoning. 14. All exterior improvements, including signage, shall be approved in a manner consistent with the Historic District Guidelines. 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 Allyn and Kristen Brown, applicants and property owners, 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 Allyn and Kristen Brown, applicants and property owners, 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. 19-02-04 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2018-017 TO ESTABLISH A BED AND BREAKFAST INCLUDING RECEPTIONS, PRIVATE PARTIES, AND/OR SIMILAR ATIVITIES, ON PROPERTY LOCATED AT 231 PINNER STREET, ZONING MAP 34G18(A), PARCEL 154 WHEREAS, Allyn and Kristen Brown, applicants and property owners, 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 bed and breakfast including receptions, private parties, and/or similar activities, 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 CUP2018-017 CONDITIONS 1. This Conditional Use Permit is granted to establish a bed and breakfast including receptions, private parties, and/or similar activities, for two (2) guest rooms in the principal structure at 231 Pinner Street, Zoning Map 34G18(A), Parcel 154, as shown on Exhibit “B”, “Property Map.” 2. Receptions, private parties, and/or similar activities are only permitted as an accessory use to the bed and breakfast. 3. Receptions, private parties, and/or similar activities shall be limited to indoor space in the main house on the property. No other portion of the property may be used for events or accommodations under this Conditional Use Permit request. 4. Only guests of the bed and breakfast are permitted to host receptions, private parties, and/or similar activities on the property. 5. Based on the available onsite off-street parking, the maximum occupancy for receptions, private parties, and/or similar activities shall not exceed 20 people. 6. No long term rental of rooms shall be permitted. The maximum length of stay shall be thirty (30) days. 7. No cooking facilities shall be permitted in the guest rooms. Meals will be provided only to registered guests. 8. Ensure the building number is easily visible to emergency units. 9. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia. 10. 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. 11. Adult Events that serve alcohol shall require security by Department of Criminal Justice Services (DCJS) registered and approved by security. 12. The operating hours for indoor receptions, private parties, and/or similar activities shall be Sunday through Thursday from 10:00 a.m. to 10:00 p.m. and Friday through Saturday from 10:00 a.m. to 12:00 a.m. 13. No events open to the public without permit or change in zoning. 14. All exterior improvements, including signage, shall be approved in a manner consistent with the Historic District Guidelines.  EXHIBIT B PROPERTY MAP CUP2018-017 CE N TRA ST L AVE HILL FINN E Y AV E R R ST DA L PINN E TE 34G18(A)*154 E OA K s T CE S LAD GR A AY S PEA T R L ST H OL User Name: bsmith Date: 1/7/2019  EXHIBIT C CUP2018-017 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF January 16, 2019 A. CONDITIONAL USE PERMIT REQUEST, CUP2018-010, Suffolk Crazy Vapes: to grant a Conditional Use Permit to establish an indoor amusement, entertainment, and Denied recreation center, on property located at 1008 Portsmouth Boulevard, Units D & E, Zoning Map 35, Parcel 83E*1. B. CONDITIONAL USE PERMIT REQUEST, CUP2018-012, The Children’s Center Expansion: in order to amend the previously approved conditions pertaining to the Approved establishment of a Day Care, Child Day Center, on property located at 300 Executive Court, w/conditions Zoning Map 26, Parcels 35C*1, 35C*2, 35C*3, 35C*3A, 35C*4, and 35C*A. C. CONDITIONAL USE PERMIT REQUEST, CUP2018-015, Community Church International: to grant a Conditional Use Permit to establish a Place of Worship, Large, at Approved least 6,000 square feet in main sanctuary, on property located at 1242 Holland Road, Zoning w/conditions Map 34D, Parcel A. THIS PAGE WAS INTENTIONALLY LEFT BLANK