Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JANUARY 18, 2022 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT KEVIN WYNE, AICP, INTERIM ASSISTANT DIRECTOR OF PLANNING 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, JANUARY 14, 2022. ARTHUR SINGLETON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION January 18, 2022 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, CUP2021-024, Growf Herbal Bar and Shop: submitted by Janay Brown, Growf, LLC, applicant, on behalf of EWS Properties III, 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 an Amusement/ Entertainment/Recreation Center, Indoor, on property located at 201 E. Washington Street, Zoning Map 34G18(A), Parcel 227. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core District. B. CONDITIONAL USE PERMIT REQUEST, CUP2021-025, Life Changing Ministry: submitted by Dr. Dana Cameron, Life Changing Ministry, applicant, on behalf of Lasir, 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 Place of Worship, small, under 6,000 square feet in main sanctuary, on property located at 600 W. Washington Street, Zoning Map 34G16(3)A, Parcel 4. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. 4. Old Business: A. Staff Report Presentation on the Proposed Capital Improvements Plan FY 2023-2032 5. New Business A. Status Report – City Council Meeting, December 15, 2021 Page 1  B. Status Report - Preliminary Plats Approved - None 6. Commissioner’s Comments 7. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION December 21, 2021 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, December 21, 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: Arthur Singleton, Chairman William Hutchings, Jr., City Attorney Anita Hicks Kevin Wyne, Interim Asst. Dir. of Planning Oliver Creekmore Amy Bocchicchio, Principal Planner Kittrell Eberwine Grace Braziel, Planner II Johnnie Edwards Brittany Colyer, Planner I Mills Staylor Catina Myrick, Administrative Analyst Gerald Goodman The meeting was called to order by Chairman Singleton and Commissioner Edwards opened with a prayer. The roll was called by Mr. Wyne 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 PLATS: FAMILY TRANSFER SUBDIVISION PLAT FTR2021-00007, submitted by H. Wayne Courtney of Courtney & Associates, P.C., applicant on behalf of Charlotte Ayers Langford, property owner, requesting a family transfer subdivision pursuant to 1 Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 63, Parcel 40*3, Holy Neck 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 Amy Bocchicchio, Principal Planner. Ms. Bocchicchio stated that this request is to create one (1) new parcel for Ms. Langford’s daughter, Charlotte Kirkman. The subject property is zoned A, Agricultural, and the proposed new lot and residue lot both meet the dimensional criteria for the underlying zoning district. The proposed new lot has over 400 feet of direct road frontage on Mineral Spring Road; therefore, an ingress/egress easement is not necessary. There is adequate area on the new proposed lot for a separate dwelling and drain field and the Health Department is supportive of the drain field location. A Deed of Gift was prepared in conjunction with this plat and included the required covenant that prohibits transfer of the property within ten (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 to 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. Speaking in favor of this application Witt Harper of Saunders & Ojeda, P.C. He asked 2 for the Commission’s approval of this request. Commissioner Hicks made a motion to approve this application, seconded by Commissioner Eberwine and passed by a voice vote of 7 to 0. FAMILY TRANSFER SUBDIVISION PLAT FTR2021-00008, submitted by J. Witt Harper, Saunders & Ojeda, P.C., applicant, on behalf of Emily M. Brooks, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance. The affected property is identified as Zoning Map 51, Parcel 66*C, Holy Neck Voting Borough, zoned A, Agriculture zoning district. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. The next item of business was introduced by the Chairman followed by a staff report by Grace Braziel, Planner II. Ms. Braziel stated that this request is to subdivide two (2) new parcels for her son, Kevin Brooks and her daughter, Donna Brooks Clark. The proposed parcel for Mrs. Brooks’ son and daughter will be 3.633 and 2.485 acres in size, while Ms. Brooks would retain 17.875 acres as the parent parcel. Donald Brooks and Emily Brooks received the subject property in 2010. Donald Brooks passed away in 2014, and the property was left to his wife, Emily Brooks. The grantees Kevin Brooks and Donna Brooks Clark have not previously received a family transfer parcel; thereby making them eligible for this request. The lot dimensions and building setback lines for the proposed new lots are consistent with the underlying agricultural zoning district and each parcel fronts along a publicly maintained right-of-way. Additionally, there is adequate area on parcels for a separate dwelling and drain field. A deed of gift 3 for each grantee has been prepared in conjunction with this plat which prohibits the transfer of the property within ten (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 Grantees and to 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. Speaking in favor of this application was Witt Harper of Saunders & Ojeda, P.C. He asked for the Commission’s approval of this request. Commissioner Staylor made a motion to approve this application, seconded by Commissioner Creekmore and passed by a voice vote of 6 to 0. (Commissioner Hicks absent for vote.) PUBLIC HEARINGS: CONDITIONAL USE PERMIT REQUEST, CUP2021-022, Early Resultz Daycare and Learning Center: submitted by Melvina Williams, Early Resultz Daycare and Learning Center, applicant, on behalf of Mountain View Bennett’s Creek LLC and Club Forest Bennett’s Creek, LLC, property owners, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, in order to amend the previously approved conditions pertaining to the establishment of a Daycare, and Child Day Center, on property located at 3215 Bridge Road, Suite 3B, Zoning Map 12, Parcel 12I. The purpose of this request is to grant a shift in the on-site location and increases in size and intensity development of Early Resultz Daycare and Learning Center (C05-16). The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district and Special 4 Corridor Overlay District (SCOD). The 2035 Comprehensive Plan designates this area as part of the 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 the applicant proposed to expand the size of the daycare center by an additional 1,200 square feet, for a total of 4,200 square feet being utilized for the daycare operation. The proposed addition would include additional classrooms and a breakroom for employees. The proposed expansion would allow for an increase in the total enrollment of children from 60 to 93 with ages ranging from six (6) week to twelve (12) years old. The current hours of operation are Monday through Friday from 6:00 am. to 6:00 p.m. and no change in the hours are proposed as a part of this request. The daycare currently has ten (10) full time employees and is anticipated to hire three (3) additional staff members to accommodate for the potential increase in enrollment. There is an existing fenced in playground area, consisting of 2,144 square feet, located in the adjacent side yard which would be utilized between the hours of 8:00 a.m. and 6:00 p.m. Per state regulations for commercial daycares, due to the size of the outdoor play area, the area will be limited to allow a maximum of 28 children at a time. The off-street parking requirements as outlined in the UDO, require that 12-17 parking spaces be provided in order to adequately serve the facility. Currently, there are 96 existing shared spaces 5 within the shopping center, in addition to 21 parking spaces behind the building for employees; therefore, adequate parking is available. The applicant is currently licensed through the Virginia Department of Social Services for the operation of a daycare and will be required to meet building code standards for the existing and proposed expansion, as well as obtain any necessary permitting through the Community Development Division. Staff reviewed the request to determine its compatibility with the criteria as outlined in the UDO as it pertains to requested conditional use permits. After review, staff found that the expansion of the daycare and learning center 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 Melvina & Karl Williams, property owners. They 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 7 to 0. EXCEPTION REQUEST, CEX2021-012, Hallstead Reserve: submitted by Ramsay Smith, Hallstead Apartment Investors LLC, applicant and property owner, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an 6 Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a pedestrian/recreational bridge to span the wetland area and associated walking trails to encroach into the 100-foot Resource Protection Area buffer, on property located at 2575 Pruden Boulevard, Zoning Map 25, Parcel 56*2. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner I. Ms. Colyer stated that the applicant is currently requesting an exception to the regulations of the CBPA Overlay District to encroach into the 100-foot RPA for the establishment of a 10-foot wide pedestrian/recreation bridge and associated pathways in order to provide connectivity between the northern and southern sides of the site to allow residents and maintenance works internal access to the site’s various amenities. The proposed pathways and pedestrian/recreational bridge would be limited to pedestrian and golf cart traffic only. It was noted that the pathways could be considered an exempt activity; however, the proposed use includes the use of motorized vehicles, such as the golf carts; therefore, the proposed use would not be an exempt activity. Currently, connections to both the northern and southern portion sections of the site are provided through an external roadway, Hallstead Blvd. This connection will lead to fewer pedestrian conflicts than what could reasonably be anticipated on Hallstead Blvd. The applicant has attempted to limit the impact to the 7 buffer area by providing the minimum width necessary to allow pedestrian traffic as well as golf cart traffic access. The paths are proposed to be constructed with No. 10 open-graded stone, which is considered a pervious surface. Additionally, to the greatest extent possible, the runoff will be directed to existing storm water retention basins before entering the channel. Staff placed a condition that bollards will be placed at both entrances of the pathways to ensure that the motorized vehicle use be limited to golf carts only. To mitigate for the proposed land disturbance of 2,968 square feet, the applicant proposed to place eight (8) units of vegetation back within the buffer. The vegetation proposed is consistent with the Riparian Buffer Modification and Mitigation Manual. Staff found that the applicant’s request does satisfy the criteria as outlined in the UDO to grant and exception to the requirements of the Chesapeake Bay Preservation Area Overlay District. 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 Nathan Diehl, Land Planning Solutions. He asked for the Commission’s approval of this request. 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 Hicks and passed by a recorded vote of 7 to 0. 8 CAPITAL IMPROVEMENTS PLAN: Tealen Hansen, Director of Finance, gave a presentation on the City’s Capital Improvements Plan for FY 2023-2032. STATUS REPORT: Mr. Wyne reported on the results of the November 17th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 9  MT: Hicks MT: Staylor MT: Hicks MT: Staylorr PLANNING COMMISSION 2ND: Eberwine 2ND: Creekmore 2ND: Edwards 2ND: Hicks MEETING TO: Approve TO: Approve TO: Approve TO: Approve December 21, 2021 w/conditions w/conditions VOTE: 7-0 VOTE: 6-0 VOTE: 7-0 VOTE: 7-0 FTR2021-007 FTR2021-008 CUP2021-022 CEX2021-012 PRESENT ABSENT YES NO YES NO YES NO YES NO 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 Goodman, Gerald X X Absent from vote X X Hicks, Anita X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2021-025, Life Changing Ministry, to establish a place of worship, small, under 6,000 square feet in main sanctuary. APPLICANT: Submitted by Dr. Dana Cameron, Life Changing Ministry, applicant, on behalf of Lasir, LLC, property owner. LOCATION: The affected property is located at 600 West Washington Street, Zoning Map 34G16(3)A, Parcel 4. The property is situated at the corner of North Broad Street and West Washington Street. PRESENT ZONING: CBD, Central Business District zoning district, and HC, Historic Conservation Overlay District. EXISTING LAND USE: There is an existing commercial tenant space that is approximately 1,500 square feet in size which is currently vacant. PROPOSED LAND USE: The applicant proposes to convert the existing tenant space into a place of worship, small, under 6,000 square feet in the main sanctuary. The applicant proposes 100 seats (either moveable or fixed) in the sanctuary. The church currently has about 60 members. SURROUNDING LAND USES: North: Residential dwellings zoned RM, Residential Medium Density zoning district. South: A mix of institutional and residential uses. Properties fronting on West Washington Street are zoned CBD, Central Business District, while properties further south not fronting on Washington Street are zoned RM, Residential Medium Density. East: A mix of commercial and residential uses zoned CBD. West: A mix of commercial and residential uses zoned CBD. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Mixed-Use Core Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA) and as an Intensely Developed Area (IDA). PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy of the staff report, was also sent on January 14, 2022. CASE HISTORY: The space was previously utilized as the Covenant House Empowerment Center, which was not classified as a small place of worship. Planning Commission January 18, 2022 CUP2021-025 Page 2 of 5 STAFF ANALYSIS ISSUE The applicant is requesting a Conditional Use Permit to establish a place of worship, small, under 6,000 square feet in main sanctuary, at 600 West Washington Street. The existing commercial building is approximately 1,500 square feet; roughly 900 square feet would be used for the sanctuary with 100 seats that either moveable or fixed, and approximately 600 square feet is comprised of multipurpose rooms, two (2) restrooms, a foyer, and office space. The applicant indicated that the normal service hours are Sunday School at 10 a.m., Worship Service at 11 a.m. and Wednesday evening Bible Study at 7 p.m. There is currently no plan to provide a day care at this property, and that use is not contained within this Conditional Use Permit request. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a place of worship, (small, under 6,000 square feet in the main sanctuary), within the CBD, Central Business District zoning district. 2. The UDO states that the purpose of the CBD district is to provide concentrated downtown civic, retail, service, office, residential and other uses. In addition, the downtown area presents opportunities for redevelopment, rehabilitation, and infill types of development. The proposed small place of worship complies with the recommended uses and goals for redevelopment in downtown. 3. This property is served by both public water and public sewer; no changes are currently proposed to the two (2) existing restrooms. The Department of Public Utilities has reviewed this application and has no objections to the conditional use permit request. 4. If the applicant plans to conduct any food preparation or cooking activities, or install kitchen facilities, approval from the Health Department would be needed. 5. Parking requirements outlined in the UDO require one (1) parking space per four (4) seats for a religious assembly use. As previously stated, this request is to allow for 100 seats in the main sanctuary. The rear of this site contains twenty (20) parking spaces, which can support 80 seats in the sanctuary. The Central Business District also allows on-street parking to be utilized to meet off-street parking requirements if needed; thus, the request for an additional 20 seats in the sanctuary is not an issue as there are more than five (5) on- street parking spaces nearby. The City’s Traffic Engineering Division has no concerns with this use at this location. 6. No land disturbance is proposed; thus, the Department of Public Works, Engineering Division, has no concerns for the proposed church use. 7. The applicant will be required to address any issues regarding occupancy of the building pertaining to the Building Code with the Division of Community Development. 8. Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a Conditional Planning Commission January 18, 2022 CUP2021-025 Page 3 of 5 Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria, 31-306(c) – As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council, and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a place of worship, (small, under 6,000 square feet in the main sanctuary), is a listed conditional use in the Central Business District, per the City’s Unified Development Ordinance. There are no supplemental use standards for places of worship set forth in Article 7 of the Ordinance. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The surrounding area is presently comprised of a mix of residential, commercial, and institutional uses. The addition of a small place of worship at the corner of South Broad Street and West Washington Street will be in keeping with the neighborhood and current and anticipated land uses. The scale of the proposed small place of worship is not expected to cause any adverse impacts to persons living in, working in, or driving through the neighborhood. Further, this use is proposed to occupy an existing vacant commercial tenant space, which should support continued visitation and activity in the downtown 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 City’s Traffic Engineering Division has no concerns with this use at this location. The existing parking lot has sufficient ingress/egress and there is adequate off-street and on-street parking to support the proposed use. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. Planning Commission January 18, 2022 CUP2021-025 Page 4 of 5 The proposed small place of worship should not produce excess vibration, noise, odor, dust, smoke, or gas. It is not anticipated that there will be any use attached with this activity which would have a noxious or offensive impact on the surrounding community. 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. As previously mentioned, the proposed institutional use is similar to and compatible with the surrounding land uses; thus, it should not diminish or impair the property values within the neighborhood. 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 the downtown Mixed Use Core Use District, which is already developed as a mix of residential and non-residential uses. The proposed place of worship should not impede the orderly development and improvement of the surrounding area. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The proposed 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. The public interest and welfare should not be compromised by the proposed use of a place of worship. The individual interests of persons within the neighborhood should not be adversely impacted by the proposed use. RECOMMENDATION Staff finds that the proposed place of worship, small, under 6,000 square feet in the main sanctuary, is appropriate for the existing vacant commercial tenant space located at 600 West Washington Street as this use is compatible with the surrounding land uses in the downtown area. This request meets the criteria for Conditional Use Permits set forth in Section 31-306 of the Unified Development Ordinance; therefore, staff recommends approval of CUP2021-025 with the conditions below and as noted in the attached resolution and ordinance: 1. This Conditional Use Permit is granted to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 600 West Washington Street, as shown on Exhibit Planning Commission January 18, 2022 CUP2021-025 Page 5 of 5 “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The applicant is required to comply with the Virginia Uniform Statewide Building Code. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed one hundred (100) moveable or fixed seats within the main sanctuary. 3. This property is located within the Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness. 4. A building permit review and approval for the change in use to a small place of worship, as well as the issuance of a new Certificate of Occupancy, will be required before commencement of the use. Attachments  General Location Map  Zoning / Land Use Map  Narrative Description of Proposed Use  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Floor Plan  GENERAL LOCATION MAP CUP2021-025 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: 11/24/2021 1 0.5 0 1 2 3 Miles ±  ZONING / LAND USE MAP CUP2021-025 SECOND AVE D ETTLE R PITCHK FIRST A BUTE ST VE D ST N BROA BREWE R AVE RM CBD Subject Property W WASH INGTON ST CAUSE Y AVE GITTIN GS S O-I T Y AVE AD ST E AVE BOSLE ME S AV RM S BRO LINDEN S A INT JA RC SMITH ST User Name: Awood Date: 11/24/2021 190 95 0 190 380 570 Feet ± ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A PLACE OF WORSHIP, (SMALL, UNDER 6,000 SQUARE FEET IN THE MAIN SANCTUARY), ON PROPERTY LOCATED AT 600 W. WASHINGTON STREET, ZONING MAP 34G16(3)A, PARCEL 4, ACCOUNT NUMBER 350639000; CUP2021-025 WHEREAS, Dr. Dana Cameron, Life Changing Ministry, applicant, on behalf of Lasir, LLC, property owner, has requested a conditional use permit for a place of worship (small, under 6,000 square feet in the main sanctuary) 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 34G16(3)A, Parcel 4, 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”, and Exhibit “C”, “Floor Plan”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2. Findings. Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a small place of worship 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 small place of worship 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 place of worship, (small, under 6,000 square feet in the main sanctuary), 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 establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 600 West Washington Street, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The applicant is required to comply with the Virginia Uniform Statewide Building Code. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed one hundred (100) moveable or fixed seats within the main sanctuary. 3. This property is located within the Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness. 4. A building permit review and approval for the change in use to a small place of worship, as well as the issuance of a new Certificate of Occupancy, will be required before commencement of the use. 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 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 Dr. Dana Cameron, Life Changing Ministry, applicant, on behalf of Lasir, LLC, 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: _______________________________________ William E. Hutchings, Jr., City Attorney  Exhibit A RESOLUTION NO. 22-01-02 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2021-025 TO ESTABLISH A PLACE OF WORSHIP, (SMALL, UNDER 6,000 SQUARE FEET IN THE MAIN SANCTUARY), ON PROPERTY LOCATED AT 600 W. WASHINGTON STREET, ZONING MAP 34G16(3)A, PARCEL 4, ACCOUNT NUMBER 350639000 WHEREAS, Dr. Dana Cameron, Life Changing Ministry, applicant, on behalf of Lasir, LLC, 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 place of worship, (small, under 6,000 square feet in the main sanctuary), 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, CUP2021-025, 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 CUP2021-025 CONDITIONS 1. This Conditional Use Permit is granted to establish a place of worship, (small, under 6,000 square feet in the main sanctuary), at 600 West Washington Street, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Floor Plan”. 2. The applicant is required to comply with the Virginia Uniform Statewide Building Code. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Department and shall not exceed one hundred (100) moveable or fixed seats within the main sanctuary. 3. This property is located within the Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness. 4. A building permit review and approval for the change in use to a small place of worship, as well as the issuance of a new Certificate of Occupancy, will be required before commencement of the use.  PROPERTY MAP EXHIBIT B CUP2021-025 D ST Subject Property N BROA 34G16(3)A*4 W WASH INGTON ST D ST S BROA User Name: Awood Date: 11/24/2021 60 30 0 60 120 180 Feet ±  EXHIBIT C Floor Plan 100 seats maximum. Final occupancy determined by Building Official. CUP2021-025  RESULTS OF THE CITY COUNCIL MEETING OF December 15, 2021 A. CONDITIONAL USE PERMIT REQUEST, CUP2021-020, Hosier Road Scrap Metal Approved Processing Yard: to establish a Junkyard/Salvage Yard, Recycling Center and Transfer w/conditions Station, on property located at 1177 Hosier Road, Zoning Map 44 Parcel 126C. B. CONDITIONAL USE PERMIT REQUEST, CUP2021-021, Quality Tires & Auto Care Approved LLC: to establish an automobile repair, minor and car wash, on property located at 351 N. w/conditions Main Street, Zoning Map 34G11(A) Parcel 87. C. ORDINANCE TEXT AMENDMENT, OTA2021-002, Adequate Public Facilities, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article Approved 6, Design and Improvement Standards, Section 31-601, Adequate Public Facilities.