Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR MAY 21, 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, MAY 17, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION May 21, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearings A. CONDITIONAL USE PERMIT REQUEST, CUP2019-002, Montessori Academy Expansion: submitted by Melissa Venable, Land Planning Solutions, agent, on behalf of Pali Divitotawela, Lanka Educational Corporation, applicant and 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 and School, charter, private, or parochial, on property located at 5805 Harbour View Boulevard, Zoning Map 6, Parcel 3*3A. The purpose of this request is to expand the size and intensity of operation pertaining to the development of Montessori Academy. The affected area is further identified as being located in the Nansemond Voting Borough, zoned B-2, General Commercial zoning district, and SCOD, Special Corridor Overlay District. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Core Support Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-005, Family Day Home, 201 Deanes Station Road: submitted by Bianca Bland, applicant, on behalf of Darren Hall, 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, family day home, 5 to 12 children, on property located at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned RL, Residential Low Density Zoning District. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner Ring Suburban Use District. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-006, Family Day Home, 1013 Raven Hill Road: submitted by Wendy Paulino, applicant, on behalf of Jose M. Paulino, 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, family day home, 5 to 12 children, on property located at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RLM, Residential Low-Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban Use District. Page 1  D. SUBDIVISION VARIANCE REQUEST, SBV2019-001, Brewers Meadow South: submitted by Whitney Saunders, agent, on behalf of Pat Viola, Galberry Corporation, applicant and property owner, in accordance with Sections 31-308 and 31-515 of the Unified Development Ordinance, to grant a variance to the Street Improvement Standards of Section 31-612 of the Unified Development Ordinance in order to grant relief from the maximum cul- de-sac/dead-end street length standards, on property located on Turlington Road at the southeastern terminus of Brians Lane in the Brewers Meadow subdivision, Zoning Map 33, Parcel 71A. The purpose of this request is to grant relief from the specified development standards of the Unified Development Ordinance pertaining to the development Brewers Meadow South subdivision. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RLM, Residential Low Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. 4. Old Business A. REZONING REQUEST, RZN2018-017, (Conditional), Hallstead Reserve: submitted by Melissa Venable, Land Planning Solutions, agent, on behalf of John Napolitano, Napolitano Ventures, LLC, applicant, on behalf of William Walker, Ph.D., property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to RU-12, Residential Urban-12 zoning district, for property located at 2575 and 2665 Pruden Boulevard, Zoning Map 25, Parcels 56 and 56B. 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. 5. New Business A. Status Report – City Council Meeting, April 17, 2019 6. Commissioner’s Comments 7. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION April 16, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, April 16, 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 Anita Hicks Kevin Wyne, Principal Planner Johnnie Edwards Donna Coleman, Zoning Admin. Kittrell Eberwine Connie Blair, Planning Technician Mills Staylor The meeting was called to order by Chairman Benton and Commissioner Hicks 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. PRELIMINARY SUBDIVISION PLAT: PRELIMINARY SUBDIVISION PLAT REQUEST, PSB2019-001, Smith Farm Landing: submitted by Pete A. Kotarides, Joliff Landing LLC, applicant, on behalf of 1 James Boyd, Smith Farm Enterprises, LLC, and David Boyd, Smith Farm Enterprises Two, LLC, property owners, in accordance with Section 31-308 and 31-508 of the Unified Development Ordinance, to approve a Preliminary Subdivision Plat to create 64 single family residential parcels and associated rights-of-way, for a portion of the property located on Shoulders Hill Road and extending to the City of Chesapeake corporate limits, Zoning Map 20, Parcel 12. The affected area is further identified as being located in the Cypress Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, 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 the proposed residential subdivision, which is allowed by-right, will contain 64 single family lots and will be constructed as a conventional subdivision. The applicant submitted a preliminary plat which provided the layout for this proposed subdivision. The subject property is approximately 38 acres and is located within the RM, Residential Medium zoning district. This zoning district requires a minimum lot size of 10,000 square feet, a minimum frontage of 60 feet and a minimum lot width of 80 feet. The subdivision will also include 2.38 acres of active open space and 9.08 acres of passive open space. The two points of access will be from the public street network through the City of Chesapeake. Due to the location the subject property, water and sewer cannot be served by the City of Suffolk. As a result, all water and sewer improvements located in this development will be constructed to the City of Chesapeake standards. A Utility Service Agreement was executed between the City of Suffolk and City of Chesapeake 2 regarding Chesapeake’s delivery of water and sewer service to this development. The submitted preliminary plat showed BMPs as the primary stormwater management device. Further design of these BMPs will be reviewed by Public Works. 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 noted in the staff report. Commissioner Singleton made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a voice vote of 8 to 0. PUBLIC HEARINGS: REZONING REQUEST, RZN2018-017, (Conditional), Hallstead Reserve: submitted by Melissa Venable, Land Planning Solutions, agent, on behalf of John Napolitano, Napolitano Ventures, LLC, applicant, on behalf of William Walker, Ph.D., property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to RU-12, Residential Urban-12 zoning district, for property located at 2575 and 2665 Pruden Boulevard, Zoning Map 25, Parcels 56 and 56B. 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 Kevin Wyne, Principal Planner. Mr. Wyne stated that that this request is to rezone portions of two parcels from B-2, General Commercial zoning district to RU-12 3 Residential Urban -12 zoning district. The property consists of approximately 57 acres of which roughly 48 are proposed for rezoning. The intent of the applicant is to develop the site with multi-family units. However, it is the position of staff that while a maximum number of multi-family units have been proffered by the applicant, this does not limit the applicant from developing the site with other, potentially more impactful housing types. As such, when considering school impacts, staff analyzed the impacts from the conceptualized multi-family development of the site as well as the potential single family detached development of the site. The proposed conceptual plan, which is not proffered, showed a 414 multi-family unit development consisting of a mixture of 312 apartments and 102 four-plex units. As proposed, the property would utilize two (2) access points from Pruden Boulevard and an additional access point from Murphy’s Mill Road. While the developer has not proffered to construct only multi-family units, the applicant has offered to limit the construction of multi-family units to 414 total. City water and sewer are available to the site from Pruden Boulevard. Additionally, a pump station analysis has been conducted and a new pump station and no pump station upgrades are anticipated at this time. A detailed stormwater management design will be provided during the development review phase of the project and compliance with state stormwater regulations will be verified at that time. All retention facilities will require a maintenance agreement. The proposed use is anticipated to generate 144 total 4 AM trips and 175 total PM trips. While the impacts of a by-right commercial use along Pruden Boulevard were not analyzed, it is important to note that the B-2 zoning district does allow for a variety of uses that could potentially generate traffic at a higher rate than the proposed multi-family units proposed for the site by the applicant. Traffic Engineering approved the revised Traffic Impact Assessment and recommended approval of the rezoning request with the conclusions and recommended improvements noted in the TIA. The recommended improvements, as described within the approved TIA, have been proffered by the applicant. As previously stated, staff has analyzed the impacts of single family units on the site as well as the conceptualized multi-family unit development. It is important to understand these impacts as they can vary substantially based on what types of units are constructed. The scenarios analyzed include 414 multi-family units as conceptualized by the applicant and the 440 single family units that could potentially be developed on the property. The 440 unit number is based upon the maximum allowable density in the RU-12 district (12 units per acre) and the developable acreage. In both development scenarios, there is adequate capacity at King’s Fork Middle School and insufficient capacity at Elephant’s Fork Elementary. At King’s Fork High School, capacity exists to serve a 414 unit multi-family development, but not a 440 unit single family development. The 2020-2029 Capital Improvements Program and Plan has money allocated for a new downtown area 5 elementary school and a new high school. Based on the projected costs of these schools per student, the cost to advance capacity at the Elementary School level is $33,125 and $28,000 at the high school level. It was noted that currently under the best case scenario, these schools are projected to be constructed no sooner than five years after the projected buildout of the development proposal. In summary, staff found that this proposal is inconsistent with the provisions of the 2035 Comprehensive Plan and the UDO. Specifically, this request does not sufficiently mitigate impacts at the elementary school or high school level. The applicant voluntarily proffered $20,000.00 per generated student at the elementary school level while the cost to satisfactorily advance capacity is $33,125.00. Additionally, no proffer has been offered to address the potential impacts at the high school level should this project be developed as a 440 unit single family detached neighborhood rather than as the 414 unit multi-family community as presented by the applicant. Furthermore, the development and buildout of the site is projected to outpace the construction of facilities that would offer sufficient capacity at these school levels. As impacts to public facilities will not be fully mitigated, staff recommended denial of this application. The public hearing was opened and speaking in favor of this application was John Napolitano, 1492 S. Independence Blvd., Virginia Beach, VA. 6 Also, speaking in favor of this application was Melissa Venable, Land Planning Solutions, 5857 Harbour View Blvd., Suffolk, VA. Speaking in opposition was Annette McLamb, 600 Murphy’s Mill Road, Suffolk, VA – she expressed her concerns about the traffic from the proposed development. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Rector made a motion to table this application for thirty (30) days in order for staff and the applicant to meet to discuss the discrepancies, seconded by Commissioner Singleton and passed by a recorded vote of 7 to 1. ORDINANCE TEXT AMENDMENT, OTA2019-002, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31- 605, Lot Layout Standards, and Section 31-606, Parking and Loading Standards. 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. The next item of business was introduced by the Chairman followed by a staff report by Donna Coleman, Zoning Administrator. Mrs. Coleman stated that the proposed text amendments are to address and provide detailed clarification to the regulations to update and strengthen the performance and compliance standards of the UDO. In particular the amendments modify the off-street parking standards for residential and industrial (warehousing) development. Based on the considerations noted in the staff 7 report, staff recommended approval of this ordinance text amendment. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Rector made a motion to approve this ordinance text amendment, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. STATUS REPORT: Mr. Hainley reported on the results of the March 20th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 8  MT: Singleton MT: Rector MT: Rector MT: PLANNING COMMISSION 2ND: Creekmore 2ND: Singleton 2ND: Hicks 2ND: MEETING TO: Approve TO: Table for TO: Approve TO: April 16, 2019 w/conditions thirty (30) days VOTE: 8-0 VOTE: 7-1 VOTE: 8-0 VOTE: PSB2019-001 RZN2018-017 OTA2019-002 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 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2019-005, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to establish a day care, family day home, 5 to 12 children. APPLICANT: Submitted by Bianca Bland, applicant, on behalf of Darren Hall, property owner. LOCATION: The affected property is located at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5. PRESENT ZONING: RL, Residential Low zoning district. EXISTING LAND USE: The subject parcel has an approximate area of .36 acres. This parcel features a two story residential home with an attached garage that is currently being used for a family day home for the care of up to 4 children. PROPOSED LAND USE: The applicant proposes to use the existing house as a family day home to allow for the care of up to 12 children. SURROUNDING LAND USES: North - Detached residential structures zoned RL, Residential Low zoning district. South - Detached residential structures zoned RR, Rural Residential zoning district. East - Detached residential structures zoned RL, Residential Low zoning district. West - Detached residential structures zoned RL, Residential Low zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Northern Growth Area, Inner Ring Suburban 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 May 17, 2019. CASE HISTORY: The residential home received a license through the Virginia Department of Social Services for a family day home to allow for the care of up to 4 children, the license is still active. In 2005 the property obtained a building permit to construct a 6 foot privacy fence around the backyard of the home. Planning Commission May 21, 2019 CUP2019-005 Page 2 of 6 STAFF ANALYSIS ISSUE The applicant proposes to expand the current family day home to provide care for up to 12 children. The home currently is a licensed family day home provider for up to 4 children through the Virginia Department of Social Services. The residential home is 2,322 square feet with 4 bedrooms and 2.5 baths. The age range of the children that are cared for is 6 weeks to 12 years old. The applicant currently has no employees but is planning on hiring one employee to help with the care of the children. The current hours of operation are 6:00 am – 6:00 pm Monday through Friday and are proposed to stay the same. Drop off hours for the family day home are between 6:00 am to 10:00 am and pick up hours are throughout the day. The applicant proposes to utilize primarily the entryway space and the two front rooms on either side of the entryway, and a portion of the living room for the day care. The day care will utilize 600 square feet of the home’s 2,322 square feet, and will be located on the first floor. There is currently a 4 car driveway, a two car garage, and available on-street parking. The home has a fenced in back yard that is approximately 5,200 square feet. No improvements onsite are proposed. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a day care, family day home, 5 to 12 children within the RL, Residential Low zoning district. 2. Supplemental standards are established in the UDO for a family day home, 5 to 12 children: (a) Each family day home shall be located within a single-family detached structure. The family day home is currently located within a single-family detached structure. (b) Hours of operation. Family day homes shall be limited to operation between the hours of 6:00 a.m. to 8:00 p.m. The current hours of operation are 6:00 am – 6:00 pm Monday through Friday and are proposed to stay the same. (c) Indoor Space. Family day homes shall comply with the American Academy of Pediatrics and the American Public health Association recommendation to provide thirty-five (35) square feet of indoor space per child which is free of furniture and equipment, or fifty (50) square feet of space if furniture and equipment are included. The applicant proposes to utilize approximately 600 square feet of home’s 2,322 square feet for the day care, which provides adequate space for the care of up to 12 children at this site. Planning Commission May 21, 2019 CUP2019-005 Page 3 of 6 (d) Fenced play areas. A fenced play area of not less than one thousand (1,000) square feet shall be provided. Such play areas shall be located as to provide maximum peace and tranquility to adjoining residential uses and to protect the safety of the children. Outdoor play activities on the premises shall be conducted within the fenced play area, and such activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m. The home has a 6 foot fence bordering the 5,200 sq. ft. back yard which meets the required minimum 1,000 sq. ft. outdoor play area for a family day home. The privacy fence that borders the outdoor play area acts as a barrier and would help to reduce any noise that may be generated from the proposed use. (e) Traffic. The additional traffic generated by a family day home, excluding trips associated with the dwelling unit, shall not exceed twenty-four (24) vehicle round trips per day. For the purposes of this section, a “vehicle round trip” means one vehicle entering and exiting the site. The proposed use is not expected to exceed 24 vehicle round trips. The Department of Public Works, Traffic Engineering, has reviewed the proposed use and has no concerns. (f) Parking. In addition to the required parking for a residential use, each family day home shall provide a minimum of one (1) parking space plus one (1) parking space for each additional employee. The parking spaces shall be located on-site or on-street where provided by law. On-street parking shall be located no further than two hundred (200) feet from the property The required minimum parking for this site is 4 parking spaces. The property has a driveway that can accommodate 4 cars and an attached 2 car garage. The total on-site parking spaces for this property is 6, and there is availability for on-street parking. There is adequate parking for the residential use and proposed use. 3. A family day home serving 5 through 12 children, exclusive of the provider’s own children, are required to be licensed through the Virginia Department of Social Services. The applicant currently is a licensed family day home through the Virginia Department of Social Services for up to 4 children; however, a separate license will need to be obtained from the Virginia Department of Social Services when 5 or more children are being cared for. The applicant will be hiring one employee to help provide care for the children. The applicant will need to maintain compliance with the child to staff ratio set forth by the Virginia Department of Social Services. 4. The site is currently served by City water and sewer via a 3/4” water meter and sanitary sewer lateral. 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. If there are any future renovations to the interior of the building that would increase water demand, the Department of Public Utilities would evaluate whether the existing water meter is properly sized. Planning Commission May 21, 2019 CUP2019-005 Page 4 of 6 5. The Health department does not regulate a day care with twelve (12) or fewer children as a food establishment. 6. There is no proposed increase in impervious surface; therefore the Department of Public Works, Engineering Division, has no concerns. 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 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 for the care of 5 to 12 children is permitted only with the approval of a Conditional Use Permit in the RL, Residential Low 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. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The proposed use will utilize an existing residential home and will primarily operate indoors. The home has a 6 foot fence bordering the outdoor play area and acts as a barrier and would help to reduce any noise that may be generated from the proposed use. Additionally, the use of the outdoor play area is limited between the hours of 8:00 am and 6:00 pm in accordance with Section 31-701(18)D. This use would have little to no impact on the surrounding neighbors. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. Planning Commission May 21, 2019 CUP2019-005 Page 5 of 6 The driveway and on-street parking will be utilized for parking spaces during drop off and pick up time. The drop off hours for the family day home are between 6:00 am to 10:00 am and pick up hours are throughout the day. The proposed use is not expected to exceed 24 vehicle round trips. The Department of Public Works, Traffic Engineering, has reviewed the proposed use and has no concerns with ingress or egress. 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 is a 6 foot privacy fence that borders the rear yard outdoor play area that acts as a barrier to help reduce any noise from the surrounding residential homes. Hours of operation for the outdoor play area are limited between 8:00 am and 6:00 pm to limit impacts from noise that may be generated from the outdoor play area. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The proposed use of a family day home shall not diminish or impair property values within the neighborhood because the overall nature or appearance of the main structure will remain residential. Additionally, to protect the use, enjoyment, and values of neighboring property, the City has adopted Supplemental Standards in Section 31-701 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 family day home 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. Conditions are attached 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. Planning Commission May 21, 2019 CUP2019-005 Page 6 of 6 The public interest and welfare should not be compromised by the proposed use of the family day home 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. Accordingly, staff recommends approval of CUP2019-005 subject to the following conditions: 1. This Conditional Use Permit is granted to establish a day care, family day home, 5 to 12 children, in the principal structure at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Floor Plan  GENERAL LOCATION MAP CUP2019-005 Subject Property ! ( s Northern Growth Area 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: 4/9/2019  ZONING / LAND USE MAP CUP2019-005 D ER PIN TC H SC BLAC A R CT O RA K OA BE Y SILVER PO FAR MR D K CT PL DEAN ES STATION 12I*1*5 RD BOB W HITE LN N S TL S NE WK HA User Name: bsmith Date: 4/9/2019 s  ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 201 DEANES STATION ROAD, ZONING MAP 12I, PARCEL 1*5; CUP2019-005 WHEREAS, Bianca Bland, applicant, on behalf of Darren Hall, property owner, has requested a Conditional Use Permit for a day care, family day home, 5 to 12 children, 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 12I, Parcel 1*5, 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”, “Floor Plan”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a day care, family day home, 5 to 12 children, 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 day care, family day home, 5 to 12 children, 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 day care, family day home, 5 to 12 children, in compliance with Exhibit “C” (the “Floor Plan”), 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 day care, family day home, 5 to 12 children, in the principal structure at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance. 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 Bianca Bland, applicant, on behalf of Darren Hall, property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met.  (c) The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Bianca Bland, applicant, on behalf of Darren Hall, property owner, or any party undertaking or maintaining such use, of the conditions to which the Conditional Use Permit herein granted is subject. Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: __________________________ TESTE: __________________________ Erika Dawley, City Clerk Approved as to Form: _______________________________________ Helivi L. Holland, City Attorney Exhibit A RESOLUTION NO. 19-05-02 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2019-005 TO ESTABLISH A DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 201 DEANES STATION ROAD, ZONING MAP 12I, PARCEL 1*5 WHEREAS, Bianca Bland, applicant, on behalf of Darren Hall, property owner, 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 day care, family day home, 5 to 12 children, 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, CUP2019-005, be: a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. b) Denied, and that Council not adopt the proposed Ordinance. c) Granted with the modifications set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED:_________________________________ TESTE:________________________________________  CONDITIONAL USE PERMIT CUP2019-005 CONDITIONS 1. This Conditional Use Permit is granted to establish a day care, family day home, 5 to 12 children, in the principal structure at 201 Deanes Station Road, Zoning Map 12I, Parcel 1*5, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance.  EXHIBIT B PROPERTY MAP CUP2019-0005 RA BE Y FAR A R CT MR D SILVER PO PL D ES ST T ATION R HACKBERRY C DEAN 12I*1*5 H ITE LN BOB W s N S TL S NE WK HA User Name: bsmith Date: 4/9/2019  EXHIBIT C CUP2019-005 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2019-006, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance, to establish a day care, family day home, 5 to 12 children. APPLICANT: Submitted by Wendy Paulino, applicant, on behalf of Jose M. Paulino, property owner. LOCATION: The affected property is located at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174. PRESENT ZONING: RLM, Residential Low Medium zoning district. EXISTING LAND USE: The subject parcel has an approximate area of .2 acres. This parcel features a 2 story residential home with an attached garage that is currently being used for a family day home for the care of up to 4 children. PROPOSED LAND USE: The applicant proposes to use the existing house as a family day home to allow for the care of up to 12 children. SURROUNDING LAND USES: Detached residential structures zoned RLM, Residential Low Medium zoning North - district. Detached residential structures zoned RLM, Residential Low Medium zoning South - district. Detached residential structures zoned RLM, Residential Low Medium zoning East - district. Detached residential structures zoned RLM, Residential Low Medium zoning West - district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Inner Ring Suburban 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 May 17, 2019. CASE HISTORY: The property owner, during the construction of the residential home back in Planning Commission May 21, 2019 CUP2019-006 Page 2 of 6 2016, converted the attached garage space into habitable space. The converted garage space received a building permit on May 1, 2019. STAFF ANALYSIS ISSUE The applicant proposes to expand an existing family day home to provide care for up to 12 children. The residential home is 3,016 square feet with 4 bedrooms and 3 baths and is currently providing care for 4 children. Licensing through the Virginia Department of Social Services will be required if the request is approved and care is provided for 5 through 12 children. The current hours of operation are 7:00 am – 5:30 pm Monday through Friday and are proposed to stay the same. The age range of the children that are cared for is 6 weeks to 12 years old. The applicant currently has no employees but will be hiring one full time employee and one part time employee to help care for the children. The applicant proposes to utilize primarily the converted garage space, living room, and kitchen for the day care. The day care will utilize approximately 1,000 square feet of the home’s 3,016 square feet, and will be located on the first floor of the home. There is currently a 4 car driveway and available on-street parking. The home has a fenced in back yard that is approximately 3,700 square feet to be used as the outdoor play area. No improvements onsite are proposed. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a family day home, 5-12 children within the RLM, Residential Low Medium zoning district. 2. Supplemental standards are established in the UDO for a family day home, 5 to 12 children: (a) Each family day home shall be located within a single-family detached structure. The family day home is currently located within a single-family detached structure. (b) Hours of operation. Family day homes shall be limited to operation between the hours of 6:00 a.m. to 8:00 p.m. The current hours of operation are 7:00 am – 5:30 pm Monday through Friday and are proposed to stay the same. (c) Indoor Space. Family day homes shall comply with the American Academy of Pediatrics and the American Public health Association recommendation to provide thirty-five (35) square feet of indoor space per child which is free of furniture and equipment, or fifty (50) square feet of space if furniture and equipment are included. The applicant proposes to utilize approximately 1,000 square feet of home’s 3,016 Planning Commission May 21, 2019 CUP2019-006 Page 3 of 6 square feet for the day care, which provides adequate space for the care of up to 12 children at this site. (d) Fenced play areas. A fenced play area of not less than one thousand (1,000) square feet shall be provided. Such play areas shall be located as to provide maximum peace and tranquility to adjoining residential uses and to protect the safety of the children. Outdoor play activities on the premises shall be conducted within the fenced play area, and such activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m. The home has a 6 foot fence bordering the approximately 3,700 square foot back yard which meets the required minimum 1,000 square foot outdoor play area for a family day home. The privacy fence that borders the outdoor play area acts as a barrier and would help to reduce any noise that may be generated from the proposed use. (e) Traffic. The additional traffic generated by a family day home, excluding trips associated with the dwelling unit, shall not exceed twenty-four (24) vehicle round trips per day. For the purposes of this section, a “vehicle round trip” means one vehicle entering and exiting the site. The proposed use is not expected to exceed 24 vehicle round trips. The Department of Public Works, Traffic Engineering, has reviewed the proposed use and has no concerns. (f) Parking. In addition to the required parking for a residential use, each family day home shall provide a minimum of one (1) parking space plus one (1) parking space for each additional employee. The parking spaces shall be located on-site or on-street where provided by law. On-street parking shall be located no further than two hundred (200) feet from the property In addition to the 2 parking spaces required for the residential use, the proposed use will need 1 parking space for the family day home plus 2 parking spaces for the two employees proposed to be hired. The required minimum parking for this site is 5 parking spaces. The property has a driveway that can accommodate 4 cars and there is availability for on-street parking. There is adequate parking for the residential use and proposed use. 3. A family day home serving 5 through 12 children, exclusive of the provider’s own children, is required to be licensed through the Virginia Department of Social Services. This family day home is not currently licensed through the Virginia Department of Social Services since the home currently only cares for up to 4 children; however, the family day home will need to be licensed once the number of children increases to 5 or more. The applicant will be hiring one full time employee and one part time employee to help provide care for the children. The applicant will need to maintain compliance with the child to staff ratio set forth by the Virginia Department of Social Services. 4. The site is currently served by public water and sewer via a ¾” water meter and sanitary Planning Commission May 21, 2019 CUP2019-006 Page 4 of 6 sewer lateral. 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. 5. The Health department does not regulate a day care with twelve (12) or fewer children as a food establishment. 6. There is no proposed increase in impervious surface; therefore the Department of Public Works, Engineering Division, has no concerns. 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 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 for the care of 5 to 12 children is permitted only with the approval of a Conditional Use Permit in the RLM, Residential Low 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. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The proposed use will utilize an existing residential home and will primarily operate indoors. The home has a 6 foot fence bordering the 3,700 square feet back yard which meets the required minimum 1,000 square feet outdoor play area for a family day home. The privacy fence that borders the outdoor play area acts as a barrier and would help to reduce any noise that may be generated from the proposed use. Additionally, the use of the outdoor play area is recommended to be limited between Planning Commission May 21, 2019 CUP2019-006 Page 5 of 6 the hours of 8:00 am and 6:00 pm. This use would have little to no impact on the surrounding neighbors. 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 driveway and on-street parking will be utilized for parking spaces during drop off and pick up time. The proposed use is not expected to exceed 24 vehicle round trips. The Department of Public Works, Traffic Engineering, has reviewed the proposed use and has no concerns with ingress or egress. 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 is a 6 foot privacy fence that borders the rear yard outdoor play area that acts as a barrier to help reduce any noise from the surrounding residential homes. Hours of operation are also proposed to limit impacts from noise that may be generated from the outdoor play area. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The proposed use of a family day home shall not diminish or impair property values within the neighborhood because the overall nature or appearance of the main structure will remain residential. Additionally, to protect the use, enjoyment, and values of neighboring property, the City has adopted Supplemental Standards in Section 31-701 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 family day home is located within an approved single family subdivision and 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. Conditions are attached 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. Planning Commission May 21, 2019 CUP2019-006 Page 6 of 6 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 family day home 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. Accordingly, staff recommends approval of CUP2019-006 subject to the following conditions: 1. This Conditional Use Permit is granted to establish a day care, family day home, 5 to 12 children, in the principal structure at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174, as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Survey”, and Exhibit “D”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Survey  Exhibit D – Floor Plan  GENERAL LOCATION MAP CUP2019-006 Subject Property ! ( s Central Growth Area MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Esri, HERE, DeLorme, MapmyIndia, © OpenStreetMap VILLAGE contributors, and the GIS user community User Name: bsmith Date: 4/9/2019  ZONING / LAND USE MAP CUP2019-006 E NCE CT INDEPEND MUSKET CIR 26L*174 DR s AP DR G AT NE E RA DG VI RE User Name: bsmith Date: 4/9/2019  ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 1013 RAVEN HILL ROAD, ZONING MAP 26L, PARCEL 174; CUP2019-006 WHEREAS, Wendy Paulino, applicant, on behalf of Jose M. Paulino, property owner, has requested a Conditional Use Permit for a day care, family day home, 5 to 12 children, 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 26L, Parcel 174, and which land is depicted on Exhibit "B", “Property Map”; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", Exhibit "C", "Survey", and Exhibit “D”, “Floor Plan”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a day care, family day home, 5 to 12 children, 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 day care, family day home, 5 to 12 children, 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 day care, family day home, 5 to 12 children, in compliance with Exhibit “C” (the “Survey”), and Exhibit “D” (the “Floor Plan”), 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 day care, family day home, 5 to 12 children, in the principal structure at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174, as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Survey”, and Exhibit “D”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance. 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 Wendy Paulino, applicant, on behalf of Jose M. Paulino, property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met.  (c) The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Wendy Paulino, applicant, on behalf of Jose M. Paulino, property owner, or any party undertaking or maintaining such use, of the conditions to which the Conditional Use Permit herein granted is subject. Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: __________________________ TESTE: __________________________ Erika Dawley, City Clerk Approved as to Form: _______________________________________ Helivi L. Holland, City Attorney Exhibit A RESOLUTION NO. 19-05-03 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2019-006 TO ESTABLISH A DAY CARE, FAMILY DAY HOME, 5 TO 12 CHILDREN, ON PROPERTY LOCATED AT 1013 RAVEN HILL ROAD, ZONING MAP 26L, PARCEL 174 WHEREAS, Wendy Paulino, applicant, on behalf of Jose M. Paulino, property owner, 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 day care, family day home, 5 to 12 children, 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, CUP2019-006, 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 CUP2019-006 CONDITIONS 1. This Conditional Use Permit is granted to establish a day care, family day home, 5 to 12 children, in the principal structure at 1013 Raven Hill Road, Zoning Map 26L, Parcel 174, as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Survey”, and Exhibit “D”, “Floor Plan”. 2. The maximum number of children to be served by this family day home shall be 12 children. 3. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of Suffolk and the Commonwealth of Virginia; this includes but not limited to compliance with the Virginia Department of Social Services and Article 7, Supplemental Use Regulations, Section 31-701, Accessory Uses and Structures of the Unified Development Ordinance.  EXHIBIT B PROPERTY MAP CUP2019-006 RA VI NE G RD LL AP D R HI N RA VE 26L*174 User Name: bsmith Date: 4/9/2019 s  EXHIBIT C CUP2019-006  EXHIBIT D CUP2019-006 THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF April 17, 2019 A. CONDITIONAL USE PERMIT REQUEST, CUP2018-007, Rennee’s Celebration Center: to amend the previously approved conditions pertaining to the establishment of a Tabled for Public Assembly not Otherwise Enumerated (Banquet Hall), on property located at 178 E. thirty (30) days Washington Street, Zoning Map 34G18 (6), Parcel 5. The purpose of this request is to change the approved operating hours. B. CONDITIONAL USE PERMIT REQUEST, CUP2018-017, Pinner House Bed and Breakfast: to grant a Conditional Use Permit to establish a Bed and Breakfast, including Approved receptions, private parties and similar activities on property located at 231 Pinner Street, w/conditions Zoning Map 34G18(A), Parcel 154. C. ORDINANCE TEXT AMENDMENT, OTA2019-001, initiated by the Suffolk Planning Commission to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 3, Procedures, Section 31-302, Ministerial Permits; Article 5, Subdivisions, Section 31-504, Scope and Jurisdiction; Article 6, Design and Improvement Approved Standards, Purpose, Section 31-603, Landscaping Standards, Section 31-612, Street Improvement Standards; Article 7, Supplemental Use Regulations, Section 31-704, Campgrounds; Article 8, Nonconforming Uses, Section 31-801, Intent; Appendix A, Definitions; and Appendix B, Submission Requirements. 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