Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR FEBRUARY 16, 2021 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT DAVID HAINLEY, DIRECTOR THE REGULAR MEETING WILL BE HELD AT 2:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS OF THE CITY HALL BUILDING IF YOU CANNOT ATTEND OR NEED SPECIAL ACCOMODATIONS AT THE MEETING, PLEASE CALL THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT AT (757) 514-4060 PRIOR TO 12:00 NOON ON FRIDAY, FEBRUARY 12, 2021. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION February 16, 2021 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, CUP2020-026, Constant’s North Park: submitted by Mark Furlo, Director of Parks and Recreation, on behalf of the City of Suffolk, applicant and property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Park / Open Space (Generally), on property located at 724 N. Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32. The affected area is further identified as being located in the Suffolk Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. B. ORDINANCE TEXT AMENDMENT, OTA2021-001, initiated by the City of Suffolk, for amendment to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities. 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. 4. Old Business 5. New Business A. Status Report – City Council Meeting, January 20, 2021 B. Status Report - Preliminary Plats Approved 6. Commissioner’s Comments 7. Adjournment Page 1  MINUTES SUFFOLK PLANNING COMMISSION January 19, 2021 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, January 19, 2021, 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 Brittany Colyer, Interim Planner I John Rector Julie Swann, Planner I Kittrell Eberwine Anita Hicks Mills Staylor Johnnie Edwards The meeting was called to order by Chairman Benton and Commissioner Edwards opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. FAMILY TRANSFER PLAT: FAMILY TRANSFER SUBDIVISION PLAT REQUEST, FTR2020-00006: submitted by Frank Rawls, applicant, on behalf of Ernest W. Ellis, property owner, 1 requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 66, Parcel 37, Whaleyville Voting Borough, zoned A, Agricultural Zoning District. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. The first item of business was introduced by the Chairman followed by a staff report by Julie Swann, Planner I. Ms. Swann stated that the applicant proposed to transfer 1.063 acres to his son, leaving 55.039 acres as the residual parcel. The lot dimensions and building setback lines for the proposed new lot are consistent with the underlying Agricultural zoning district. The proposed new parcel has a 50-foot ingress egress easement providing access to the proposed parcel from White Marsh Road. There is adequate area on the new proposed lot for a separate dwelling and drain field. A deed of gift has been prepared in conjunction with this plat and it contains the required covenant that prohibits transfer of the property within 10 years of its receipt except in conformity with the UDO. Lastly, all parties have completed a Sworn Affidavit acknowledging that the purpose of this family transfer is to provide separate places of residence for the Grantee and keep the family estate within the immediate family. In summary, this request meets the criteria for a family transfer subdivision. Therefore, staff recommended approval of this application. Commissioner Rector made a motion to approve this application, seconded by Commissioner Singleton and passed by a voice vote of 8 to 0. 2 PUBLIC HEARINGS: CONDITIONAL USE PERMIT REQUEST, CUP2020-021, Heavenly Angel Healthcare Center: submitted by JoAnne Calvie, Heavenly Angel Healthcare Services, LLC, applicant, on behalf of Curtis Mehalko, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an Adult Day Care Center on property located at 430 N. Main Street, Zoning Map 34G11(A), Parcel 137. 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. The next item of business was introduced by the Chairman followed by a staff report by Julie Swann, Planner I. Ms. Swann stated that this application is to establish an adult day care. The applicant proposed to utilize two client rooms, two bathrooms with one designated for staff only and the other will be ADA accessible for client use, a kitchen for food preparation, and office space. The upper level of the building will be for storage use for employees only. The applicant proposed to have four clients at a time and staff four employees. The staff is comprised of a registered nurse, a licensed practical nurse, personal care assistant and an office administrator. The proposed hours of operation will be from 8:00am to 6:00pm Monday through Friday. In reference to parking requirements, the applicant is required to have five spaces. The driveway and parking lot towards the rear of the building can contain up to ten vehicles; therefore, there is adequate parking for the proposed use. Staff closely reviewed the request to determine its compatibility with the criteria outlined in the UDO as it pertains to 3 requested conditional use permits. After review, staff found that the proposed use meets the criteria outlined in the UDO, and that the use would not negatively impact the surrounding area. Accordingly, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Ms. Lewis, 430 N. Main Street, Suffolk, VA. She asked for the Commission’s approval of this request. There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2020-025, A Day With Deva Child Day Care: submitted by Danen and Deva Stith applicants and property owners, 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 409 Keaton Way, Zoning Map 25G, Parcel 4*197. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned PD, Planned Development zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Interim Planner I. Ms. Colyer stated that this request is to establish a Family Day Home. The applicant proposed to utilize the 2-story single family home that is approximately 1,542 sq. ft. with 3 bedrooms and 3 bathrooms. The applicant 4 proposed to utilize the first floor only, and the children will have access to the living room, dining room, sunroom, and kitchen. The children will also have access to one bathroom. This family day home is not currently a licensed family day home through the Virginia Department of Social Services. The day care will utilize approximately 773 square feet of the home’s 1,542 square feet, which is adequate space for the requested maximum of 12 children. The age range of the children that are cared for is newborn to 12 years old and the applicant would have to comply with the child to staff ratio. The proposed hours of operation will be from 6:00 a.m. to 8:00 p.m., which is compatible with the supplemental standards listed for a family day home. The home has a 6-foot wooden privacy fence bordering the back yard which meets the required minimum 1,000 sq. ft. outdoor play area for a family day home. The use of the outdoor play area will be limited between the hours of 8:00 am and 6:00 pm in accordance with the supplemental standards. There is an existing pool located within the outdoor play area that will not be utilized as a part of the proposed use. The above ground pool is accessed using a removable ladder, which will be removed during the daycare operating hours. The applicant also purchased fencing, which will also be attached around the top of the pool for additional safety measures. The applicant stated that the ladder would be removed and stored in the shed during the daycare operating hours, which would allow for the 48” wall of the pool to serve as a barrier. The applicant also 5 stated that there are alarms on the doors leading out to the pool / play area that would alert them anytime the doors are opened. Lastly, 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 1 parking space for any future employee. The required minimum parking for this site is 4 parking spaces. The property has a 2 car driveway and there is availability for on-street parking. Therefore, there is adequate parking for the residential use and the proposed use. Staff found that the proposed use meets the criteria as set forth in the UDO, and that the use would not negatively impact the surrounding area. Accordingly, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Deva Stith, applicant. She asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Singleton and passed by a recorded vote of 5 to 3. CAPITAL IMPROVEMENTS PLAN: Tealen Hansen, Director of Finance, and City staff gave a presentation on the City’s Capital Improvements Plan for FY 2022-2031. 6 After discussion by the Commission, Commissioner Rector made a motion to approve the proposed CIP and forward it to City Council with a recommendation that the $250,000 per year dedicated to expanding the internet access be compressed as much as possible in Year 1, seconded by Commissioner Staylor and passed by a recorded vote of 7 to 1. STATUS REPORT: Mr. Hainley reported on the results of the December 16th City Council meeting. OTHER BUSINESS: Commissioner Singleton made a motion to initiate an ordinance text amendment in reference to Section 31-724, Solar Energy Facilities, seconded by Commissioner Creekmore and passed by a voice vote of 8 to 0. ADJOURNMENT: There being no further business, the meeting was adjourned. 7  MT: Rector MT: Hicks MT: Hicks MT: Rector PLANNING COMMISSION 2ND: Singleton 2ND: Edwards 2ND: Singleton 2ND: Staylor MEETING TO: Approve TO: Approve TO: Approve TO: Forward to City January 19, 2021 w/conditions w/conditions Council VOTE: 8-0 VOTE: 8-0 VOTE: 5-3 VOTE: 7-1 FTR2020-006 CUP2020-0021 CUP2020-0025 CIP PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Benton, Howard C. X X X X X Creekmore, Oliver X X X X X Eberwine, Kittrell X X X X X Edwards, Johnnie X X X X X Hicks, Anita X X X X X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills  MT: Singleton MT: MT: MT: PLANNING COMMISSION 2ND: Creekmore 2ND: 2ND: 2ND: MEETING TO: Initiate text TO: TO: TO: January 19, 2021 amendment in reference to Solar Energy Facilities VOTE: 8-0 VOTE: VOTE: VOTE: UDO Text Amendment PRESENT ABSENT YES NO YES NO YES NO YES NO X X Benton, Howard C. X X Creekmore, Oliver X X Eberwine, Kittrell Edwards, Johnnie X X X X Hicks, Anita X X Rector, John X X Singleton, Arthur X X Staylor, Mills  CITY OF SUFFOLK 442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099 DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning February 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Conditional Use Permit Request, CUP2020-026, Constant’s Park North, submitted by Mark Furlo, Director, Department of Parks and Recreation, applicant, on behalf of the City of Suffolk, 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 park/open space (generally) on property located at 724 North Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32. The affected area is further identified as being located in the Suffolk Voting Borough, zoned B-2, General Commercial Zoning District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Alexis Baker, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted, David Hainley Director of Planning and Community Development /arb Attachments  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2020-26 to establish a park/open space (generally) at 724 North Main Street. APPLICANT: Mark Furlo, Director, Department of Parks and Recreation, applicant, on behalf of the City of Suffolk, property owner. LOCATION: The affected property is located at 724 North Main Street, and is further identified as Zoning Map 34A, Parcels 30, 31*31B, and 32. PRESENT ZONING: B-2, General Commercial Zoning District. EXISTING LAND USE: In total, the subject property contains 25.9 acres and is currently vacant. PROPOSED LAND USE: Public Park SURROUNDING LAND USES: North - B-2 General Commercial Zoning District, fast-food restaurant, auto parts store, bank, shopping center with retail, restaurants, and office uses. South - B-2, General Commercial Zoning District, Nansemond River CBD, Central Business Zoning District, hotel C, Conservation Zoning District, park East - B-2, General Commercial Zoning District, Nansemond River RU, Residential Urban Zoning District, condominiums West - B-2, General Commercial Zoning District, auto repair, gas station, vacant property COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area Overlay District. Resource Protection Area (RPA) and Intensely Developed Area (IDA) features are present. 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 February 12, 2021. CASE HISTORY: No recent history was found for the subject property in City databases. However, according to information provided by the applicant, commercial uses on the subject property included auto Planning Commission February 16, 2021 CUP2020-026 Page 2 of 6 body repair shop, car dealerships, an oil company, and more recently construction stockpiling and barge docking. The lot is currently vacant. Gravel and pavement debris has been compacted over time on the subject property from previous uses. STAFF ANALYSIS ISSUE The applicant is requesting a conditional use permit to establish a public park/open space at 724 North Main Street. While the entire site is made up of three parcels, containing 25.9 acres, only two acres will be used for the public park; the entire 25.9 acres, however, will be subject to a conditional use permit. The park site has approximately 420 linear feet of shoreline along the Nansemond River. The park will have one entrance off of North Main Street. The park will be developed in two phases. The first phase will include a living shoreline to replace the existing riprap that currently defines the steep armored riverbank. The bank will be backfilled with sand and/or suitable native soil and densely planted with saltwater tolerant herbaceous vegetation. The upper high marsh will also be planted with live stakes and native shrubs. Established plant roots will reduce soil loss and erosion from the Nansemond River. The riparian zone will encompass the stormwater wet swale, consisting of 245 woody species. The wet swale will be installed down gradient of the proposed parking lot. Stormwater runoff from the parking lot will be directed to this wet swale Best Management Practice (BMP) via pavement grading and a cobble lined ditch. Phase two of the park will include hardscaping improvements such as a twelve-space paved parking area, seating, and multi-use trails. Additionally, phase two will include a plaza and an open lawn. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a park/open space within the B-2, General Commercial Zoning District. 2. The site will be accessed from a single entrance off North Main Street. 3. Departmental records indicate City water and sewer is available for connection to this site via a City 16” water main and 8” gravity sewer main, and HRSD 14” sewer force main located on N. Main St. Site specific water and sewer demands and associated modeling will be addressed during the design stage of this project. The Department of Public Utilities has no objection to the request. 4. A best management practice (BMP) is shown on the preliminary site plan. Stormwater runoff from the parking lot is addressed by a stormwater wet swale. Stormwater runoff is directed from the parking lot via pavement grading and a cobble lined ditch. A preliminary water quality impact assessment (WQIA) was provided to Staff. However, the Department Planning Commission February 16, 2021 CUP2020-026 Page 3 of 6 of Public Works requires a more in-depth WQIA to address the high water table that may limit the type of appropriate BMP for this site. The subject property is in the 100-year floodplain and exhibits frequent flooding during heavy rains and storm surges. The developed area consists of broken asphalt and formerly impervious area that can count as credit towards the required 20% reduction in pollutant load for stormwater. Areas of “impervious” surface on the subject site must be also identified. A comprehensive WQIA and the identification of impervious surface on the subject property will be required prior to site plan approval. 5. The subject property is in the Chesapeake Bay Preservation Area with RPA and IDA features present. Prior to site plan approval, the applicant will be required to identify existing and proposed impervious surface on the subject property. An overall decrease in impervious surface must be demonstrated in the RPA to receive site plan approval. 6. 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, park/open space are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria (31-306(c)) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council and only if the applicant demonstrates that: a. The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a park/open space (generally) is a listed conditional use in the B-2 Zoning District per the City’s Unified Development Ordinances (UDO). The proposed public park is not subject to the Design and Improvement Standards set forth in Sec. 31-608, Parks and Open Space, as the property is not within a residential zoning district or part of a proposed residential subdivision or site plan, that creates additional open space or park demands. An approved site plan, subject to the requirements of Appendix B of the UDO, will be required once a conditional use permit is approved. 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 Planning Commission February 16, 2021 CUP2020-026 Page 4 of 6 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 general character of the area is defined by commercial, retail, and shopping center uses. The Conditional Use Permit Request for a park will improve water quality and provide additional opportunities for recreation. Additionally, the public park will improve the overall appearance of the North Main Street corridor through the incorporation of green space, landscape plantings, and trails. The park will also complement the existing Constant’s Wharf Park and Marina on the other side of the Nansemond River, south of the subject area. 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 request for the park was reviewed by the City’s Traffic Engineering Division who expressed no concerns regarding parking, circulation or traffic for the proposed use and location. d. The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The park is anticipated to improve the existing environmental conditions of the property by planting native plant species, providing habitat for oysters, clams, and other shellfish, and replacing impacted gravel and pavement with native soil. 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 park will not diminish or impair property values along the North Main Street corridor. The park will improve the appearance of the corridor by providing additional green space and opportunities for passive and active recreation along the Nansemond River. 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. The use of this property for a park will not impede the orderly development and improvement of surrounding properties. g. The establishment, maintenance or operation of the proposed use shall not be Planning Commission February 16, 2021 CUP2020-026 Page 5 of 6 detrimental to or endanger the public health, safety, morals, comfort or general welfare. The proposed use of a park should not be a detriment or endangerment to the public. 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 park should not have an adverse impact on the remaining commercial zoned property. RECOMMENDATION The development of park/open space should have minimal impacts on the surrounding area. Therefore, staff recommends approval of Conditional Use Permit request CUP2020-026 with the following conditions. 1. This Conditional Use Permit is granted specifically in order to establish a park/open space (generally), for property located at 724 North Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32, as identified in Exhibit B. 2. A subdivision plat, to vacate internal property lines, shall be submitted and approved prior to site plan approval. 3. The site plan design of the park shall be substantially similar to the layout shown on Exhibit C, Preliminary Site Plan. 4. Site development and activities conducted as part of the park shall comply with all applicable provisions of the Unified Development Ordinance as well as all federal, local, and state regulations. Attachments • General Location Map • Zoning / Land Use Map • Narrative • Proposed Ordinance • Exhibit A – Planning Commission Recommendation • Exhibit B – Property Map • Exhibit C – Preliminary Site Plan  GENERAL LOCATION MAP CUP2020-026 Subject Property _ ^ Central Growth Area ^ SUBJECT SUBJECT PROPERTY PROPERTY MIXED USE MIXED USE CORE CORE CORE SUPPORT CORE SUPPORT INNER-RING SUBURBAN INNER-RING SUBURBAN SUBURBAN SUBURBAN RURAL CONSERVATION RURAL CONSERVATION RURAL AGRICULTURAL RURAL AGRICULTURAL VILLAGE VILLAGE User Name: Awood Date: 02/01/2021 1 0.5 0 1 2 3 Miles ±  ZONING / LAND USE MAP CUP2020-026 RD ER RI V B-2 NORM A NDY D R MARINA DR RLM RU Subject Property E RIVER N M A IN S T LN VIEW DR RIVE R P OIN 34A*31*31B ND IS LA K T OA RLM DR C 34A*32 T TH YS BE NR ZA HE ELI 34A*30 ST O-I B-2 RM ONLN JOHNS CBD E CONS TANCE R D G ES IDE LAK VE KIN RD DA CE ON AVE AN EM OR ND NS T ANS SB HLA ST N HIG CO T H OS KAT W WESTE RN AVE CHUR IN ER ST ER CH ST INN B-1 T EP ES RU DAY ST ST ST MO EA VE P IN MA HA N NE OR R User Name: Awood Date: 02/02/2021 560 280 0 560 1,120 1,680 Feet ±  1001 Boulders Parkway P 804.200.6500 Suite 300 F 804.560.1016 Richmond, VA 23225 www.timmons.com January 11, 2021 Alexis Baker, AICP – Principal Planner Suffolk Planning & Community Development 442 W. Washington Street, Suffolk, VA 23439 Re: Constant’s North Park – Water Quality Improvements and Flood Resilience Ms. Baker, This letter is provided in support of the Conditional Use Permit (CUP) review for the proposed Constant’s North Park project site. The Suffolk Parks & Recreation Department is proposing the development of a public park known as Constant’s North Park (Park) to be located along the northern bank of the Nansemond River at 724 North Main Street in the City of Suffolk. The approximately 2-acre Park site is part of three (3) parcels (Tax Map Nos. 34A*32, 34A*30 & 34A*31*31B) cumulatively totaling 25.86 acres and purchased by Suffolk Parks & Recreation in 2017. The site’s commercial development history was verified with aerial photographs dating back to 1953 and City directory records back to 1975. Commercial uses on this site have included an autobody repair shop, a Honda dealership, the Suffolk Oil Company and more recently construction materials stockpiling and barge docking. The proposed Park location currently exists as a vacant commercial lot that has been compacted over time with subsurface remnants of gravel and pavement debris from previous development uses. The Park site has approximately 420 linear feet of shoreline along the Nansemond River that currently exists as 3:1 or steeper riverbank, armored with concrete debris riprap. Remnants of a timber pier are located parallel with the armored bank along the southwestern edge of the site. The Park is designed to improve the existing water quality conditions on this site with the following three (3) water quality improvement measures: First, is development of a living shoreline to replace the existing concrete riprap that currently defines the steep armored riverbank. The bank will be graded back at a 10:1 or flatter slope to define both low marsh and high marsh zones, then backfilled with sand and/or suitable native soil and densely planted with saltwater tolerant native herbaceous E N G I N E E R I N G | D E S I G N | T E CH N O L O G Y vegetation. The upper high marsh will also be planted with live stakes and native shrubs. Establishment of plant roots will retain surface soil and significantly reduce erosion to the Nansemond River. Development of the living shoreline will provide habitat to attract native aquatic organisms such as oysters, clams, and other shellfish, which are known to filter water; an adult oyster can filter up to 50 gallons of water per day. Extending landward from this high marsh will be a 5:1 or flatter riparian buffer zone to be graded and supplemented with topsoil, and densely planted with a diverse combination of native woody species and grasses. This riparian zone will encompass the stormwater Wet Swale (discussed below), be developed in Phase I and consist of approximately 245 woody species including shrubs, understory trees, and large canopy trees. The proposed increase in vegetative cover within the Living Shoreline and riparian buffer will provide significant water quality improvements via reduced surface erosion, runoff filtration and nutrient uptake. Second, is the development of a Wet Swale stormwater Best Management Practice (BMP), which is to be installed downgradient of the proposed parking lot. Stormwater runoff from the parking lot will be directed to this BMP via pavement grading and a cobble lined ditch. The Wet Swale will be densely planted with a variety of native salt-tolerant grasses and woody species to provide runoff treatment via nutrient uptake, filtering and reduced flow velocity to encourage the settlement of waterborne pollutants. A Wet Swale is well suited given the coastal plain location, high groundwater table and temporary inundation from periodic flooding. The design makes use of two (2) concrete check dams to increase treatment capacity and a stone riprap level spreader to ensure low-energy sheet flow discharge into the adjacent Living Shoreline. This BMP will allow for the treatment of nutrients including phosphorus, nitrogen, metals, and suspended sediment. The entire Park site, including the BMP, are all located within the FEMA Zone AE (floodplain elevation 10.0 Ft-MSL), and during a 1% annual chance flood (100-year flood event), this entire area will be inundated and not functional for intended uses. Third, is the redevelopment nature of this project. The proposed removal of the existing compacted and gravel laden subsurface within the upland park area. The site will be graded, and unsuitable soils replaced with supplemented native soil and/or imported topsoil. This will result in a net decrease in post-development impervious area within the Park. The proposed impervious area will consist of concrete multiuse trails and a small, paved parking lot (12 spaces). The hardscaping and landscaping improvements to the upland Park area are to be developed in Phase II, however the primary grading improvements and surface soil amendments will be performed in Phase I. The Phase II Park area will be planted with approximately 206 native woody species including shrubs,  understory trees, and large canopy trees. Upland lawn areas are to be stabilized with locally sourced Bermuda turf, which will minimize future irrigation needs following establishment. The proposed increase in vegetative cover will provide significant water quality improvements via reduced surface erosion, runoff filtration and nutrient uptake. The previously discussed measures will provide significant functional uplift for improved water quality in this proposed urban park setting. There will be a definitive reduction in compacted/impervious soils, extensive vegetative improvements, addition of a stormwater BMP and Living Shoreline. These improvements will allow for slower time of release, onsite nutrient uptake, and negligible erosion. The efficiency of these improvements will only grow over time as the vegetation matures and root mass expands creating long lasting water quality improvements. The entire Park site is located within the FEMA Zone AE (floodplain elevation 10.0 Ft-MSL) and therefore subject to inundation during a 1% annual chance flood (100-year flood event). Flood resilience was one of the primary objectives in planning and design of the Park. The Park’s proposed site grading is designed to ensure no net increase of fill within the FEMA floodplain and therefore no loss of floodplain storage volume in the river’s headwater. The proposed Living Shoreline improvements will result in a lower embankment slope, providing additional flood storage volume within the tidal range. The proposed planting density and use of native vegetation, along the shoreline and the respective riparian buffer, will significantly reduce erosion and damaging runoff velocity/energy from severe storm events. Proposed impervious improvements have been designed for temporary inundation and park benches and trash receptacles will be corrosion resistant and anchored to prevent migration during periodic flood events. Please do not hesitate to contact me at stephen.quina@timmons.com or 804.200.6504 with any questions or if additional information is required to support the CUP review for the Constant’s North Park. Sincerely, Stephen Quina, Jr., PE Sr. Project Manager Timmons Group ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PARK/OPEN SPACE (GENERALLY) ON PROPERTY LOCATED AT 724 NORTH MAIN STREET, ZONING MAP 34A, PARCELS 30, 31*31B, AND 32, ACCOUNT NUMBERS 252520150, 252939000, AND 252521000; CUP2020-026 WHEREAS, Mark Furlo, Director, Department of Parks and Recreation, agent, on behalf of the City of Suffolk, applicant and property owner, requested a conditional use permit for a park/open space (generally) in accordance with Sections 31-306, 31-406, and 31-709 of the Unified Development Ordinance 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 34A, Parcels 30, 31*31B, and 32, 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”, “Preliminary Site 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 park/open space (generally), that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and  height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities with the conditions set forth below. These findings are based upon the consideration for the existing use and character of property, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of a park/open space (generally) 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 park/open space (generally), in compliance with Exhibit “C”, “Preliminary Site 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 park/open space (generally), for property located at 724 North Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32, as identified in Exhibit B. 2. A subdivision plat, to vacate internal property lines, shall be submitted and approved prior to site plan approval. 3. The site plan design of the park shall be substantially similar to the layout shown on Exhibit C, Preliminary Site Plan. 4. Site development and activities conducted as part of the park shall comply with all applicable provisions of the Unified Development Ordinance as well as all federal, local, and state regulations.  Section 4. General Conditions. (a) The conditional use permit may be revoked by City Council upon failure to comply with any of the conditions contained herein, after ten days’ written notice to Mark Furlo, Director, Department of Parks and Recreation, agent, on behalf of the City of Suffolk, applicant and 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 Mark Furlo, Director, Department of Parks and Recreation, agent, on behalf of the City of Suffolk, applicant and 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. 21-02-01 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2020-026 TO ESTABLISH A PARK/OPEN SPACE (GENERALLY), ON PROPERTY LOCATED AT 724 NORTH MAIN STREET, ZONING MAP 34A, PARCELS 30, 31*31B, AND 32, ACCOUNT NUMBERS 252520150, 252939000, AND 252521000 WHEREAS, Mark Furlo, Director, Department of Parks and Recreation, agent, on behalf of the City of Suffolk, applicant and 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 park/open space (generally), 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, CUP2020-026, 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 CUP2020-026 CONDITIONS 1. This Conditional Use Permit is granted specifically in order to establish a park/open space (generally), for property located at 724 North Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32, as identified in Exhibit B. 2. A subdivision plat, to vacate internal property lines, shall be submitted and approved prior to site plan approval. 3. The site plan design of the park shall be substantially similar to the layout shown on Exhibit C, Preliminary Site Plan. 4. Site development and activities conducted as part of the park shall comply with all applicable provisions of the Unified Development Ordinance as well as all federal, local, and state regulations.  PROPERTY MAP EXHIBIT B CUP2020-026 Subject Property N MA IN ST 34A*31*31B 34A*32 34A*30 G N LN W AY KIN RK JOHNS O PA OR E CON S TAN SB CE RD T OS User Name: Awood Date: 02/02/2021 300 150 0 300 600 900 Feet ± EXHIBIT C CUP2020-026  RESULTS OF THE CITY COUNCIL MEETING OF January 20, 2021 A. REZONING REQUEST, RZN2020-007, (Conditional), Northgate Commerce Park – Approved Parcel J: to change the zoning from M-2, Heavy Industrial zoning district, to B-2, w/proffers General Commercial zoning district, for property located at 5045 Nansemond Parkway, Zoning Map 20, Parcel 22J. B. REZONING REQUEST, RZN2020-008, (Conditional), Peanut Crossing: to amend the Approved previously approved proffered conditions for property located at 273 S. Saratoga Street, w/proffers Zoning Map 34G23(A), Parcels 114*115*116, 114*115*116*1, 114*115*116*2, and 114*115*116*3. C. CONDITIONAL USE PERMIT REQUEST, CUP2020-019, Peanut Crossing: in order to Approved amend the previously approved conditions pertaining to the establishment of a multi-family w/conditions apartment complex on property located at 273 S. Saratoga Street, Zoning Map 34G23(A), Parcels 114*115*116, 114*115*116*1, 114*115*116*2, and 114*115*116*3. D. CONDITIONAL USE PERMIT REQUEST, CUP2020-022, Joyful Care Children’s Approved Academy: to grant a Conditional Use Permit to establish a Day Care, child day center, on w/conditions property located at 3575 Bridge Road, Zoning Map 12, Parcel 55*1D*1E  CITY OF SUFFOLK 442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099 DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning February 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached, for informational purposes, please find a summary pertaining to Preliminary Subdivision Plats that have been approved since your previous meeting on January 19, 2021. Please contact either myself or Kevin Wyne, Current Planning Manager, if you have any questions relating to in advance of the meeting. Respectfully submitted, David Hainley, Director of Planning and Community Development /kmw Attachments  Preliminary Subdivision Plat Approval Summary PSB2020-00004 Edgewater: The proposed subdivision is located within the RLM, Residential Low Medium Density zoning district and will contain 119 detached single family residential lots. The parent parcel is 33*72 and is located at 508 Turlington Road, immediately south of Lake Kilby and east of the Lake Speight Colony subdivision. The parcel, which is bisected by Norfolk Southern Railroad right-of-way, contains approximately 51 acres, 33.5 acres to the north of this railroad right-of-way, and 17.5 acres to the south. Collectively, the portions of the parcel contain 10 acres of critical area, leaving 41 acres of upland developable area. The subdivision will be developed as a cluster subdivision, and is subject to cluster pattern subdivision dimensional and design criteria. The minimum lot size for the development will consist of 5,000 square feet and homes will be subject to a minimum 20’ front yard setback, 5’ side yard setback, and 10’ rear setback. The overall density of the subdivision will be 2.9 units per acre, which is the maximum allowed in the RLM zoning district. The subdivision will provide for 25.61 acres of open space, which accounts for approximately 50 percent of the overall site area. Cluster subdivisions in the RLM district require 45 percent of the site to be preserved as open space. The subdivision will take its access from three separate points on Turlington Road. Two access points will serve the larger portion of the subdivision (97 lots) north of the railroad right- of-way. The remaining access point will serve the remaining 22 lots south of the railroad right-of- way. No action is required on this item as it is presented for your information only. Attached, please select sheets from the approved Preliminary Subdivision Plat, PSB2020-00004, approved February 1, 2021. Attachments  Approved Preliminary Subdivision Plat PSB2020-00004, Edgewater PRELIMINARY CLUSTER SUBDIVISION PLAT FOR PLarrish ayne DESIGN GROUP Engineers Surveyors Planners EDGEWATER P.O. Box 9164, Chesapeake, VA 23321 Phone: 757.686.3345 Fax: 757.686.3348 TAX PARCEL 33*72 TH OF V WHALEYVILLE BOROUGH, SUFFOLK, VIRGINIA WEAL IR N COM GI MO NI A BRIAN J. LAYNE Lic. No. 002490 LA OR LOCATION MAP ND S UR V EY WHALEYVILLE BOROUGH, SUFFOLK, VIRGINIA PRELIMINARY CLUSTER SUBDIVISION PLAT EDGEWATER TAX PARCELS 33*72 OF C-1 SHEET: 1 of 9 4655.0-19  PLarrish ayne DESIGN GROUP Engineers Surveyors Planners P.O. Box 9164, Chesapeake, VA 23321 Phone: 757.686.3345 Fax: 757.686.3348 SHEET 8 TH OF V WEAL IR N COM GI MO NI A BRIAN J. LAYNE Lic. No. 002490 LA OR ND S UR V EY SHEET 9 SHEET 7 SHEET 5 SHEET 6 WHALEYVILLE BOROUGH, SUFFOLK, VIRGINIA PRELIMINARY CLUSTER SUBDIVISION PLAT EDGEWATER TAX PARCELS 33*72 SHEET 3 SHEET 4 OF C-2 SHEET: 2 of 9 4655.0-19