Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR DECEMBER 17, 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, DECEMBER 13, 2019. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION December 17, 2019 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Public Hearing: A. REZONING REQUEST, RZN2019-007, (Conditional), Foxfield Meadows: submitted by Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Greg Knapp, NVR, Inc., applicant, on behalf of Brian M. Clements, Cloverleaf Development, LLC, property owner, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions, for property located at 1241 Pitchkettle Road, Zoning Map 34, Parcels 24A. The purpose of this request is to change the approved use and density pertaining to the development of Foxfield Meadows. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RU, Residential Urban zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban Use District. B. CONDITIONAL USE PERMIT REQUEST, CUP2019-007, 361 E. Washington Street, Day Care Center: submitted by Shamica Bullock, applicant, on behalf of Kenneth Edmond, 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 361 E. Washington Street, Zoning Map 34G25(A), Parcel B. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. C. CONDITIONAL USE PERMIT REQUEST, CUP2019-017, Banquet Facility: submitted by Pamela Densten, Occasion LLC, applicant, on behalf of Valencia Ballard, Circle of Friends LLC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Public Assembly not Otherwise Enumerated (Banquet Facility), on property located at 127 E. Washington Street, Zoning Map 34G18(A), Parcel 284. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. Page 1 4. Old Business 5. New Business A. Staff Report Presentation on the Proposed Capital Improvements Plan FY 2021-2030 B. Status Report – City Council Meeting, November 20, 2019 C. Status Report - Preliminary Plats Approved - None 6. Commissioner’s Comments 7. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION November 19, 2019 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, November 19, 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 Kevin Wyne, Current Planning Manager Anita Hicks Grace Braziel, Planner I Johnnie Edwards Holly Steele, Planner I Kittrell Eberwine Catina Myrick, Administrative Analyst Mills Staylor The meeting was called to order by Chairman Benton and Commissioner Singleton 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: REZONING REQUEST, RZN2019-009, (Conditional), Hillpoint Multifamily: submitted by Melissa Venable, Land Planning Solutions, agent, on behalf of John P. 1 Wright, Waverton Development, applicant, on behalf of Richard J. Holland, Jr., Farmers Bank of Windsor, VA, and Raymond L. Gottlieb, Suffolk-Hillpoint Associates LLC, property owners, in accordance with Sections 31-304, 31-305 and 31- 404 of the Unified Development Ordinance, to amend the approved Master Plan for the Hillpoint Farms Planned Development by modifying the location of previously approved commercial and high density multi-family land uses. The affected properties are located at 3094 Godwin Boulevard, Zoning Map 26F(1A), Parcel B, and to the north of Hillpoint Boulevard, Zoning Map 26F(1A), Parcel H. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned PD, Planned Development Overlay District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. The first item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Current Planning Manager. Mr. Wyne stated that this request involves an amendment to the adopted Master Plan for the Hillpoint Farms Planned Development. The request involves two separate parcels, identified as parcels B and H on the approved Hillpoint Farms Master Plan. Parcel H consists of approximately 30 developable acres and is designated for use as 394 multi-family units in the approved master plan. Parcel B consists of approximately 23 acres and is designated for commercial/office use in the approved master plan. The applicant proposed to re- allocate 230 of the approved 394 multi-family units from Parcel H to parcel B-1, which would be created from the acreage of parcel B. Parcel B is presently designated for office/commercial in its entirety. No increase in the amount of approved multi-family units is proposed. If approved, the allowance of multifamily units on parcel B (newly created parcel B-1) will increase from no allowance to 230 units while parcel H will 2 drop from 394 units to 164 units. The applicant proposed to construct high density multi-family on the property at a density of approximately 18 units per acre. The current adopted master plan for the Hillpoint Farms Planned Development contains two areas of high density multi-family, Parcels H and D, which were approved for a combined 513 multi-family units total. The new proposal would not increase the total number of proposed multi-family units, but would add approximately 13 acres to area designated as multi-family. Collectively, parcels D and H, and proposed parcel B-1, combine for a total acreage of 52 acres. With 513 multi-family units approved within the Hillpoint Farms Planned Development, the three multi-family areas as proposed would result in a high multi-family density of 10 units per acre, below the 16 units per acre multi-family areas were approved for under the current master plan. As the currently approved Master Plan, 513 high density multi-family units are approved. This proposal does not change this total; however, it proposed relocating 230 of the approved multi-family units from parcel H to parcel B. The Master Plan for the Hillpoint Farms Planned Development was governed by the regulations found within the UDO’s predecessor, the City’s Zoning Ordinance that was published in 1976, which staff reviewed as it relates to this request. With this request not increasing the total amount or density of approved residential units, and reallocating previously approved units within the footprint of the existing Planned Development, staff found 3 that the proposed change complies with the applicable regulations governing Planned Developments as outlined in the City’s 1976 Zoning Ordinance. As impacts to public facilities were considered at the time of original approval, and with no increase in units occurring, a review of adequate public facilities was not needed by this request. The applicant voluntarily proffered conditions in support of this proposed master plan amendment. Staff found that this master plan amendment request for the Hillpoint Farms Planned Development is consistent with the principles of the 2035 Comprehensive Plan and the UDO. Staff recommended approval of this master plan amendment with the submitted proffered conditions. The public hearing was opened and speaking in favor of this application was Melissa Venable, Land Planning Solutions, 5857 Harbour View Blvd., Suffolk, VA. She asked for the Commission’s approval of this request. Also, speaking in favor of this request was John Wright, Waverton Development. There being no speakers in opposition, 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 Hicks and passed by a recorded vote of 7 to 1. STATUS REPORT: Mr. Hainley reported on the results of the October 16th City Council meeting. 4 ADJOURNMENT: There being no further business, the meeting was adjourned. 5  MT: Singleton MT: MT: MT: PLANNING COMMISSION 2ND: Hicks 2ND: 2ND: 2ND: MEETING TO: Approve TO: TO: TO: November 19, 2019 w/conditions VOTE: 7-1 VOTE: VOTE: VOTE: RZN2019-009 PRESENT ABSENT YES NO YES NO YES NO YES NO X X Benton, Howard C. X X Creekmore, Oliver X X Eberwine, Kittrell X X Edwards, Johnnie X X Hicks, Anita X X Rector, John X X Singleton, Arthur X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2019-007 (Conditional), Foxfield Meadows, to request to amend the previously approved proffered conditions to change the approved use and density pertaining to the development of Foxfield Meadows. APPLICANT: Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Greg Knapp, NVR, Inc., applicant, on behalf of Brian M. Clements, Cloverleaf Development, LLC, property owner. LOCATION: The subject property is located at 1241 Pitchkettle Road, and is further identified as Zoning Map 34, Parcel 24A, Holy Neck Voting Borough. PRESENT ZONING: The subject parcel is zoned RU, Residential Urban zoning district. EXISTING LAND USE: The subject property approximately 19.95 acres and is currently vacant land. The property is a part of the Foxfield Meadows subdivision and was previously approved for 114 multi-family units. PROPOSED LAND USE: The applicant is proposing to amend the previously approved proffered conditions to build 88 single family detached units. SURROUNDING LAND USES: North- The Preserve at Lake Meade subdivision zoned RU, Residential Urban, and RR, Rural Residential zoning district. South- Foxfield Meadows subdivision consisting of single family detached homes zoned RLM, Residential Low-Medium zoning district. East- Westhaven Lakes subdivision zoned RL, Residential Low zoning district. West- Route 58 bypass and vacant land zoned CP, Commerce Park zoning district. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as a part of the Central Growth Area, Inner Ring Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA). FLOOD PLAIN: The property falls within Flood Zone X (areas of minimal risk), as shown on Panel 0230E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. CASE HISTORY: The Foxfield Meadows subdivision consists of approximately 73 acres that were rezoned in 2006 from CP, Commerce Park, to RLM, Residential Low Medium, and RU, Residential Urban, zoning for the stated purpose of developing 78 single family detached dwelling units and 114 age Planning Commission December 17, 2019 RZN2019-007 Page 2 of 9 restricted single family attached dwelling units. Foxfield Meadows now consists of two parcels: the 53-acre portion to the south is being developed as a 128-unit single family detached cluster subdivision, while the 20-acre portion to the north is approved for 114 single family attached units. At the time of the original rezoning, an age restriction was proffered for the RU portion of the property but the number of units was not proffered for any part of the development. In 2009, an approved request to amend the 2006 proffers included the 114 attached units in the revised conditions and deleted the previously approved age restriction. At the time of that request, there was a deficit of school capacity at the high school level, thus a payment of $1,944.44 for each RU zoned unit was also added to the approved proffers to advance capacity at that level. In 2013, a request was submitted to remove the condition that the RU land be developed as townhomes, and rather, to permit the development of detached single family homes and add a cash proffer to advance school capacity. This request was later withdrawn. In 2015, a request to amend the proffered conditions pertaining to exterior architectural design and building materials for the single family detached units in Foxfield Meadows was approved. At a minimum, these units must incorporate a crawl space or 18" raised slab with the appearances of a crawl space, contain 2,000 square feet of heated living space, a two car garage, and a mix of brick, stone, masonry, Hardie plank veneer, LP SmartSide, and vinyl accents. 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. A notice, containing a copy of the staff report, was also provided to the applicant on December 13, 2019. STAFF ANALYSIS ISSUE: The applicant is requesting to amend the previously approved proffered conditions for the RU zoned portion of Foxfield Meadows to allow for the development of detached single family dwelling units. As stated above, the subject property contains 19.98 acres and was previously approved for 114 single family attached units, which equates to a density of 5.7 units per acre. The applicant is proposing to decrease the density on the parcel and to build single family detached dwellings instead, which the provided narrative states is fully compatible with the rest of the Foxfield Meadows development to the south. As presented and proffered by the applicant, the development would yield no more than 88 single family detached residential units, which equates to a density of 4.4 units per acre, which is less than what was previously approved and significantly lower than the maximum of 10.9 units per acre permitted in the RU zoning district. The subject property is currently undeveloped and consists mostly of open fields and limited areas of forested land. A number of easements for power lines, water lines, and gas occupy the western side of the property. Surrounding land uses include undeveloped land zoned CP to the north, the Westhaven Lakes subdivision to the east, the Foxfield Meadows cluster subdivision to the south, and the Route 58 Bypass to the west. At the time of the original rezoning, no wetlands were identified on the property and no wetlands impacts were proposed. The conceptual plan Planning Commission December 17, 2019 RZN2019-007 Page 3 of 9 provided with this request, which was prepared by Parrish Layne Design Group and is dated February 21, 2015, now indicates there are 3.11 acres of non-tidal wetlands on the property, of which 0.99 acres are proposed to be disturbed. The proposed conceptual plan, which is not proffered, shows 88 single family detached units arranged along private roads accessed from Foxfield Parkway and two connections to Terrywood Drive, which is part of the Foxfield Meadows subdivision to the south. Six of the units shown on the conceptual plan would be next to or across from the existing cluster subdivision and take direct access from Terrywood Drive. CONSIDERATIONS AND CONCLUSIONS In accordance with Appendix B, Section B-4 of the Unified Development Ordinance, rezoning applications must include a statement of the reasons for seeking an amendment to the zoning maps of the City of Suffolk. Supplemental information provided by the applicant does not address the suitability of the existing zoning and proffered single family attached development, but instead indicates that the reason for this rezoning request is based on the belief that the proposed 88 single family detached unit development would be consistent with existing neighborhoods in the area and that the proposed reduction in density is more fully consistent with the Westhaven Lakes and Foxfield Meadows neighborhoods. 1. Comprehensive Plan The 2035 Comprehensive Plan designates this area as a part of the Central Growth Area, Inner Ring Suburban Use District. The Inner Ring Suburban Use District is the first area moving away from the Mixed Use Core where exclusively residential neighborhoods should be located. Traditional neighborhood developments with a mix of housing types are appropriate in this District, as well as conventional single family developments. Neighborhood design should still be focused on walkable streets and cluster development patterns allowing for the preservation of usable open space are also encouraged. Streets should have on-street parking and sidewalks shaded by street trees. Transitions from higher to lower densities are appropriate and encouraged, particularly in areas with nearby commercial or higher density zoning. The use districts in the 2035 Comprehensive Plan account for decreasing densities moving away from the two core areas, but they also provide densities that are adequate to produce a mix of housing and accommodate projected growth. The previously approved 114-unit single family attached development would result in a development density of 5.7 units per acre. This is generally consistent with the recommended density range of 6 to 12 units per acre within the Inner Ring Suburban Use District. The location of the subject parcel on the outer edge of the Inner Ring Suburban Use District is also consistent with the low end of the range, allowing for an appropriate transition into lower density residential neighborhoods in the adjacent Suburban Use District to the west. The applicant is proposing to amend the previously approved density to construct an 88- unit single family detached development. The proposed residential density for the subject Planning Commission December 17, 2019 RZN2019-007 Page 4 of 9 property will be 4.4 dwelling units per acre, which is not consistent with the recommended density range of 6 to 12 units per acre or with the existing density in the single family detached part of Foxfield Meadows, which is 2.4 units per acre. The Comprehensive Plan sets specific themes and policies related to land use, transportation, open space, and the environment that should be considered when contemplating a rezoning application. Relevant to this application are the following: Policy 2-1: Keep development focused in designated Growth Areas in the City.  Action 2-1A: Ensure that the City’s land use regulations support higher density/intensity development in focused Growth Areas. The subject parcel is located within the Central Growth Area’s Inner Ring Suburban Use District, which is envisioned to accommodate traditional and single family residential land uses with densities of 6 to 12 units per acre. The current RU zoning district allows a maximum density of 10.9 units per acre, which is appropriate to the District. The proposed 88 single family detached development would have a density of 4.4 units per acre, which is inconsistent with both the recommended density for the Use District and for the current zoning district. Policy 2-4: Promote compatibility in land use patterns. While not proffered, the conceptual plan of the proposed residential development indicates that the proposed dwelling units will be located on a single parcel with the majority of them spaced approximately 45 feet on center. The lots in the adjacent cluster portion of the development are a minimum of 5,225 square feet in size with 55 feet of road frontage, thus resulting in houses that are spaced approximately 55 feet on center. The houses in this part of the development are also proffered to have a minimum of 2,000 square feet of heated living space. As part of the original rezoning approval and to address compatibility with existing development, the lots immediately adjacent to the Westhaven Lakes subdivision were required to meet the lot area and dimensional standards of the RL zoning district. Subsequently, the lots along that portion of Terrywood Drive are 30,000 square feet or greater in size. As originally approved, the RU portion of this development was intended for single family attached development that was envisioned to face inward and would not need to match the single family detached development to the south. It also served as a transition between the lower density development to the south and the commercial zoning along Pitchkettle Road. Because this proposal is for the same housing type already in place, it does not provide a natural transition and should match the existing development in design and density. The applicant is proposing not to include any architectural standards or minimum unit sizes as part of this request, although they are requesting the same housing type that already exists in Foxfield Meadows. Thus, the proposal presented does not match the existing housing in size, layout, or spacing. Planning Commission December 17, 2019 RZN2019-007 Page 5 of 9 Policy 5-1: Relate the availability of municipal services and facilities to the location and pace of growth.  Action 5-1B: Continue to tie development approval to the adequacy and funding of public facilities. As discussed in detail below, adequate capacity does not exist to serve the proposed development at the elementary school level and this proposal does not adequately mitigate the anticipated impacts to the school system. A new downtown elementary school with a capacity of 800 students is included in the 2020-2029 Capital Improvements Program and Plan, but funding is not anticipated until the years FY 25-29. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City.  Action 6-1A: Ensure that the City’s land use regulations allow for a variety of housing types, such as single-family detached, single-family attached, and multi- family. The proposed development would reduce the diversity of housing stock in the Inner Ring Suburban District by replacing single family attached housing with single family detached housing, which is already the most common unit type in the City. The approved development would increase the number of townhouses available, which would provide higher density housing and bring better balance and diversity to the City’s housing stock. 2. Unified Development Ordinance The Unified Development Ordinance specifies criteria for the use of RU zoning. The following should be considered when contemplating this rezoning: Sec. 31-403. RELATION OF ZONING DISTRICTS TO COMPREHENSIVE PLAN AND PURPOSE STATEMENTS.  RU (URBAN RESIDENTIAL). RU is a high density district allowing for development consisting of the full spectrum of residential unit types including single family attached and detached dwellings, townhouse, duplex and apartments within specified densities where adequate public facilities and services are available, multi-family buffer zones between commercial/industrial areas and low-density residential uses, and transportation thoroughfares proximate to public services and supportive retail facilities. RU may serve as a transitional district between single family and commercial or office districts in the urbanized areas. This district is intended to allow a mix of residential unit types and densities to provide a balance of housing opportunities while maintaining neighborhood compatibility and is ideally suited for the Inner Ring Suburban Use District. As currently zoned, the RU portion of this site would provide townhouse development that would meet the specified densities and provide a buffer zone between commercial areas and low-density residential uses. As proposed, the change to single family detached Planning Commission December 17, 2019 RZN2019-007 Page 6 of 9 housing at 4.4 units per acre would not meet specified densities or provide a balance of housing opportunities while maintaining neighborhood compatibility. SEC. 31-408. SPECIFIC BASE ZONING DISTRICT CRITERIA.  No application for development approval in the RL, RLM, RM, RC, RU, and RU-12 zoning districts shall be approved unless the proposed use and/or development conforms to the requirements of Articles 4, 6, and 7 of this Ordinance. This site will be required to meet the requirements in Articles 4, 6, and 7 of the UDO. For the RU district, Section 31-602 requires that the massing of buildings be compatible with buildings on adjacent lots and parcels. Massing includes scale, silhouette and shadow, spacing between façades, proportion of openings, location and treatment of entryway, exterior materials used, and landscaping. As a conventional subdivision, this development is required to have a minimum of 2 acres of open space. Section 31-607 requires that 70% of the required open space be classified as active, which would equate to 1.4 acres. The conceptual layout provided but not proffered by the applicant shows only 0.27 acres of open space for this development, which does not meet the minimum standard.  Subdivision plats or site plans may utilize the hamlet use pattern consistent with the requirements of Sections 31-411(e) or 31-411(f). This project is not proposed to be developed as a hamlet nor cluster development.  No subdivision plat shall be approved unless the proposed development is served by the central water system of the City of Suffolk and the central wastewater system of the City of Suffolk, in accordance with Section 31-613 of this Ordinance, and Chapter 90, of the City Code of Suffolk. The applicant has indicated that this project will be served by public water and sewer. 3. Adequate Public Facilities The purpose and intent of the adequate public facilities ordinance is to ensure that public facilities are available to support new development and associated impacts, and that each public facility meets or exceeds the Level of Service standards established by the 2035 Comprehensive Plan and the Unified Development Ordinance. No rezoning request should be approved which would cause a reduction in the levels of service standards for any public facility impacted. Because this request would change the approved use and density on the subject parcel, a new adequate public facilities review is required. Public Water and Sanitary Sewer City water and sewer are available to serve the site. The requested amendment decreases Planning Commission December 17, 2019 RZN2019-007 Page 7 of 9 the density of the project from 114 residential units to 88 residential units, which would result in decreased water and sewer demand. The Department of Public Utilities notes that, in order to provide adequate sewer system capacity downstream for existing and proposed development in this area, the existing downstream City Pump Station (PS) #120 requires certain upgrades. This additional capacity is planned and new developments within this sewer basin will pay the required fee for service at the time of construction. Stormwater Management The proposed reduction in density for this project would most likely result in a decrease in overall imperviousness for the development. The Department of Public Works, Engineering Division, has reviewed the application and had no comments at this time. Transportation A Traffic Impact Analysis was not required as part of this application due to the decrease in density. However, Traffic Engineering noted that the conceptual layout includes direct access from a public street to individual units within a condominium development, which will not be permitted. Access shall be derived from an internal private street only. Schools The parcel included in the request is currently assigned to Elephant’s Fork Elementary School, King’s Fork Middle School, and King’s Fork High School. The proposed development, as proffered, would yield no more than 88 single family lots. In accordance with Section 31-601 of the Unified Development Ordinance, a development consisting of 88 single family detached dwellings will generate 18 elementary school students, 8 middle school students, and 12 high school students. Based on current enrollment figures and the anticipated students to be generated by committed development, there is adequate capacity at both the middle school and high school levels to accommodate the proposed 88 single family detached development. Based on the level of service criteria for elementary schools contained in the UDO, Elephant’s Fork Elementary School currently has a capacity of 498 students. Based on its current enrollment of 568 students, it is over capacity before considering committed development. Consequently, existing facilities at the elementary school level are not adequate to accommodate the proposed development. The adopted 2020-2029 Capital Improvements Program and Plan contains a project to build a new downtown elementary school to relieve overcrowding in the City’s existing elementary schools. The new school is planned with a capacity of 800 students and is projected to cost $26,500,000.00 and is projected for funding in FY25-29. Based on the project cost and capacity of the new downtown elementary school, the cost per student at the new school is $33,125.00. Due to the existing deficit at Elephant’s Fork Elementary School and the ability to advance capacity through an existing construction project identified within the adopted Capital Improvements Program and Plan, the applicant has included a voluntary proffer to partially advance capacity for the additional students that will be generated by this Planning Commission December 17, 2019 RZN2019-007 Page 8 of 9 development at the elementary school level. This proffer states that a cash contribution of $3,887.00 will be made upon the issuance of a certificate of occupancy for each unit constructed. At the proffered maximum of 88 units, this would result in a cash contribution of $19,003.11 per student. This is $14,121.89 less than the calculated cost per student at this level as defined above, or about 57% of the projected cost to mitigate the projected school impacts generated by the proposed development. As such, impacts to the elementary school level are not adequately mitigated and levels of service will not be met. 4. Proffered Conditions There are nine existing proffers approved for Foxfield Meadows that apply to both the RLM and RU parcels at the site. The applicant proposes to amend the proffers as they apply to only RU zoning district as follows:  Delete proffer #2 through proffer #9, which include design standards, improvements already made, and standards for lots and facilities adjacent to Westhaven Lakes.  Retain and amend proffer #1 to address school impacts created from the proposed development as discussed above.  Add new proffer #10 to limit the proposed development to no more than 88 single family detached units. The applicant has voluntarily proffered the following conditions for the RU parcel, Tax Map 34*24A, in support of this rezoning request. 1. The owner/applicant agrees that it shall pay the City of Suffolk the sum of $3,887.00 upon the issuance of a building permit for each of the detached residential homes to be constructed on parcel 34*24A for advancement of the City’s capacity to build an elementary school. 2. The Owner/Applicant agrees that all residential housing units constructed on parcel 34*24 shall be single family detached homes and that no more than 88 single family homes shall be constructed. RECOMMENDATION In summary, staff finds this proposal, Rezoning Request RZN2019-007 (Conditional), to be inconsistent with the provisions of the 2035 Comprehensive Plan and the Unified Development Ordinance. The development already approved for this site offers appropriate density and a natural transition from the existing low to medium density housing to the commercially zoned property on Pitchkettle Road. The proposed amendment would result in development that would not meet recommended densities and would not be compatible with the density, design, or layout of existing housing of the same type in the same development. Moreover, the requested change would require impacts at the elementary school level to be addressed in order to meet adequate public facilities requirements. Adequate public facilities at the elementary school level are not Planning Commission December 17, 2019 RZN2019-007 Page 9 of 9 available at this time to serve the development proposal, and the voluntary proffers provided with this request do not mitigate the projected impacts. Thus, this request does not comply with Article 6, Section 31-601 of the Unified Development Ordinance. Accordingly, staff recommends denial of Rezoning Request RZN2019-007 (Conditional). Attachments  General Location Map  Zoning/Land Use Map  Application Narrative  Conceptual Layout  Proposed Ordinance  Exhibit A - Planning Commission Resolution  Exhibit B – Rezoning Proffers  Exhibit C – Property Map  Exhibit D – Rezoning Exhibit/Survey  GENERAL LOCATION MAP RZN2019-007 ! ( 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: 8/28/2019  ZONING / LAND USE MAP RZN2019-007 DR ME AD E PI TC H KE P TT L E AM RD RT 5 8R P M RA 58 RT 58 RT 58 RT Y PKW 34*24A FOX FIEL D R TT D PICKE G ENERAL User Name: bsmith Date: 8/28/2019 R ESE RVO IR LN Amend Proffers. Zoned RU s ORDINANCE NUMBER _______________ AN ORDINANCE TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR THE FOXFIELD MEADOWS DEVELOPMENT FOR PROPERTY LOCATED AT 1241 PITCHKETTLE ROAD, ZONING MAP 34, PARCEL 24A; RZN2019-007 (CONDITIONAL) WHEREAS, Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Greg Knapp, NVR, Inc., applicant, on behalf of Brian M. Clements, Cloverleaf Development, LLC, property owner, has requested to amend the previously approved proffered conditions to change the approved use and density pertaining to the development of Foxfield Meadows, for property located at 1241 Pitchkettle Road, Zoning Map 34, Parcel 24A, which land is depicted on Exhibit “C”; and, WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on the 15th day of January, 2020, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibit "A", "Planning Commission Recommendation" and Exhibit “B”, “Rezoning Proffers”, Exhibit “C”, “Property Map”, and Exhibit “D” “Rezoning Exhibit”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. A. Council finds that the proposed rezoning is reasonable, and warranted due to a mistake or change in circumstances affecting the property; and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by population and economic  studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources; 9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; and, 13. the expressed purpose of the City’s Unified Development Ordinance (UDO) as set out in Section 31-102 of the UDO, as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended. B. The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 3. Rezoning. A. The conditions proffered in the attached Exhibit “B” be, and they are hereby, accepted, as amended. Section 4. 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 the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified.  READ AND PASSED: _________________________ TESTE: _________________________ Erika S. Dawley, City Clerk Approved as to Form: _____________________________ Helivi L. Holland, City Attorney  EXHIBIT “A” RESOLUTION NO. 19-12-1 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2019-007 (CONDITIONAL) TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR THE FOXFIELD MEADOWS DEVELOPMENT FOR PROPERTY LOCATED AT 1241 PITCHKETTLE ROAD, ZONING MAP 34, PARCEL 24A WHEREAS, Whitney G. Saunders, Saunders & Ojeda P.C., agent, on behalf of Greg Knapp, NVR, Inc., applicant, on behalf of Brian M. Clements, Cloverleaf Development, LLC, property owner, has requested to amend the previously approved proffered conditions to change the approved use and density pertaining to the development of Foxfield Meadows, and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. A. The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to a change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1. the existing use and character of property within the City; 2. the Comprehensive Plan; 3. the suitability of the property for various uses; 4. the trends of growth or change; 5. the current or future requirements of the community as to land for various purposes as determined by population and economic studies and other studies; 6. the transportation requirements of the community; 7. the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services; 8. the conservation of natural resources;  9. the preservation of flood plains; 10. the preservation of agricultural and forestal land; 11. the conservation of properties and their values; 12. the encouragement of the most appropriate use of land throughout the City; 13. the expressed purpose of the City’s Unified Development Ordinances as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended (“Va. Code”). B. The Suffolk Planning Commission makes the following specific findings to the conditions of the rezoning: 1. the proposed rezoning itself gives rise to the need for the proffered conditions; 2. the proffered conditions have a reasonable relationship to the rezoning; and 3. the proffered conditions are in conformity with the 2035 Comprehensive Plan as adopted by City Council on April 1, 2015. Section 2. Recommendation to Council The Planning Commission recommends to City Council that the request, RZN2019-007 (Conditional), be: ___a. Granted as submitted, and 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 PASSED: ________________________________ TESTE: ________________________________ EXHIBIT B  PROPERTY MAP EXHIBIT C RZN2019-007 DR ME AD E PI TC H KE TT P L E AM RD RT 5 8R P M RA 58 RT 58 58 RT RT 34*24A Y PKW FOX FIEL D R TT D B RO PICKE ID DR OKS G ENERAL D E LN OO RY s W C LO TE VER R LE A DR F R ESE RVO IR LN DR COLO DE NE L ME A User Name: bsmith Date: 8/28/2019  EXHIBIT D RZN2019-007 THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2019-007 submitted by Shamica Bullock, applicant, on behalf of Kenneth Edmond, property owner to establish a Day Care, Child Day Center, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance. APPLICANT: Submitted by Shamica Bullock, applicant, on behalf of Kenneth Edmond, property owner. LOCATION: The affected property is located at 361 E. Washington Street, and is further identified as Zoning Map 34G25(A), Parcel B. PRESENT ZONING: CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. EXISTING LAND USE: The property is approximately 0.53 acres and features a 2-story commercial building that is approximately 3,016 sq. ft. The commercial building was built back in the early to mid-1920’s (1920-1926) and is currently vacant. PROPOSED LAND USE: To establish a commercial Child Day Care to allow an enrollment of up to 30 children and 8 staff members. SURROUNDING LAND USES: North- Commercial buildings zoned FRRD, Fairgrounds Revitalization and Redevelopment District zoning district. South- A church and single family homes zoned RM, Residential Medium Density zoning district. East- Warehouses zoned M-2, Heavy Industrial zoning district. West- Commercial buildings and the Tynes Street Playground zoned FRRD, Fairgrounds Revitalization and Redevelopment District zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District and is designated 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. A notice, containing a copy of the staff report, was also provided to the applicant on December 13, 2019. Planning Commission December 17, 2019 CUP2019-007 Page 2 of 6 STAFF ANALYSIS ISSUE The applicant is requesting a Conditional Use Permit to establish a Day Care, Child Day Center within an existing commercial building located at 361 E. Washington Street. The building contains a total of four units in two attached structures: 361, 363, 365, and 367 E. Washington Street. The applicant proposes to utilize only the first floor of #361 for the day care. The proposed hours of operation are 6:00 a.m. – 6:00 p.m., Monday through Friday. Drop off hours are between 6 a.m. – 9 a.m. and pick up is between 3 p.m. to 6 p.m. Currently, the building is vacant; however, it most recently served as retail space. The applicant is requesting to have a total enrollment of up to 30 children with ages ranging from newborns to 4 years old. The proposed day care will include 2 rooms for infants 16 months to 2 years of age, and two classrooms for toddlers 2-4 years in age. The applicant is also proposing to employ up to 8 full and part time staff members to provide care for the proposed enrollment. The first floor, where the proposed day care will be, is approximately 2,152 square feet, the second floor of the building is not proposed to be utilized. The applicant is proposing to use the public Tynes Street Park that is approximately 200 feet away from the subject property as outdoor play area. The park is approximately 37,900 square feet and features a basketball court, green space, and play equipment. Based upon the use’s square footage, a minimum of 7 parking spaces is required. As proposed, the applicant plans to utilize an existing paved parking area located next to the commercial building on the same parcel, which will be accessed from County Street. The building proposed to be used for the day care is part of a larger commercial building located in the Historic Conservation Overlay District. According to the National Register nomination form for the Suffolk Historic District, the subject building was constructed sometime in the 1920s. Buildings constructed before 1978 usually contain hazardous materials such as lead paint and asbestos. Due to concern that hazardous materials are likely to be found in a building of this age, an environmental site assessment was required for this property. 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, Child Day Center, within the CBD, Central Business District zoning district. 2. The applicant is proposing a facility that will operate 6:00 a.m. – 6:00 p.m., Monday through Friday. The applicant is proposing that the center be allowed a total enrollment of 30 children with a staff of up to 8 adults. The applicant will need to maintain compliance with the child to staff ratio set forth by the Virginia Department of Social Services. 3. This site is currently served by public water and sewer. 4. The applicant has not indicated that food preparation will be conducted on the property. If food is offered, the applicant will need to meet the necessary Health Department Planning Commission December 17, 2019 CUP2019-007 Page 3 of 6 requirements for food preparation and handling. 5. The off-street parking requirements outlined in the UDO are a minimum of one space per 375 square feet of gross floor area and a maximum of 1.5 spaces per 375 square feet of gross floor area for a child day care facility. Based on the building area to be utilized by the day care, 7 parking spaces are required to adequately serve the facility. The applicant is proposing to utilize an existing parking lot located on the same property next to the subject property for customers and employees. The parking lot is shared between the Metropolitan Church located just to the south and the commercial buildings where the proposed use will be located. The parking spaces would be utilized by the church primarily on during the weekend and the day care hours of operation are Monday-Friday; therefore, there is no concern with the two different uses sharing the same parking lot. Traffic Engineering did not express any concerns regarding impacts on traffic or site access resulting from the proposed use. 6. No outdoor play area is proposed onsite. Instead, the applicant is proposing to utilize a public park located approximately 200 feet away from the subject building. The park has approximately 37,900 square feet and features a basketball court, green space, and play equipment. It is open from dawn to dusk. As day cares are regulated by the state, the Suffolk Unified Development Ordinance does not require outdoor space for commercial day care facilities. The applicant shall be required to comply with state standards when utilizing outdoor play areas under 22VAC40-185-310. 7. The applicant provided a Phase I Environmental Site Assessment, dated November 11, 2019, and an Asbestos Inspection Report and Management Plan, dated September 05, 2019, with this application. No asbestos was found in unit #361, but asbestos was found in neighboring unit #363. The report provides recommendations and an Asbestos Management Plan, which will be required by the Virginia Department of Social Services before a license is issued. The ESA provided identified lead paint in several areas of the first floor where the day care is proposed. The documentation states that the amount of lead detected does not pose a threat as long as the paint is intact, but does recommend several areas that should be locked to keep children out. Lead paint in day care areas is a potential hazard and should be addressed prior to occupancy by young children. 8. Child Day Care Centers are required to be licensed through the Virginia Department of Social Services. The facility must comply with the specific state regulations for operation and minimum facility standards according to 22VAC40-185. Any approval of this application will require that state approval is obtained prior to operation. In addition, the applicant will also be responsible for meeting building code standards for the proposed use along with gaining the necessary approvals from the Community Development Division. 9. 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, child day centers 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 Planning Commission December 17, 2019 CUP2019-007 Page 4 of 6 conditions are found acceptable. Conditional Use Permit Approval Criteria (31-306(c)) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of child day care facility is a listed conditional use in the CBD zoning district per the City’s Unified Development Ordinance (UDO). 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 commercial day care will be located within an existing building located in an established commercial area. No site modifications are proposed. The property is surrounded by RM, FRRD, and M-2 zoning districts with a mix of different commercial uses such as retail stores, warehouses, and a church. If approved, the proposed use shall be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district. 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 proposed use will utilize the access point on County Street. The proposal has been reviewed by the City’s Traffic Engineering Department who expressed no concerns regarding parking, circulation, or traffic for the proposed use and location since it is located within the CBD, Central Business District. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The proposed use is for a commercial day care and should not produce excess vibration, noise, odor, dust, smoke or gas. Outdoor play will be limited to the hours that Tynes Street Park is open to the public. Planning Commission December 17, 2019 CUP2019-007 Page 5 of 6 e) The proposed use shall not be injurious to the use and enjoyment 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 will utilize an existing building within an established commercial area which has a mixture of different uses. The proposed use will be compatible with existing uses and will not be injurious to the surrounding area. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The property is located in a developed area within an existing structure. The use of this property for a child care facility should not impede the orderly development and improvement of surrounding properties. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The applicant was required to provide an environmental site assessment to assess the condition of the building due to its age. The report indicated that there was no asbestos in the proposed space to be utilized for the day care center, but lead paint identified in several areas of the first floor of the proposed day care. The documentation states that the lead paint does not pose a threat as long as the paint is maintained intact. The report did recommend that all utility closets and access to the second floor be kept closed and locked to prevent the children from going into these areas. The applicant will need to address all the recommendations in both the Environmental Site Assessment and the Asbestos Inspection Report and Management Plan to ensure the safety and general welfare of the children in the facility. 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 this facility. RECOMMENDATION It is staff’s opinion that the site in question may be considered appropriate for the proposed use with the conditions listed below. Given the existing available infrastructure and location in an established commercial district, the use will not adversely impact the surrounding neighborhood; however, hazardous materials should be removed or encapsulated to ensure the safety of children to be housed in the proposed day care facility. Staff recommends approval of Conditional Use Permit request CUP2019-007 with the following Planning Commission December 17, 2019 CUP2019-007 Page 6 of 6 conditions: 1. This Conditional Use Permit is granted specifically in order to establish a Day Care, Child Day Center, on the first floor of property located at 361 E. Washington Street, Zoning Map 34G25(A), Parcel B; as identified in Exhibits B and C. 2. The applicant shall comply with all regulations regarding the operation of a child Day Care facility as required by the Virginia Department of Social Services. 3. The applicant shall ensure that all the recommendations in the Asbestos Inspection Report and Management Plan dated September 5, 2019, are met. 4. The lead paint identified by the Phase I Environmental Site Assessment, dated November 11, 2019, shall be removed or encapsulated prior to occupancy of the building as a day care. 5. No food preparation may take place without approval from the Suffolk Health Department. Attachments  General Location Map  Zoning / Land Use Map  Narrative Description  Environmental Site Assessment, Phase I, Lead Base Paint Detected  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Floor Plan  GENERAL LOCATION MAP CUP2019-007 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: 5/1/2019  ZONING / LAND USE MAP CUP2019-007 R ST BAN K ST PINN AY S E T LAD H OL AVE N&W ST ER TY LIB AV EW E ASH LL ING HA TO N ST 34G25(A)*B ST NT Y C OU S ST TYN E s POL K ST YOR K CT User Name: bsmith Date: 5/1/2019 CUP2019-007 Enviromental Site Assessment, Phase I ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE, CHILD DAY CENTER, LOCATED AT 361 E. WASHINGTON STREET, ZONING MAP 34G25(A), PARCEL B; CUP2019-007 WHEREAS, Shamica Bullock, applicant, on behalf of Kenneth Edmond, property owner, has requested a conditional use permit for a Day Care, Child Day Center, 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 34G25(A), Parcel B, which land is depicted on Exhibit "B"; 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, Child Day Center, 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, Child Day Center 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, Child Day Center, 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 specifically in order to establish a Day Care, Child Day Center, on the first floor of property located at 361 E. Washington Street, Zoning Map 34G25(A), Parcel B; as identified in Exhibits B and C. 2. The applicant shall comply with all regulations regarding the operation of a child Day Care facility as required by the Virginia Department of Social Services. 3. The applicant shall ensure that all the recommendations in the Asbestos Inspection Report and Management Plan dated September 5, 2019, are met. 4. The lead paint identified by the Phase I Environmental Site Assessment, dated November 11, 2019, shall be removed or encapsulated prior to occupancy of the building as a day care. 5. No food preparation may take place without approval from the Suffolk Health Department. 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 Shamica Bullock, applicant, on behalf of Kenneth Edmond, 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 Shamica Bullock, applicant, on behalf of Kenneth Edmond, 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. 19-12-02 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2019-007 TO ESTABLISH A DAY CARE, CHILD DAY CENTER, ON PROPERTY LOCATED AT 361 E. WASHINGTON STREET, ZONING MAP 34G25(A), PARCEL B WHEREAS, Shamica Bullock, applicant, on behalf of Kenneth Edmond, property owner, have requested the issuance of a Conditional Use Permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to permit a Day Care, Child Day Center, 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, CUP2019-007, 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 CUP2019-007 CONDITIONS 1. This Conditional Use Permit is granted specifically in order to establish a Day Care, Child Day Center, on the first floor of property located at 361 E. Washington Street, Zoning Map 34G25(A), Parcel B; as identified in Exhibits B and C. 2. The applicant shall comply with all regulations regarding the operation of a child Day Care facility as required by the Virginia Department of Social Services. 3. The applicant shall ensure that all the recommendations in the Asbestos Inspection Report and Management Plan dated September 5, 2019, are met. 4. The lead paint identified by the Phase I Environmental Site Assessment, dated November 11, 2019, shall be removed or encapsulated prior to occupancy of the building as a day care. 5. No food preparation may take place without approval from the Suffolk Health Department.  EXHIBIT B PROPERTY MAP CUP2019-007 R ST BAN AV E K ST PINN E RE MO AY S O T LAD H OL AVE N&W ST ERTY LIB EW ASH HA ING LL TO AV N ST E 34G25(A)*B T EN S ST LO D NT Y CUL C OU S ST TYN E POL K ST s ST FAC YOR TOR K CT Y JOH N S ON AVE User Name: bsmith Date: 5/1/2019  EXHIBIT C CUP2019-007 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 November 20, 2019 A. ORDINANCE TEXT AMENDMENT OTA2019-008, initiated by the City of Suffolk, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Approved Article 4, Zoning, Section 31-407, Dimensional and Density Regulations, Table 407-1. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstances. THIS PAGE WAS INTENTIONALLY LEFT BLANK