Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JUNE 15, 2021 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT ROBERT P. GOUMAS, AICP, INTERIM 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, JUNE 11, 2021. HOWARD C. BENTON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION June 15, 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. REZONING REQUEST, RZN2021-007, (Conditional), Murphy’s Mill 10-Plex: submitted by Frank Rawls, Ferguson Rawls and Raines, P.C, agent, on behalf of Bob Arnette, Murphy’s Mill Road Associates, LLC, applicant, on behalf of Bryan Gayle and William Nelson, Suffolk Holms, 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 to change the zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning district, for property located at northeast quadrant of the bisection between the Rt. 58 Bypass and Murphy’s Mill Road, Zoning Map 25, Parcel 70B. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. B. REZONING REQUEST, RZN2021-011, (Conditional), Meadows Landing, Phase 3: submitted by Frank Rawls, Ferguson Rawls and Raines, P.C, agent, on behalf of Bob Arnette, Meadows Landing Associates, LLC, applicant, on behalf of Eleura Queen Cross Estate, 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 to change the zoning from A, Agriculture zoning district, to RLM, Residential Low-Medium Density zoning district, for property located at 2534 Jackson Road, Zoning Map 43, Parcels 22 and 21A. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. C. CONDITIONAL USE PERMIT REQUEST, CUP2020-015, 2690 Bridge Road, Family Life Center: submitted by Raeford Eure, Hoggard-Eure Associates P.C., applicant, on behalf of William R. Gardner, President, Sturtevant Funeral Home, 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, on property Page 1  located at 2690 Bridge Road, Zoning Map 5D(2A), Parcel A*2. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned O-I, Office-Institutional zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner Ring Suburban Use District. D. CONDITIONAL USE PERMIT REQUEST, CUP2021-009, CSG – Holland Road Solar Facility: submitted by Rafael Dobrzynski, Suffolk CSG LLC, applicant, on behalf of Morris H. Glover and Frances A. Glover 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 Solar Energy Facility, on property located at 6245 Holland Road, Zoning Map 40, Parcel 48. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. E. CONDITIONAL USE PERMIT REQUEST, CUP2021-012, Crocker Funeral Home Expansion: submitted by Nathan Lahy, Orbis Landscape Architecture, applicant, on behalf of Crocker Funeral Home, Inc., property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to allow an expansion of an existing funeral home, on property located at 900 E. Washington Street and 108 N. Division Street, Zoning Map 35F, Parcels LA*22D, LA*22C and LA*22B. The affected area is further identified as being located in the Suffolk Voting Borough, zoned B-1, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. F. SUBDIVISION VARIANCE REQUEST, SBV2021-002, Godwin Park Phase 1: submitted by John H. Peterson III, The Terry Peterson Companies, applicant, on behalf of Northgate, LLC, and K & M Holdings, LLC, property owners, in accordance with Sections 31-308 and 31-515 of the Unified Development Ordinance, to grant a variance to the Cul-de-sac Length Standards of Section 31-612(c)(3) and Section 31-612(f), Connectivity and Secondary Access Standards, of the Unified Development Ordinance, on property located at 2999 Corporate Lane, 2922 Godwin Boulevard, and 2920 Godwin Boulevard, Zoning Map 26 Parcels 3*2, 3*1, and 3*3. The purpose of this request is to grant relief from the specified development standards of the Unified Development Ordinance pertaining to the development of the Godwin Park Residential Subdivision. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned MUD, Mixed use Development Overlay zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. 4. New Business A. Status Report – City Council Meeting, May 19, 2021 B. Status Report - Preliminary Plats Approved - None 5. Commissioner’s Comments 6. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION May 18, 2021 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, May 18, 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 William Hutchings, Jr., Interim City Attorney Arthur Singleton Bob Goumas, Interim Dir. of Planning & Oliver Creekmore Com. Dev. John Rector Kevin Wyne, Current Planning Manager Kittrell Eberwine Grace Braziel, Planner II Anita Hicks Brittany Colyer, Planner I Mills Staylor Julie Swann, Planner I The meeting was called to order by Chairman Benton and Commissioner Creekmore opened with a prayer. The roll was called by Mr. Goumas 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: CONDITIONAL USE PERMIT REQUEST, CUP2020-028, Overton Funeral Home: submitted by Claude Lym, Site Improvement Associates, applicant, on behalf 1 of Cora Overton, Overton Cooke Funeral Home, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to expand an existing Funeral Home, on property located at 405 Johnson Avenue, Zoning Map 34G24(6)5, Parcels 1*2, 3 and 4. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support 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 build an approximate 2,300 square foot addition to accommodate two new viewing rooms, two bathrooms – one of which will be ADA accessible, and a work lobby. The applicant also proposed to build a new garage to accommodate four (4) limos. Additional improvements include renovating the entrance to be more ADA accessible and adding 18 parking spaces – two of which will be handicapped spaces. Staff determined that since there is no proposed increase in seating capacity for the existing chapel, no additional parking is required. The applicant proposed to develop the expansion across three parcels. According to the applicant, the building addition will be built on Parcel 1*2, the parking lot will be on Parcel 3 and the stormwater management and landscaping will be on Parcel 4. The applicant is aware a boundary line adjustment to vacate interior property lines must be submitted and approved prior to site plan approval, which is noted as Condition #4. The current hours of operation will be from 9am to 9pm and would not change. Additionally, staff is comprised of nine employees. 2 Staff has closely reviewed this request and found that the proposed use meets the criteria as 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 Sam Baraki, Site Improvements Associates. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. 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 0. CONDITIONAL USE PERMIT REQUEST, CUP2021-010, Northgate Commercial Parking Lot: submitted by David France, Kimley-Horn, on behalf of William A. Hudgins, Panattoni Development, applicant, on behalf of Cole Industrial 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 commercial parking lot, on property located on Industrial Drive, Zoning Map 20, Parcel 22H. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Current Planning Manager. Mr. Wyne stated that the applicant proposed to establish commercial parking for the purpose of creating 571 overflow tractor trailer spaces to serve an adjacent warehouse operation, under construction, 3 immediately adjacent to the west across Northgate Commerce Parkway. Additionally, the site will serve another nearby warehouse operation located to the east in the City of Chesapeake. The facility located in Suffolk that the proposed overflow parking lot will serve is approximately 850,000 square feet, and will have 2,005 employee parking spaces and 66 truck loading stalls. The other facility, located in the City of Chesapeake is also under construction, and will consist of approximately 650,000 square feet in total area. The need for the requested Conditional Use Permit stems from the fact that the parking area is off-site from the use it will be serving, thus making the parking area the principal use on a presently undeveloped parcel. The proposed parking area appears to be compatible in design and orientation as other parking areas that are found in the general vicinity. The proposed use is for a commercial parking area and should not produce excess vibration, noise, odor, dust, smoke or gas. The proposed use will be compatible with existing uses inside the industrial park and this Conditional Use Permit request should not be injurious to the surrounding area. The purpose of this request is to offer relief to two uses in the vicinity that are under construction. The proposed overflow lot should assist in the orderly development of surrounding property by ensuring tractor trailers serving these sites have a secure area to park. Specifically, having a designated parking area will keep these trucks from parking in potentially problematic locations, such as on the street or within other nearby 4 commercial parking areas designated for use by patrons of on-site commercial establishments where they may be perceived as an eyesore. It was staff’s opinion that the site in question is appropriate for the proposed use given the location within an existing industrial park. Additionally, the use should not adversely impact the surrounding neighborhood and should mitigate potential impacts from nearby industrial users. Therefore, 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 Dave France, Kimley-Horn & Associates, 4525 Main Street, Virginia Beach, VA. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote of 7 to 0. EXCEPTION REQUEST, CEX2021-002, 3724 Bridlepath Lane: submitted by Matthew Roth, Roth Environmental, LLC, agent, on behalf of Tanner Thomas, applicant and property owner, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a fence to encroach into the 100-foot Resource Protection Area buffer, on property located at 3724 Bridlepath Lane, Zoning Map 12H, Parcel 1A*183. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned PD, Planned Development Overlay zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner-Ring Suburban Use District. 5 The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner II. Ms. Braziel stated that the applicant requested an exception from the regulations of the CBPA Overlay District to encroach into the 100- foot RPA for the construction of 195 linear feet of a 6-foot tall wood fence. The fence is proposed to extend from the rear of the home, extending down the side property lines and across the rear yard to enclose a portion of the rear yard for the property owners dog to utilize. The requested fence is proposed to encroach in both the 50-foot landward and 50-foot seaward portion of the 100-foot RPA buffer. The requested 6- foot tall wood fence is proposed to be installed in a portion of the backyard that has already been previously cleared; therefore, no clearing of the buffer area is proposed to install the fence. In addition to the proposed 6-foot wood privacy fence, the applicant also proposed to remove an existing shed and fire pit from the 50-foot seaward portion of the 100-foot RPA buffer. The shed and the fire pit accounts for 130 feet in impervious area. When considering the total impervious area to encroach within the buffer area for the fence and the total impervious area to be removed, there would be an overall reduction of 94.4 square feet of impervious area. Lastly, the applicant proposed to install four (4) 55-gallon rain barrels on the four corners of the house to utilize the rainwater that would be captured from the down spouts of the home to water the lawn and landscaping on the property. The proposed rain barrels are a Best 6 Management Practice (BMP), do not require any mitigation since they would serve to capture storm water runoff. The subject lot was created in 1997 as part of the Steeplechase Subdivision, and is shown to be set back further than other lots in the subdivision resulting in the lot almost being encompassed entirely within the RPA buffer. There is currently a single family dwelling that encroaches into the 100-foot RPA buffer, resulting in the entire rear yard being located within the buffer; therefore, there is no portion of the properties yard that is located outside of the buffer area due to how the lot was created. The applicant provided a buffer mitigation plan to provide vegetation to mitigate for a total of 35.6 square feet of total land disturbance and impervious area that is associated with the installation of the fence within the RPA Buffer. The applicant also proposed to reduce the overall impervious area within the buffer by 94.4 square feet and proposed additional mitigation than what is required resulting in a total of 1 canopy tree, 8 understory trees, 36 shrubs, and 500 square feet of perennial emergent vegetation back within the RPA buffer. The proposed fence would encroach into the 50-foot seaward portion of the 100-foot RPA Buffer; however, the proposed mitigation will be located beyond the fence in the buffer area that is grass area in an attempt to reestablish the portion of the buffer area and would serve to filter nonpoint source pollution from runoff. Staff recommended a condition that the fence shall be installed so that it does not inhibit or alter surface flow. This request as 7 proposed would result in a buffer area that would have less impervious area and more vegetation than what is existing now. Staff found that the applicants’ request does satisfy the criteria as outlined in the UDO to grant an exception to the requirements of the CBPA Overlay District. 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 Matthew Roth, Roth Environmental, LLC, 700 Prescott Circle, Newport News, VA. Also, speaking in favor of this application was Tanner Thomas, property owner. He asked for the Commission’s approval of this request. 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 0. EXCEPTION REQUEST, CEX2021-003, 9098 Eclipse Drive: submitted by Jason Thomas, Painted Fern, applicant and agent, on behalf of Kristine Long, property owner, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a pool, deck, and associated sidewalk to encroach into the 100-foot Resource Protection Area buffer, on property located at 9098 Eclipse Drive, Zoning Map 5, Parcel 18. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RL, Residential Low Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. 8 The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner I. Ms. Colyer stated that the applicant requested an exception from the regulations of the CBPA Overlay District to encroach into the landward portion of the 100-foot RPA for the construction of a pool with an associated surrounding deck area and a 4-foot wide mulched pathway from the proposed pool to the existing primary deck. The pool will be a 12 x 24 foot in ground pool, with the associated surrounding deck being approximately 23 x 25 feet and constructed out of travertine pavers. The associated mulched pathway is proposed to be 4-feet in width and extend from the existing primary deck to the proposed pool and deck area. The total proposed impervious area within the 50-foot landward portion of the RPA is 607 square feet, with a total limit of disturbance of 2,462 square feet. To compensate for the additional 607 square feet of impervious cover, the applicant submitted a Buffer Restoration Plan to mitigate for the total proposed disturbance of 2,462 square feet. This is intended to help with the increase in runoff generated by the proposed permanent impervious area that will be created by the pool and associated structures. The lot was created prior to adoption of the CBPA regulations. The proposed location has been chosen due to several site specific limitations, such as an electrical utility line that runs across the site and to limit disturbance of an existing, well established, vegetated area. The proposed pool, deck, and mulch path would be located within the 9 50-foot landward portion, no other location would be practical due to the previously stated limiting factors. The existing buffer area on this lot is comprised of mostly grass and the western portion containing woody vegetation. The applicant’s request will require the removal of one (1) crepe myrtle tree, no other vegetation is proposed to be removed. This request will require the establishment of additional vegetation within the buffer to help address runoff from the pool. The property currently has an existing fence that runs along the side property lines, and is surrounded by the Nansemond River. The applicant proposed to provide a gated access to the property in order to provide a safety barrier for the proposed pool from surrounding properties. The proposed gate is not being approved as a part of this request, as it is outside of the buffer. Staff will work with the applicant to ensure that landscaping is installed to mitigate the impact of the additional impervious surface within the RPA buffer. The proposed 4-foot pathway will consist of mulch, which is a permeable surface and will allow for surface water to flow through and be absorbed rather than produce additional runoff. The applicant submitted a Buffer Restoration Plan that is consistent with the Riparian Buffers Modification and Mitigation Manual and identifies appropriate canopy and understory trees, as well as shrubs to be placed back within the buffer. Staff found that the applicant’s request does satisfy the criteria as outlined in the UDO to grant an exception to the requirements of the Chesapeake Bay Preservation Area 10 Overlay District. The applicant’s request to permit the construction of the pool, associated deck area, and mulched pathway to encroach within the 100-foot RPA is consistent with the intent and purpose of the Chesapeake Bay Overlay. Therefore, staff recommended approval of this request with the conditions. The public hearing was opened and speaking in favor of this application was Jason Thomas, Painted Fern. 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 Eberwine and passed by a recorded vote of 7 to 0. OLD BUSINESS: CONDITIONAL USE PERMIT REQUEST, CUP2021-003, Whitney I / II Solar Facility: submitted by Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, 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 solar energy facility, on property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road, Zoning Map 64, Parcel 58B. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agricultural Use District. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Current Planning Manager. Mr. Wyne advised that at the Commission’s meeting on April 20th, this application was tabled for thirty (30) days. 11 Mr. Wyne advised that since that time, there are no additional information for consideration; therefore, staff recommended approval of this application with the conditions noted in the staff report. Mr. Wyne noted that after the agendas had been processed, staff did receive a modified landscape exhibit of the property and a petition from adjacent property owners who are opponents. Martin Speroni of Saunders & Ojeda advised that they have improved the project. They have dispelled some misinformation that was out there - have made very positive changes, and believe they have a better project. Michael Doniger, Vice President of Chaberton Solar Whitney, advised that the modifications include having its 24 string inverters no closer than 450 feet to any adjacent properties, rather than the 150 feet it had originally proposed, as well as moving the transformer to 650 feet away from the closest home. Sightlines would include four different types of trees throughout the perimeter of the solar farm that will start out being 6 to 8 feet and growing to 15 to 30 feet, at a cost of about $100,000. They have also added two small areas of reforestation to effectively extend the width of the landscaping buffer around the property, especially at the southern end of the property, which is near a stream, and the northwest part of the property. 12 After discussion by the Commission, Commissioner Singleton made a motion to table this application for thirty (30) days in order to allow the applicant submit new information, seconded by Commissioner Hicks and failed by a vote of 2 to 5. Commissioner Staylor made a motion to deny this application, seconded by Commissioner Eberwine and passed by a recorded vote of 6 to 1. EXCEPTION REQUEST, CEX2021-001, 2703 River Watch Drive: submitted by Antron Boone, Precision Building, LLC, applicant, on behalf of Gary and Barbara Allemand, property owners, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a fence to encroach into the 100-foot Resource Protection Area buffer, on property located at 2703 River Watch Drive, Zoning Map 26F, Parcel RB*71. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned PD, Planned Development Overlay 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, Planner I. Ms. Colyer stated that at the Commission’s meeting on March 16th, this application was tabled for sixty (60) days to allow the applicant time to revise the narrative and submit additional information. Staff received additional information from the applicant, which included a revised narrative and pictures of the proposed fence location. The applicant exception request remains the same, the construction of a black aluminum fence 54 inches in height. The proposed fencing will extend a total of 210 linear feet and encroach approximately 27 feet within the 50-foot 13 landward portion of the buffer. The applicant submitted a revised narrative stating that the need for the fences arises from wanting to have a safe area for children to play due to the proximity of the Nansemond River. Additionally, since the previous consideration of this request, staff researched guidance from the Virginia Department of Environmental Quality regarding the placement of fences within the RPA. The amended narrative along with staff’s research has resulted in further review and consideration of this request. Fences typically do not have significant areas of impervious surfaces, and therefore, if designed appropriately, do not impact the water quality functions of vegetated buffers. The applicant stated that no portion of the buffer inside or outside of the proposed fencing will be cleared. The proposed fence is to be installed within a portion of the buffer that is within maintained grass area and no vegetation is proposed to be removed as a part of this request. The fence shall be installed so that it does not inhibit or alter surface flow. The installation of the fence will result in land disturbance for the installation of the fence posts. Any disturbance within the 100-foot RPA requires that one (1) unit of vegetation for every 400 square feet of disturbance be placed back within in the buffer. As a part of this request, no Buffer Restoration Plan was submitted. Staff has provided a condition requiring that a Buffer Restoration Plan be submitted in accordance with the Riparian Buffers Modification and Mitigation Manual to offset the amount of generated land 14 disturbance, as would be required with any other exception request that generates disturbance. Staff found that the applicant’s request does satisfy the criteria as outlined in the UDO to grant an exception to the requirements of the CBPA Overlay District. Therefore, staff recommended approval of this application with the conditions noted in the staff report. Commissioner Hicks made a motion to approve this application with the conditions, seconded by Commissioner Rector and passed by a recorded vote of 7 to 0. STATUS REPORT: Mr. Goumas reported on the results of the April 21st City Council meeting. OTHER BUSINESS: Commissioner Staylor inquired about a similar application like at today’s meeting in the Hillpoint Farms area that the Commission had previously denied for a fence for a dog area. ADJOURNMENT: There being no further business, the meeting was adjourned. 15  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request, CUP2021-012, Crocker Funeral Home Expansion, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to allow an expansion of an existing funeral home. APPLICANT: Submitted by Nathan Lahy, Orbis Landscape Architecture, applicant, on behalf of Crocker Funeral Home, Inc., property owner. LOCATION: The subject property is located at 900 East Washington Street and 108 North Division Street and is situated at the northeast corner of East Washington Street and North Division Street. The property is further identified as Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D, Suffolk Voting Borough. PRESENT ZONING: All of the subject parcels are zoned B-1, Neighborhood Commercial. EXISTING LAND USE: The subject property contains a total of approximately 0.69 acres and consists of a one-story roughly 4,418 square foot funeral home building and parking areas. PROPOSED LAND USE: The applicant proposes to expand the existing funeral home, construct a new paved parking lot, stormwater management facilities, and landscaping. Funeral home uses are only permitted in the B-1, Neighborhood Commercial zoning district, through the approval of a Conditional Use Permit. SURROUNDING LAND USES: North: Residential dwellings and vacant parcels zoned RM, Residential Medium. West: Residential dwellings zoned RM, Residential Medium. South: Residential dwellings and vacant parcels zoned B-1, Neighborhood Commercial zoning district, and RM, Residential Medium, East: Vacant parcels and residential dwellings zoned B-1, Neighborhood Commercial zoning district. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this property as being part of the Central Growth Area, Core Support use district. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA). 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 June 11, 2021. CASE HISTORY: The Suffolk City Council at their meeting of December 20, 2017, adopted an ordinance to amend the Unified Development Ordinance, text amendment OTA2017-004, to allow Planning Commission June 15, 2021 CUP2021-012 Page 2 of 6 funeral home uses in the B-1, Neighborhood Commercial zoning district, with the approval of a Conditional Use Permit. Following the adoption of this text amendment, the subject property obtained a Conditional Use Permit, CUP2017-007, to allow the expansion of the existing funeral home, which was granted by the Suffolk City Council on February 21, 2018. The approved expansion was not established within two (2) years of the approval date of the original CUP. CUP2017-007 expired on February 21, 2020. In accordance with Section 31-306 (f) (5) of the UDO, if the approved use has not been established within a period of two (2) years, the CUP shall terminate and become null and void. The approval of a new CUP, which is considered by the Suffolk Planning Commission and City Council, shall be required prior to any subsequent reinstatement of the use. Please also be advised that the rear parcel subject to the current CUP request, T.M. 35F*LA*22B, was previously zoned RM, Residential Medium Density zoning district. City Council approved a concurrent Rezoning application, RZN2017-001, to rezone the rear parcel to the B-1, Neighborhood Commercial zoning district, at the same time as the original CUP for the funeral home expansion. Rezoning applications do not expire; thus, the rear parcel remains zoned B-1. STAFF ANALYSIS ISSUE: The applicant is requesting a Conditional Use Permit to expand an existing funeral home located on three (3) parcels at the corner of North Division Street and East Washington Street. Crocker Funeral Home, Inc. is a minority owned full-service funeral home organization that began in 1909. The business has operated at the current location for over thirty-five (35) years. The total site area is approximately 0.69 acres and all three (3) of the subject parcels are zoned B-1, Neighborhood Commercial zoning district. The proposed expansion will include a one-story approximately 4,282 square foot addition to the north of the current building in order to increase the overall building footprint to roughly 8,700 square feet. The building addition is proposed to include a 100 seat chapel, lobby, fellowship hall, embalming room, office space and vehicle garage. The improvements also include a twenty-three (23) space paved parking lot accessed from North Division Street and two (2) additional parking spaces to be located in front of the vehicle garage that is also accessed from North Division Street. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a funeral home use within the B-1, Neighborhood Commercial zoning district. 2. In accordance with Section 31-306 (f) (5) of the UDO, if the approved use associated with a Conditional Use Permit has not been established within a period of two (2) years, the CUP shall become null and void and a new CUP is required to establish the use. 3. Section 31-606 of the UDO requires a minimum of one (1) parking space for every four (4) seats in a funeral home chapel. The Crocker Funeral Home chapel is planned to consist Planning Commission June 15, 2021 CUP2021-012 Page 3 of 6 of 100 seats; therefore, the proposed twenty-three (23) space parking lot and additional two (2) parking spaces proposed in front of the vehicle garage will satisfy this requirement. This matter will be reviewed at the time of site plan application. 4. In regard to public water and sanitary sewer, adequate water and sewer are available at this site. The Department of Public Utilities has advised that a City water model will need to be obtained at the time of site plan review in order to determine if there is adequate fire flow available for the building. Sanitary sewer flows from this parcel will go to the future HRSD Pump Station #160. Based on the information provided, the Department of Public Utilities has no objections to this request. 5. With respect to stormwater management, the applicant proposes to address on-site stormwater management through the use of underground storage facilities beneath the proposed parking lot. The applicant has been advised that a geotechnical investigation for this site is recommended to confirm performance of the proposed underground BMP. Inadequate soil or groundwater conditions may require an alternate type of storm water treatment that could affect the proposed site layout. Stormwater management facilities will be reviewed at the time of site plan application. 6. With regards to transportation, the Department of Public Works, Traffic Engineering, has no concerns with the proposed expansion or the proposed points of egress/ingress to the site along North Division Street. Additionally, there are no concerns regarding peak a.m. and p.m. traffic volumes in the surrounding area. 7. Pursuant to Section 31-306 of the UDO, a Conditional Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria, 31-306(c) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council 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 this Ordinance, and any applicable supplemental use standards as set forth in Article 7 of this Ordinance. As previously stated, in accordance with Section 31-406, the proposed use of the property as a funeral home is permitted as a conditional use in the B-1, Neighborhood Commercial zoning district. The proposed site modifications will require site plan review, at such time compliance with regard to all design and improvement standards will be verified. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The Planning Commission June 15, 2021 CUP2021-012 Page 4 of 6 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 shall 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. As previously stated, this funeral home use has existed on the subject property for over thirty-five (35) years and has had no known adverse impacts on the surrounding area in regard to health or safety. The East Washington Street corridor is comprised of a mixture of non-residential, neighborhood-scale businesses and a variety of residential uses oriented close to the street. The proposed building expansion and associated improvements are in keeping with the existing character and scale of development within the surrounding area. Additionally, the required screen landscaping and setbacks of the Suffolk Corridor Overlay District (SCOD) will ensure that an appropriate separation/buffer will be provided between the subject property and the adjacent residence to the north. Lastly, the proposed use and design of the project is in keeping with the types of uses and Place Type designs that are encouraged within the Core Support use 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. Traffic Engineering expressed no concerns in regard to this CUP request. The two (2) proposed points of ingress/egress to the new parking lot and vehicle garage located on North Division Street are very similar to the existing ingress/egress points on the property. No entrances are proposed on East Washington Street. The majority of the funeral home services will continue to occur between 10:00 a.m. and 2:00 p.m.; thus, an increase in peak a.m. and p.m. traffic volumes is not anticipated. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. All operations associated with the proposed funeral home occur within a completely enclosed building and are not anticipated to create any vibration, noise, odor, dust, smoke or gas that would be noxious or offensive to surrounding properties. 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. Planning Commission June 15, 2021 CUP2021-012 Page 5 of 6 The proposed use is not expected to be injurious to the use or enjoyment of adjacent or nearby properties as this use is consistent with other non-residential uses that are allowed in the East Washington Street corridor. The proposed site modifications include an improved landscape buffer between the subject properties and the adjacent residence to the north. Additionally, the proposed changes are expected to improve the property’s value and services offered to the community. 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 granting of a CUP to expand the existing Crocker Funeral Home will help to maintain a mix of non-residential and residential land uses in this area of the Core Support use district. This project will not impede the orderly development 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. Funeral homes are subject to state regulations and licensing requirements. As such, the continuation and expansion of this use should not be a detriment or endangerment to the public health, safety, morals, comfort or general welfare. 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. Public interest, general welfare, and public facilities should be not be negatively impacted by the proposed expansion of the existing funeral home at this location. 8. Please be advised that the applicant will be required to comply with all applicable requirements of the Uniform Statewide Building Code and obtain all required permits from the Division of Community Development. RECOMMENDATION In summary, staff finds that the proposal is consistent with the provisions of the 2035 Comprehensive Plan and the Unified Development Ordinance. Accordingly, staff recommends that Conditional Use Permit Request CUP2021-012 be approved subject to the following conditions. 1. This Conditional Use Permit is granted to expand a funeral home use at 900 East Washington Street and 108 North Division Street, Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D, as shown on Exhibit “B,” “Property Map.” Planning Commission June 15, 2021 CUP2021-012 Page 6 of 6 2. The applicant shall be responsible for ensuring compliance with all regulations applicable to operation of a funeral home as required by the Virginia Board of Funeral Directors and Embalmers. Attachments:  General Location Map  Zoning/Land Use Map  Project Narrative  Conceptual Site Layout Plan  Conceptual Elevations  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  GENERAL LOCATION MAP CUP2021-012 _ ^ Subject Property Central Growth Area ^ SUBJECT PROPERTY MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Esri, HERE, Garmin, (c) OpenStreetMapVILLAGE contributors, and the GIS user community User Name: Awood Date: 05/10/2021 1 0.5 0 1 2 3 Miles ±  ZONING / LAND USE MAP CUP2021-012 SUN SET AVE N 4TH ST ST OA K T ST EX BANK L PITA N CA RM N LL OYD ST ST ON VISI HALIF N DI B-1 AX ST ST Subject Property ST W ILLOW ST ON GT L ST IN PITA B-2 H AS S CA EW RM YD LO SL E AV N EY EE ST FR B-1 SD RM W N HI SIO TE IVI ST M AR ST SH WA LNU T RD ADA M SS T RLM User Name: Awood Date: 05/10/2021 190 95 0 190 380 570 Feet ±  Project Narrative Crocker Funeral Home 900 E. Washington Street Existing Conditions The existing site of Crocker Funeral Home, Inc. consist of three (3) parcels. These parcels include Tax Map Numbers: 35F*LA*22D (Account Number: 050668000), 35F*LA*22C (Account Number: 050669000) and 35F*LA*22B (Account Number: 051788000). These properties are located at the intersection of E. Washington Street and N. Division Street. The existing one-story +/- 4,418 square foot funeral home building is located on the parcel at 900 E. Washington Street; the two remaining parcels, 108 N. Division Street and an undressed parcel are both currently being used for paved and unpaved parking areas associated with the funeral home. The total size of these three (3) parcels is +/- 0.69 acres with existing B-1 zonings. Proposed Conditions Crocker Funeral Home, Inc. is a minority owned full-service funeral organization that has been in business since 1909. The business has been operating solely from this location (900 E. Washington Street) for more than thirty-five (35) years. The intention of this project is to expand the existing facility to allow the business to modernize, stay competitive within this field, and increase its ability to provide the services needed by their clients. By investing in and improving this property the business owners are making a statement that they intend to remain in this location for many years to come. The reason for requesting a conditional use permit for this property is to expand the existing funeral home facility. The use of the property is to remain a funeral home. A conditional use for this project was approved in 2017; however, the project was placed on hold are approval and the conditional use permit has since expired. The proposed development will include a one-story +/- 4,282 square foot addition to the existing funeral home building; this will increase the overall building footprint to +/- 8,700 square foot. This addition will include: a 100 seat Chapel, Lobby, Fellowship Hall, Embalming Room, Office Space, and Vehicle Garage. The proposed project will also include site improvements consisting of new parking lot, driveway from the garage to N. Division Street, associated storm water management facilities, and landscape plantings. The new parking area will include twenty-five (25) parking spaces. The facilities will continue to be operated by Crocker Funeral Home, Inc. All properties were rezoned to B-1 zoning at in 2017 when the previous use permit was approved. ALL SIGNAGE SHOWN WILL BE IN COMPLIANCE WITH CITY OF SUFFOLK SIGN REGULATIONS THIS EXHIBIT HAS NOT BEEN EVALUATED FOR THAT PURPOSE ORDINANCE NO. __________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO EXPAND A FUNERAL HOME, ON PROPERTY LOCATED AT 900 EAST WASHINGTON STREET AND 108 NORTH DIVISION STREET, ZONING MAP 35F, PARCELS LA*22B, LA*22C, and LA*22D; CUP2021-012; ACCOUNT NUMBERS 051788000, 05066900, AND 050668000 WHEREAS, Nathan Lahy of Orbis Landscape Architecture, agent, on behalf of Crocker Funeral Home, Inc., property owner, has requested a conditional use permit to expand an existing funeral home, 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 35F, Parcels LA*22B, LA*22C, and LA*22D, and which land is depicted on Exhibit “B,” “Property Map”; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", and Exhibit "B", "Property Map", 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 expand an existing funeral home, 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 funeral home, 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 expansion of a funeral home, in compliance with Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This Conditional Use Permit is granted to expand a funeral home use at 900 East Washington Street and 108 North Division Street, Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D, as shown on Exhibit “B,” “Property Map.” 2. The applicant shall be responsible for ensuring compliance with all regulations applicable to operation of a funeral home as required by the Virginia Board of Funeral Directors and Embalmers. 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 the applicant(s) and property owner(s), 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 the applicant(s) and property owner(s), 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: _______________________________________ William E. Hutchings, Jr., Interim City Attorney  Exhibit A RESOLUTION NO. 21-5-5 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2021-012 TO EXPAND A FUNERAL HOME, ON PROPERTY LOCATED AT 900 EAST WASHINGTON STREET AND 108 NORTH DIVISION STREET, ZONING MAP 35F, PARCELS LA*22B, LA*22C, AND LA*22D; ACCOUNT NUMBERS 051788000, 05066900, AND 050668000 WHEREAS, Nathan Lahy of Orbis Landscape Architecture, agent, on behalf of Crocker Funeral Home, Inc., 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 designated on the proposed Ordinance attached hereto and incorporated herein by reference; and, WHEREAS, the specific request is to permit expansion of a funeral home, 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, CUP2021-012, 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 CUP2021-012 CONDITIONS 1. This Conditional Use Permit is granted to expand a funeral home use at 900 East Washington Street and 108 North Division Street, Zoning Map 35F, Parcels LA*22B, LA*22C, and LA*22D, as shown on Exhibit “B,” “Property Map.” 2. The applicant shall be responsible for ensuring compliance with all regulations applicable to operation of a funeral home as required by the Virginia Board of Funeral Directors and Embalmers.  PROPERTY MAP EXHIBIT B CUP2021-012 N LL OYD ST ON VISI N DI 35F*LA*22B ST 35F*LA*22C ST 35F*LA*22D WILLO W ST N TO HING AS EW Subject Property LO SL ST YD S IV I SD ION ST E AV N EY EE W HI FR TE M AR SH RD User Name: Awood Date: 05/10/2021 90 45 0 90 180 270 Feet ±