Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR AUGUST 16, 2022 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT KEVIN WYNE, AICP, INTERIM DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT 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, AUGUST 12, 2022. ARTHUR SINGLETON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION August 16, 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, CUP2022-016, Dee’s Little Den Daycare: submitted by Deatrice Rabb-Green, Dee’s Little Den Daycare, applicant and property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Day Care (family day home, 5 to 12 children), on property located at 6205 Old Townpoint Road, Zoning Map 6A(4), Parcel 4. The affected area is further identified as being located in the Nansemond Voting Borough, zoned RC, Residential Compact zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. B. SUBDIVISION VARIANCE REQUEST, SBV2022-00002, 611 & 711 Factory Street: submitted by Ephraim Goodman, applicant, on behalf of Goodman Developers Inc., and Goodman Square LLC, property owners, in accordance with Sections 31-612(f), 31-612(c)(3), and Table 612-2 of the Unified Development Ordinance, to grant a variance from the connectivity requirements, as well as the maximum cul-de-sac length standards for the RU district. The subject property is located at 611 and 711 Factory Street, Zoning Map 35H(3), Parcels X14, X*14A, and X17. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned B-2, General Commercial zoning district, and RU, Residential Urban zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. C. ORDINANCE TEXT AMENDMENT, OTA2022-004, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 4, Zoning, Section 31-406, Use Regulations, Table 406-1, Principal Uses Permitted in Zoning District and Article 6, Design and Improvement Standards, Section 31- 602, Design Standards. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. Page 1 4. Other Business A. *Minor Subdivision *Proposed Item for Closed Session 5. Old Business 6. New Business A. Status Report - City Council Meeting, July 20, 2022 and August 3, 2022 B. Status Report - Preliminary Plats Approved - None 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION July 19, 2022 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, July 19, 2022, 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 John Rector, Vice-Chairman Kevin Wyne, Interim Director of Planning Kittrell Eberwine and Community Development Oliver Creekmore Keith Cannady, Senior Planner Johnnie Edwards Joshua Bateman, Senior Planner Gerald Goodman Brittany Colyer, Planner II Mills Staylor Erin Dears, Planner I Anita Hicks Catina Myrick, Administrative Analyst 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. ELECTION OF OFFICERS: Arthur Singleton was nominated as Chairman. This nomination and election of Arthur Singleton as Chairman of the Suffolk Planning Commission was passed by a voice vote of 8 to 0. 1 John Rector was nominated for Vice-Chairman. This nomination and election of John Rector as Vice-Chairman of the Suffolk Planning Commission was passed by a voice vote of 8 to 0. Chairman Singleton appointed Vice-Chairman Rector, Commissioner Edwards, Commissioner Hicks and Commissioner Staylor to serve on the Committee on Ordinances, with John Rector serving as Chairman. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. PUBLIC HEARINGS: REZONING REQUEST, RZN2022-010, Suffolk Downtown Library: submitted by Gerry Jones, Director of Capital Programs and Building, applicant, on behalf of City of Suffolk, property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone the official zoning map of the City of Suffolk to change the zoning from RM, Residential Medium Density zoning district, to CBD, Central Business District zoning district, for property located at 114 Lee Street, Zoning Map 34G17(A), Parcels 176, 182 and 188. The affected area is further identified as being located in the Suffolk Voting Borough, zoned RM, Residential Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. The first item of business was introduced by the Chairman followed by a staff report by Erin Dears, Planner I. Ms. Dears stated that this rezoning request includes three parcels that, along with several other adjacent properties, will be utilized for Suffolk’s New Downtown Library which will include the library building, associated parking, 2 sidewalks, and utilities. Lee Street will be redesigned and converted to a one-way street to facilitate vehicular access for a variety of public and staff functions. Parking will be located along Lee Street as well as to the rear of the building. As described in Suffolk’s Downtown Master Plan, the library will front along W. Washington Street with the rear of the library having a neighborhood presence with accessible outdoor activity spaces that support the library’s services. The library is a key element of public investment to encourage continued redevelopment in the downtown area and as such meets the criteria as set forth in the UDO as the rezoning from RM to CBD includes promoting a quality pedestrian friendly environment in the core of the community. Based on this review, staff found that this rezoning request is consistent with the principles of the Suffolk Downtown Master Plan, the 2035 Comprehensive Plan, as well as the UDO and as such, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Gerry Jones, Director of Capital Programs & Buildings. There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2022-015, Suffolk Festival Event Park: submitted by Gerry Jones, Director of Capital Programs and Building, applicant, on behalf of the City of Suffolk, property owner, in accordance with 3 Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a public park, on property located at 219 W. Washington Street and 101 S. Saratoga Street, Zoning Map 34G18(A), Parcels 361, 362, 363, 364, 365, and 368 and Zoning Map 34G17(A), Parcels 168 and 169. 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. The next item of business was introduced by the Chairman followed by a staff report by Erin Dears, Planner I. Ms. Dears stated that the applicant proposed to establish a park approximately 2 acres in total, with two entrances, one off South Saratoga and the other off Jackson Street; there will be adequate parking between the 40 spaces provided as well as on street parking in addition to other city owned lots nearby. This park will book end the block with the new downtown library. The park will be utilized year round for concerts and farmer markets, among other events. The hours of the park will be 9am-9pm Sunday through Thursday and 9am -10pm on Friday and Saturdays. The park will not diminish or impair property values along W. Washington Street, rather with the City’s financial commitment to advance investment in public infrastructure downtown through such projects as the Suffolk Festival Event Park, redevelopment in the area will increase. The Suffolk Festival Event Park recently went before the Historic Landmarks Commission and obtained a Certificate of Appropriateness. In addition to meeting all HLC design guidelines, staff found this 4 conditional use permit meets criteria as found in the UDO and as such the public park will improve the overall appearance of W. Washington Street through the incorporation of green space while providing the public with a multi-functional gathering space. This particular project aims to implement one of the objectives detailed in Suffolk’s Downtown Master Plan by creating new public spaces that add vitality to downtown. Based on this review, staff recommended approval for this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Gerry Jones, Director of Capital Programs & Buildings. There being no speakers in opposition, the public hearings were closed. Commissioner Staylor made a motion to approve this application with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. REZONING REQUEST, RZN2021-020, (Conditional), Port 460 Logistics Center: submitted by Dave France, Kimley-Horn, on behalf on Mark Matan, Matan Companies, LLP, on behalf of Murphys Mill Commons LLC and Jesse D. Williams, property owners, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district and A, Agriculture zoning district, to M-2, Heavy Industrial District zoning district, for property located at 2925 Pruden Boulevard, Zoning Map 25 Parcels 57, 57A, 57B, 57C, 57E and Zoning Map 24 Parcel 33 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, Suburban Use District. 5 The next item of business was introduced by the Chairman followed by a staff report by Keith Cannady, Senior Planner. Mr. Cannady stated that this rezoning request proposed to rezone an approximately a 540-acre site from B-2, General Commercial and A, Agriculture to M-2 Heavy Industrial for the development of approximately 4.7 million square feet of warehouse space. The B-2 zoned portion of the site is proposed to be developed with approximately 24,000 square feet of commercial space with a mix of service retail uses such as restaurants, a gas station, and convenience stores. The warehouse buildings will be served by an internal road network to include 3 and 4-lane public roads connecting the various parcels. External access points to the site include a main entrance from Pruden Boulevard with additional access points from Pitchkettle Road and Pruden Boulevard. The commercial uses will be located along the Pruden Boulevard frontage of the site within Phase One. As a conditional rezoning, this application includes a voluntary proffer agreement that identifies conditions that must be implemented if the request for rezoning is approved. The proffer agreement identifies the following conditions: 1) The applicant agrees to proffer out a number of permitted and conditional uses in the M-2 Heavy Industrial Zoning District. 2) The applicant also agrees to implement the transportation infrastructure improvements identified in the Transportation Improvement Analysis (TIA) report. 3) Lastly, the applicant agrees to make financial contributions totaling $6,607,500 towards the cost 6 of a number of transportation infrastructure improvements to be undertaken by the City of Suffolk. The traffic impact analysis identifies four access points for the project: a new entrance road (identified as Road A) that would extend through the site from Pruden Boulevard to Pitchkettle Road, a new entrance road (identified as Road B) with limited access also from Pruden Boulevard, and a new entrance road (identified as Road F) with full access at Pitchkettle Road. The site is expected to generate 604 AM peak hour trips and 699 PM peak hour trips at full build-out. In total, at full operation the M-2 uses are expected to generate 8,944 total vehicular trips per day. The TIA also recommended a Truck Route Designation and Signage Program to deter truck traffic from using Pitchkettle Road when traveling between US Route 58, the Port Logistics Center, and/or Pruden Boulevard (US Route 460). The TIA identifies a schedule for implementation of the transportation improvements based on the four phases of site development that are proposed for the project. Based on the conclusions and recommended transportation improvements identified within the TIA and the proffered conditions offered by the applicant, the Traffic Engineering Division recommended approval of this rezoning request. This application has been reviewed for compliance with the Suffolk 2035 Comprehensive Plan and the UDO. Based on our analysis, staff recommended approval for the following reasons: 1) The proposed rezoning is located within the City’s Central Growth area thus promoting concentrated development. 2) 7 The proposal is located in close proximity to existing public utilities and services providing for the efficient and effective delivery of City services. 3) The proposed project has direct access to major transportation routes. 4) The proposed development is projected to provide 2,600 jobs during the construction phase and over 9,000 long- term employment opportunities. 5) The proposed development will potentially increase the number of manufacturing jobs. 6) The proposed rezoning would balance out the more frequent residential rezonings that have been more prevalent recently. Additionally, this request complies with the locational criteria and purpose for the M-2 and B-2 zone districts as specified in the UDO. The proposed M-2 uses have direct access to arterials and/or major collectors and they are located on a site of sufficient size to maintain compatibility with surrounding uses. The proposed B-2 uses are located along arterials and arterial and/or collector intersections. The departments of Public Utilities, Public Works and Fire have no objections to this rezoning. Traffic Engineering reviewed the Traffic Impact Analysis report submitted with the application, and after collaboration with the developer, determined that the recommended improvements that were proffered are appropriate and they will enable the area to maintain acceptable levels of service. Therefore, staff recommended approval of this application with the proffered conditions. The public hearing was opened and speaking in favor of this application was Karl 8 Morris, Matan Companies. Also, speaking in favor of this application was Dave France, Kimley–Horn and Associates. Also, speaking in favor of this application was Barbara Nelson, Vice-President of Development and Transportation Policy of the Port of Virginia. Speaking in opposition was Witt Harper, Saunders & Ojeda, 705 W. Washington Street, Suffolk, VA. He advised that NSA have concerns related to the safety, traffic, stormwater management, etc. They asked for the Commission to table this application. Also, speaking in opposition was Debbie Russell, Head of NSA. She expressed their concerns for the safety and well-being of the students and staff. Also, speaking in opposition was Mr. Taylor Harrell, NSA Board of Trustees. Also, speaking in opposition was Dexter Casterlow, NSA Board of Trustees. Also, speaking in opposition Tom Cox, NSA Board of Trustees. He stated that said potential improvements to Route 460 would take land from the school, which would impact its athletic facilities, including the football field, track and tennis courts. Also, without another entrance to the school off of Pitchkettle Road or Kings Fork Road, it would make it more difficult to safely access the campus. Commissioner Hicks made a motion to allow an additional 40 minutes each for the opponents and proponents to speak, seconded by Commissioner Rector and passed by 9 a voice vote of 8 to 0. Also, speaking in opposition was Denise Murden of Kings Fork Farms. She asked for the Commission to table this application. Also, speaking in opposition was Jacqueline Brooks, Manning Road, Suffolk, VA. Also, speaking in opposition was Christopher Dove, 852 Colonel Meade Drive, Suffolk, VA. Also, speaking in opposition was Ava Hardy of Westhaven Lakes. Also, speaking in opposition was Dr. Glenn Chase, 3372 Pruden Blvd., Suffolk, VA. Also, speaking in opposition was Kelly Hengler. Also, speaking in opposition was Ms. Erin of Pitchkettle Point, Suffolk, VA. Also, speaking in opposition was Andrea Parodi, 2655 River Watch Drive, Suffolk, VA. Also, speaking in opposition was Maryanne Persons, 1247 Murphy’s Mill Road, Suffolk, VA. She expressed concerns about the traffic in the area. Also, speaking in opposition was Charles Bishton, 5081 Gardner Lane, Suffolk, VA. Speaking in rebuttal was Dave France, Kimley-Horn & Associates. Also, speaking in rebuttal was Carol Collins, Transportation Planner with Kimley- Horn & Associates. He stated that their proposal reduces the amount of traffic on Route 460 compared to commercial uses. He also said the area around Routes 58 10 and 460 where the project would be located would support the movement of freight in all directions. Also, speaking in rebuttal was Karl Morris, Matan Companies. Also, speaking in rebuttal was Jesse Williams, property owner, 144 General Early Drive, Suffolk, VA. He stated that he agrees on the need for Route 460 road improvements. He said he hasn’t seen increased truck traffic resulting from the Virginia Regional Commerce Park across Route 460 from the proposed project site, and suggested that any trucks coming to and from the project site would not go further down and even get to the school. He said he believes an industrial use for the site is best because there are already many residential properties being built in the city. There being no more speakers, the public hearing was closed. Commissioner Rector inquired about the widening of Route 460. Robert Lewis, Director of Public Works, stated that he expected there would be little to no right-of-way acquisitions that would be needed for the road improvements. He said at this point, without any design work complete, it’s difficult to say whether any easements would be needed for construction, drainage or utilities. He believes the road could be built in the existing right-of-way, most assuredly with minimal impacts. 11 After discussion by the Commission, Commissioner Staylor made a motion to deny this application, seconded by Commissioner Rector and failed by a recorded vote of 3 to 5. Commissioner Hicks made to approve this application with the proffers, seconded by Commissioner Edwards and passed by a recorded vote of 5 to 3. REZONING REQUEST, RZN2022-005, (Conditional), Glenwood Subdivision: submitted by Bob Arnette, South Suffolk Development Group, LLC, applicant and contract purchaser, on behalf of Pat and Antoinette Cotturone and White Marsh Development, LLC, property owners, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone the official zoning map of the City of Suffolk to change the zoning from A, Agricultural zoning district, and RR, Rural Residential zoning district to RU, Residential Urban zoning district, for property located at 1355 White Marsh Road, Zoning Map 35, Parcels 17 and 18. The affected area is further identified as being located in the Cypress Voting Borough, zoned A, Agricultural zoning district, and RR, Rural Residential zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support Use District. The next item of business was introduced by the Chairman followed by a staff report by Joshua Bateman, Senior Planner. Mr. Bateman stated that this is a conditional rezoning request to change the zoning from A, Agricultural zoning district, and RR, Rural Residential zoning district to RU, Residential Urban zoning district. The purpose of this rezoning is to allow for 170 dwelling units that would be either detached single-family units, attached single-family units, quadplexes or tenplexes, as proffered by the applicant. The subject property is located within the Central Growth 12 Area, Core Support Use District; however, the property immediately to the south is located in the Inner-Ring Suburban Use District. The Core Support district recommends 13-24 units per acre whereas the Inner-Ring Suburban district recommends 6-12 units per acre. This rezoning request would result in a gross density of roughly 4.9 units per acre. While the proposed density is well below the recommended density for the Core Support Use District, this site is located in close proximity to established medium density neighborhoods and is near rural undeveloped property, thus it lends itself to being suitable for a lower density than prescribed by the Core Support Use District. The requested RU (Conditional) zoning district and proffered unit count are found to be compatible to surrounding development patterns. The proposed rezoning is more compatible with the Comprehensive Plan than the existing RR and A zoning designations for the property. The rezoning would add new housing stock south of downtown, which would aid in supporting commercial businesses downtown. Lastly, quadplexes and tenplexes are not currently present in this area, hence this would offer new opportunities for this form of development. The applicant proffered two conditions in support of this request. As previously discussed, the first proffer indicated that the developer would construct no more than 170 total residential units that would consist of either detached single-family units, attached single-family units, quadplexes or tenplexes. Secondly, the developer proffered traffic 13 improvements as outlined in their Traffic Impact Study, which have been reviewed and approved by the Department of Public Works, Traffic Engineering Division after collaboration with the applicant. With regards to impacts on public schools, the subject property is currently assigned to Booker T. Washington Elementary School, John F. Kennedy Middle School, and Lakeland High School. There is capacity at all school levels to absorb the impacts of the proposed rezoning. The Departments of Public Works Engineering and Public Utilities expressed no concerns regarding the rezoning. In summary, the proposed rezoning of parcels 35*17 and 35*18 from the A, Agricultural zoning district, and RR, Rural Residential zoning district, to the RU, Residential Urban zoning district (Conditional), is consistent with the policies of the 2035 Comprehensive Plan. The proposed density of roughly five units per acre is expected to be compatible to the surrounding land uses and will offer more diverse housing options in this area south of downtown. Therefore, staff recommended approval of this application with the proffers noted in the staff report. The public hearing was opened and speaking in favor of this application was Grier Ferguson, 332 W. Constance Road, Suffolk, VA. Speaking in opposition was Justin Toby, 1752 White Marsh Road, Suffolk, VA. He expressed his concerns about the truck traffic in the area. Speaking in rebuttal was Grier Ferguson. 14 There being no more speakers, the public hearing was closed. Commissioner Creekmore made a motion to approve this application with the proffers, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. REZONING REQUEST, RZN2022-006, Linwood – Turlington Road Rezoning: submitted by Grady Palmer, Williams Mullen, agent, on behalf of the Jonathan Ridout, HH Hunt Corporation, on behalf of HHH Land, LLC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, in order to amend the previously approved conditions pertaining to the establishment of Millstone Subdivision, on property located at Zoning Map 44, a portion of Parcels 8V and 8P. The purpose of this request is to amend the proffers to increase the number of dwelling units by 42. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned RLM, Resident Low-Medium Density 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 Joshua Bateman, Senior Planner. Mr. Bateman stated that this is a conditional rezoning request to amend the previously approved proffered conditions associated with a portion of a prior rezoning in 2006 for a subdivision formerly known as Millstone. No change is proposed to the existing RLM, Residential Low-Medium Density zoning classification of the property. The applicant proposed to amend the previously approved proffers in order to increase the allowable number of single- family homes from 105 units to 147 units for a net increase of 42 units. The proposed development will be known as Linwood. The proposed gross density as a result of this rezoning would be roughly 2.27 units per acre and the proposed net density after 15 subtracting out critical area is roughly 2.43 units per acre. This request aligns with the recommended density in the Suburban Use District of 1-5 units per acre. The surrounding area on Turlington Road is comprised of low density single-family lots that are not located within a major subdivision, as well as several major subdivisions developed at similar densities to the current request. Recently approved major subdivisions include Millstone (which is directly adjacent and to the west of this property), Meadows Landing, Edgewater, and Brewers Meadow South. This request for a proffer amendment is expected to continue predictable and orderly development in the surrounding area. The applicant provided a conceptual layout. The design will be reviewed at the time of engineering plan review. The Departments of Public Works Engineering and Public Utilities expressed no concern regarding the proposed increase of 42 units. Public Works, Traffic Engineering, reviewed the Traffic Impact Assessment provided by the applicant and determined that no negative impacts are anticipated to surrounding roadways and only turn lanes will be needed, which has been proffered. With regards to impacts on public schools, this site is currently assigned to Southwestern Elementary School, Forest Glen Middle School, and Lakeland High School. In accordance with Section 31-601 of the UDO, the proposed increase of 42 single-family dwellings would generate 8 elementary school students, 4 middle school students, and 5 high school students. The elementary and high school 16 levels have capacity to absorb the additional students; however, at the middle school level there would be a deficit of 3 students. The FY2023-FY2032 Capital Improvement Plan includes a replacement project for Forest Glen Middle School that is projected to increase the school’s current capacity. The total cost for mitigating the impacts to the middle school is $126,985.53. Once this contribution is divided up among all 147 total dwelling units, this equates to a contribution of $863.84 per dwelling unit. The applicant has voluntarily proffered this amount in support of their request. Therefore, impacts to public schools will be properly mitigated. In summary, the proposed conditional rezoning for the purpose of amending the previously approved proffers for Zoning Map 44, a portion of Parcels 8V and 8P, is found to be consistent with the 2035 Comprehensive Plan and the UDO. More specifically, the proposed increase of 42 single-family dwelling units for a total of 147 single-family dwelling units will result in an appropriate density for the existing RLM, Residential Low-Medium Density zoning district, and the Suburban Use District. Furthermore, this development will be in keeping with the existing and future land use patterns for the area. Therefore, staff recommended approval of this application with the proffers noted in the staff report. The public hearing was opened and speaking in favor of this application was Grady Palmer, Williams & Mullen. Also, speaking in favor of this application was Phillip Martin of HH Hunt. 17 There being no speakers in opposition, the public hearing was closed. Commissioner Hicks made a motion to approve this application with the proffers, seconded by Commissioner Goodman and passed by a recorded vote of 8 to 0. EXCEPTION REQUEST, CEX2022-009, 4298 Pontiac Circle: submitted by Frederick Wissen, applicant and property owner, on behalf of Trinidine Wissen, 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 the installation of a fence to encroach into the 100-foot Resource Protection Area buffer, on property located at 4298 Pontiac Circle, Zoning Map 17A, Parcel 12. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RE, Rural Estate zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner II. Ms. Colyer stated that the applicant proposed to construct a 350 linear foot aluminum fence, of which 205 linear feet will be located within the 50-foot landward portion of the buffer. No impacts to the 50-foot seaward portion of the buffer are proposed and the fence would be placed within a maintained grassed area. No vegetation is proposed to be removed as a part of this request. To mitigate for the 37 square feet of disturbance for fence posts, the applicant submitted a Buffer Mitigation Plan which depicts one (1) unit of vegetation to offset the impacts of the new impervious cover. The vegetation proposed is consistent with the Riparian Buffer Modification and Mitigation Manual. The proposed fence will be installed in 18 areas outside of the buffer where able, and will be installed in a manner that does not alter or inhibit surface flow. 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 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 Frederick Wissen, property owner. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed. Commissioner Rector made a motion to approve this application with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 7 to 1. ORDINANCE TEXT AMENDMENT, OTA2022-003, Exception Requests for Fences: initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 4, Zoning, Section 31- 415 Chesapeake Bay Preservation Overlay District (CB), Section 31-415(d) Development Criteria for Resource Protection Areas. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner II. Ms. Colyer stated that this ordinance text amendment is to make amendments to Section 31-415(d) Development Criteria for Resource Protection Areas, specifically as it pertains to the review procedures for fences within the Resource Protection Area. Presently, fences are defined as accessory structures 19 and; therefore, must be reviewed as an Exception Request, which requires a Public Hearing and final approval by members of the Planning Commission. At a minimum, the applicants are required to provide a survey showing the placement of the fencing, demonstrate that the fencing will be installed in a manner that does not alter or inhibit water flow, and provide a buffer mitigation plan to offset any disturbance associated with the installation of the fence. The proposed changes would allow for fences that encroach within the RPA to be reviewed through an administrative process or Encroachment Application, rather than a Public Hearing process or Exception Request. As outlined in the design requirements, the applications would still be reviewed based on the minimum criteria that staff currently request as a part of the Exception Application. The only change would be that the application would be handled administratively, rather than through a public hearing process. Thereby, reducing the amount of review time for staff and the applicants. Kevin Wyne noted that the City Attorney’s office noted some additional minor changes and one additional change to subsection (c) to delete the words “Buffer Mitigation Plan” and replace it with “minor water quality impact assessment”. Staff recommended approval of this ordinance text amendment with the additional amendments made by the City Attorney’s office. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. 20 Commissioner Edwards made a motion to approve this ordinance text amendment with the amendments from the City Attorney’s office, seconded by Commissioner Goodman and passed by a recorded vote of 8 to 0. CONDITIONAL USE PERMIT REQUEST, CUP2022-002, Hosier Road Shooting Range: submitted by Jack Claude, Hoggard-Eure Associates, applicant, on behalf of Kevin Glenn, 1255 Hosier Road LLC, Hosier Road Associates II, LLC and Hosier Road Associates 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 a shooting range, on property located at 1255 Hosier Road, Zoning Map 44, Parcels 126 and 127 and Zoning Map 45, Parcel 21. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, Heavy Industrial District zoning district and A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Rural Agriculture Use District. CONDITIONAL USE PERMIT REQUEST, CUP2022-014, Hosier Road Private School: submitted by Jack Claude, Hoggard-Eure Associates, applicant, on behalf of Kevin Glenn, Hosier Road Associates II, LLC and Hosier Road Associates 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 a school, private, on property located at 1444 Hosier Road, Zoning Map 44, Parcel 127 and Zoning Map 45, Parcel 21. The affected area is further identified as being located in the Cypress Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. The next items of business were introduced by the Chairman. Chairman Singleton advised that the Commission tabled these items at their meeting on June 21st. Tom Butler advised that they met with the Skeetertown Civic League and City officials. He advised that they are willing to help the community and support the churches in any way they can. 21 Randy Skeeter, Skeetertown Civic League, advised that they are no longer in opposition to the shooting range. Commissioner Eberwine made a motion to approve CUP2022-02 with the conditions, seconded by Commissioner Staylor and passed by a recorded vote of 7 to 1. Commissioner Creekmore made a motion to approve CUP2022-14 with the conditions, seconded by Commissioner Eberwine and passed by a recorded vote of 7 to 1. NEW BUSINESS: Commissioner Rector made a motion to initiate an ordinance text amendment in reference to the Central Business District, seconded by Commissioner Edwards and passed by a voice vote of 8 to 0. STATUS REPORT: Mr. Wyne reported on the results of the June 15th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 22  MT: Hicks MT: Staylor MT: Staylor MT: Hicks PLANNING COMMISSION 2ND: Creekmore 2ND: Hicks 2ND: Rector 2ND: Edwards MEETING TO: Approve TO: Approve TO: Deny TO: Approve July 19, 2022 w/conditions w/conditions w/proffers VOTE: 8-0 VOTE: 8-0 VOTE: 3-5 VOTE: 5-3 RZN2022-010 CUP2022-015 RZN2021-020 RZN2021-020 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 X X X Hicks, Anita X X X X X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills  MT: Creekmore MT: Hicks MT: Rector MT: Edwards PLANNING COMMISSION 2ND: Eberwine 2ND: Goodman 2ND: Hicks 2ND: Goodman MEETING TO: Approve TO: Approve TO: Approve TO: Approve July 19, 2022 w/proffers w/proffers w/conditions w/amendments from the City Attorney’s office VOTE: 8-0 VOTE: 8-0 VOTE: 7-1 VOTE: 8-0 RZN2022-05 RZN2022-06 CEX2022-009 OTA2022-03 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 X X X Hicks, Anita X X X X X Rector, John X X X X X Singleton, Arthur X X X X X Staylor, Mills  MT: Eberwine MT: Creekmore MT: Rector MT: PLANNING COMMISSION 2ND: Staylor 2ND: Eberwine 2ND: Edwards 2ND: MEETING TO: Approve TO: Approve TO: Initiate text TO: July 19, 2022 w/conditions w/conditions amendment in reference to Central Business District VOTE: 7-1 VOTE: 7-1 VOTE: 8-0 VOTE: CUP2022-02 CUP2022-14 UDO Text Amendment PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X Creekmore, Oliver X X X X Eberwine, Kittrell X X X X Edwards, Johnnie X X X X Goodman, Gerald X X X X Hicks, Anita X X X X Rector, John X X X X Singleton, Arthur X X X X Staylor, Mills  STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request, CUP2022-016, Dee’s Little Den Daycare. APPLICANT: Deatrice Rabb-Green, applicant and property owner. LOCATION: The subject property is located at 6205 Old Townpoint Road, and is further identified as Zoning Map 6A(4), Parcel 4. PRESENT ZONING: RC, Residential Compact zoning district. EXISTING LAND USE: The subject property is the applicant’s residence and home of Dee’s Little Den Daycare, which operates with up to four children, as is permitted by-right in the RC zoning district, in their 1,780 square foot four-bedroom home with finished double garage and enclosed backyard. PROPOSED LAND USE: The applicant is proposing to utilize 1,446 square feet of the first floor of the home to include the kitchen, living room, dining room, one full bathroom, the guest bedroom, finished double garage, and fenced in backyard. This use would allow Dee’s Little Den Daycare to increase enrollment for up to twelve children. The day care will include children from ages six (6) weeks to twelve (12) years of age. SURROUNDING LAND USES: North - Residential use zoned RC, Residential Compact zoning district. South - Residential use zoned RC, Residential Compact zoning district and RM, Residential Medium zoning district. East - Residential use zoned RC, Residential Compact zoning district. West - Residential use zoned RC, Residential Compact zoning district. COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located within the City’s Chesapeake Bay Preservation Area (CBPA) 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 Planning Commission August 16, 2022 CUP2022-016 Page 2 of 6 applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy of the staff report, was also sent on August 12, 2022. HISTORY: No relevant case history was found. STAFF ANALYSIS ISSUE Currently the applicant operates a day care with up to four children, as is permitted by-right within the RC zoning district. The applicant is proposing to triple enrollment for Dee’s Little Den Daycare as with the issuance of this permit they would be allowed to care for up to twelve children ranging in age from six weeks to twelve years old. The applicant proposes to utilize 1,446 square feet of their 1,780 square foot home for Dee’s Little Den Daycare which includes the use of the kitchen for all meals and snacks, the dining room, living room, one full size bathroom, the guest bedroom, finished double garage, and fenced in backyard. As previously noted, the owner currently operates a day care center that allows for the keeping of up to four children in total. The expanded use, a day care (family day home), 5-12 children, is subject to the City’s supplemental use standards in Section 31-701(18) of the UDO. The existing operation, as licensed through the Virginia Department of Social Services, allows the use to operate from 6:00 a.m. to 5:59 a.m. daily. The expanded family day home use will be permitted to operate only from 6:00 a.m. to 8:00 p.m. daily when more than four children are being kept. Should this use permit be approved, nothing shall prevent the keeping of no more than four children overnight. The proposed use will have two employees, including the applicant. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a day care (family day home), 5-12 children, within the RC, Residential Compact zoning district. 2. The UDO, Section 31-701(18) – Accessory Uses and Structures, states that family day homes providing care for not fewer than five (5) but not more than twelve (12) children under the age of thirteen (13), exclusive of the provider’s own children and any children who reside in the home, where permitted pursuant to Section 34-406 of this Ordinance, shall not be established except in accordance with the following criteria: A. Each Family day home shall be located within a single-family detached structure. B. Hours of operation. Family day homes shall be limited to operation between the hours of 6:00 a.m. and 8:00 p.m. C. Indoor space. Family day homes shall comply with the American academy of Pediatrics and the American Public Health Association recommendation to provide thirty-five (35) square feet of indoor space per child which is free of furniture and equipment, or fifty (50) square feet of space if furniture and equipment are included. Planning Commission August 16, 2022 CUP2022-016 Page 3 of 6 D. Fenced play areas. A fenced play area of not less than one thousand (1,000) square feet shall be provided. Such play areas shall be so located as to provide maximum peace and tranquility to adjoining residential uses and to protect the safety of the children. Outdoor play activities on the premises shall be conducted within the fenced play area, and such activities shall be limited to the hours of 8:00 a.m. and 6:00 p.m. E. Traffic. The additional traffic generated by a family day home, excluding trips associated with the dwelling unit, shall not exceed twenty-four (24) vehicle round trips per day. For the purposes of this section, a “vehicle round trip” means one vehicle entering and exiting the site. F. Parking. In addition to the required parking for a residential use, each family day home shall provide a minimum of one (1) parking space plus one (1) parking space for each additional employee. The parking spaces shall be located on-site or on-street where provided by law. On-street parking shall be located no further than two hundred (200) feet from the property. G. State licensure. Each family day home shall acquire and maintain licensure from the Virginia Department of Social Services. The owner or operator shall provide a copy of the license to the Zoning Administrator. The owner or operator’s failure to provide a copy of the license to the Zoning Administrator shall be deemed to be willful noncompliance with the provisions of this chapter. H. Inspections by fire official. The Suffolk Fire Marshal is authorized to conduct periodic inspections of the family day home. The owner or operator’s failure to promptly admit the fire official onto the premises and into the dwelling unit to conduct an inspection in a manner authorized by law shall be deemed to be willful noncompliance with the provisions of this chapter. I. Zoning permit and annual review. No family day home shall commence without first obtaining a zoning permit. The Zoning Administrator shall review the permitted use for compliance on an annual basis. J. Relationship to other laws. The provisions of this section are supplementary to all other laws and nothing herein shall be deemed to preclude application of the requirements of the Virginia Department of Social Services, Virginia Department of Health, Virginia State and Fire Marshal, or any other local, state or federal agency. 3. The existing operation, as licensed through the Virginia Department of Social Services, allows the use to operate from 6:00 a.m. to 5:59 a.m. daily. The expanded family day home use will be permitted to operate only from 6:00 a.m. to 8:00 p.m. daily when more than four children are being kept. 4. The site is currently served by public water and sewer. Currently food preparation is prepared on the property and the applicant will need to continue to meet the necessary Planning Commission August 16, 2022 CUP2022-016 Page 4 of 6 Health Department requirements for food handlers permits. 5. The applicant has stated there are four off-street parking spaces in addition to on-street parking. Additionally, the Department of Traffic Engineering has reviewed the request and has stated that as they meet the minimum of three off-street parking spaces provided, they have no concerns in regards to this conditional use permit. 6. The applicant is currently licensed through the Virginia Department of Social Services for operation as a child care facility. In addition, the applicant also holds a Certificate of Registration from the Department of Education as well as a business license. 7. Currently the day care utilizes a fenced-in outdoor play area, approximately 4,160 square feet, and located in the backyard. The established outdoor play area will continue to be utilized by the daycare. Use of the play area will not extend beyond the hours of 8:00 a.m. and 6:00 p.m. The provided space exceeds the 1,000 square foot minimum outdoor play area required. 8. 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 existing day care currently operates within the RC zoning district without permitting as it is a by-right use with more than four children. The existing operation, as licensed through the Virginia Department of Social Services, allows the use to operate from 6:00 a.m. to 5:59 a.m. daily. The expanded family day home use will be permitted to operate only from 6:00 a.m. to 8:00 p.m. daily when more than four children are being kept. As the applicant is providing four off-street parking spaces with only three parking spaces are required, there is adequate parking available. 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. As the day care operates within a single family dwelling located in a neighborhood, it Planning Commission August 16, 2022 CUP2022-016 Page 5 of 6 conforms to the character of the neighborhood. The existing fenced-in rear yard is and will continue to have use limited to between the hours of 8:00 a.m. to 6:00 p.m. The existing use and proposed use is not anticipated to have adverse impacts to the surrounding neighborhood. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The request has been reviewed by the Public Works Traffic Engineering division who has expressed no concerns regarding parking or traffic that would be generated as a result of this conditional use permit. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The proposed use should not produce excess vibration, odor, or gas. Additionally, as previously stated, use of the outdoor play area will be limited to the hours of 8:00 a.m. and 6:00 p.m. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. As previously stated the day care, in a more limited fashion, has been operating in this location since 2008, the proposed use is not anticipated to be injurious to the surrounding area. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The proposed use, day care (family day home), 5-12 children, should continue to provide support services to the immediate community and surrounding residential uses within the Old Townpoint 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 is not expected to endanger public health, safety, morals, comfort in general welfare; rather the much needed use will provide additional reliable services for families in the community. h) The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use. Planning Commission August 16, 2022 CUP2022-016 Page 6 of 6 The public interest and welfare should not be negatively impacted by the establishment of this day care (family day home), 5-12 children, as day care facilities provide essential services to families. Day care centers, such as Dee’s Little Den Daycare, provide opportunities for children to play together, learn from their peers, and gain preschool skills such as learning structure and socialization. RECOMMENDATION Staff finds the establishment of a day care (family day home), 5-12 children, located at 6205 Old Townpoint Road, is found to be compatible with the existing land uses, surrounding zoning and CUP approval criteria contained in the Unified Development Ordinance. Based on this review, staff recommends approval of CUP2022-016 subject to the following conditions: 1. This Conditional Use Permit is granted to establish a day care (family day home), 5-12 children, at 6205 Old Townpoint Road, Zoning Map 6A(4), Parcel 4 as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Floorplan”. 2. The applicant shall be responsible to ensure compliance with all local and state regulations regarding operation of day care (family day home), 5-12 children, facility as stated in Section 31-701(18) of the City of Suffolk’s Unified Development Ordinance. 3. The outdoor play area may only be used between the hours of 8:00 a.m. and 6:00 p.m. 4. The outdoor play area shall be enclosed with a 6-foot high fence, with materials and spacing which prevents a child from getting over, under, or through. 5. The hours of operation for the day care (family day home), 5-12 children, use is limited to the operation between the hours of 6:00 a.m. and 8:00 p.m. 6. No food preparation may take place without the approval from the Suffolk Health Department. 7. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Marshall. 8. No more than four children may be permitted to be kept overnight. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Floorplan  GENERAL LOCATION MAP CUP2022-016 Subject Property _ ^ Approved Parcels selection MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL Date: 7/5/2022 0 0.5 1 2 3 4 Miles ±  ZONING/ LAND USE MAP CUP2022-016 E AV N E MA E FR RC T EE SK RD RD NT OI NP W TO D OL Subject Property RM Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Date: 7/5/2022 0 40 80 160 240 320 Feet ±  Narrative CUP2022-016 ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A DAY CARE (FAMILY DAY HOME), 5-12 CHILDREN, ON PROPERTY LOCATED AT 6205 OLD TOWNPOINT ROAD, ZONING MAP 6A(4), PARCEL 4; ACCOUNT NUMBER 303833000 WHEREAS, Deatrice Rabb-Green, Dees Little Den Daycare, applicant and property owner, has requested a conditional use permit to establish a day care (family day home), 5-12 children, on a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the Zoning Map of the City of Suffolk, Virginia, as Zoning Map 6A(4), 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", Exhibit "B", "Property Map", and Exhibit “C” “Floorplan”. 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 the size and intensity of operation pertaining to Dees Little Den Daycare, 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 child daycare center, is by the imposition of the conditions provided herein. Section 3. Permit Granted. The conditional use permit for the Property be, and it is hereby, approved for the Property, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits a child daycare center, in compliance with Exhibit “C” (the “Floor Plan”), and Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This Conditional Use Permit is granted to establish a day care (family day home), 5-12 children, at 6205 Old Townpoint Road, Zoning Map 6A(4), Parcel 4 as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Floorplan”. 2. The applicant shall be responsible to ensure compliance with all local and state regulations regarding operation of day care (family day home), 5-12 children, facility as stated in Section 31-701(18) of the City of Suffolk’s Unified Development Ordinance. 3. The outdoor play area may only be used between the hours of 8:00 a.m. and 6:00 p.m. 4. The outdoor play area shall be enclosed with a 6-foot high fence, with materials and spacing which prevents a child from getting over, under, or through. 5. The hours of operation for the day care (family day home), 5-12 children, use is limited to the operation between the hours of 6:00 a.m. and 8:00 p.m. 6. No food preparation may take place without the approval from the Suffolk Health Department. 7. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Marshall. 8. No more than four children may be permitted to be kept overnight.  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 Deatrice Rabb-Green, applicant and property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard. (b) To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met. (c) The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Deatrice Rabb-Green, applicant and property owner, or any party undertaking or maintaining such use, of the conditions to which the Conditional Use Permit herein granted is subject. Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: __________________________ TESTE: __________________________ Erika Dawley, City Clerk Approved as to Form: _______________________________________ William E. Hutchings, Jr., City Attorney  Exhibit A RESOLUTION NO. 22-08-1 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2022-016 TO ESTABLISH A DAY CARE (FAMILY DAY HOME), 5-12 CHILDREN, ON PROPERTY LOCATED AT 6205 OLD TOWNPOINT ROAD, ZONING MAP 6A(4), PARCEL 4; ACCOUNT NUMBER 303833000 WHEREAS, Deatrice Rabb-Green, Dees Little Den Daycare, applicant and property owner, have requested the issuance of a Conditional Use Permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to amend conditions by expanding the size and intensity of operation of the Early Resultz Daycare and Learning Center, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposal for a Conditional Use Permit, as submitted or modified herein: a) Will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, b) Will have more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, c) Will be no more injurious to property or improvements in the neighborhood, or d) Will be more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. Section 2. Recommendation to Council. The Planning Commission recommends to City Council that the request, CUP2022-016, 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 CUP2022-016 CONDITIONS 1. This Conditional Use Permit is granted to establish a day care (family day home), 5-12 children, at 6205 Old Townpoint Road, Zoning Map 6A(4), Parcel 4 as shown on Exhibit “B”, “Property Map”, Exhibit “C”, “Floorplan”. 2. The applicant shall be responsible to ensure compliance with all local and state regulations regarding operation of day care (family day home), 5-12 children, facility as stated in Section 31-701(18) of the City of Suffolk’s Unified Development Ordinance. 3. The outdoor play area may only be used between the hours of 8:00 a.m. and 6:00 p.m. 4. The outdoor play area shall be enclosed with a 6-foot high fence, with materials and spacing which prevents a child from getting over, under, or through. 5. The hours of operation for the day care (family day home), 5-12 children, use is limited to the operation between the hours of 6:00 a.m. and 8:00 p.m. 6. No food preparation may take place without the approval from the Suffolk Health Department. 7. Occupancy of the building will be established by the City’s Building Official and the Suffolk Fire Marshall. 8. No more than four children may be permitted to be kept overnight.  PROPERTY MAP EXHIBIT B CUP2022-016 RD NT OI NP O W T D OL T EE SK RD 6A(4)*4 Subject Property Date: 6/9/2022 0 25 50 100 150 200 Feet ± Floorplan Exhibit C CUP2022-016  PROPERTY MAP EXHIBIT B SBV2022-002 EOLA A VE ST NTY CO U WEKIVA AV E LEW IS AVE ST 35H(3)X14 FACTOR Y Subject Property KISSIM MEE A VE 35H(3)X*14A 35H(3)X17 PLEA SAN T ST PLEAS AN T ST OC KLAW AHA AVE HUNT ER ST OSCEOL A AVE Date: 7/12/2022 0 80 160 320 480 640 Feet ±  RESULTS OF THE CITY COUNCIL MEETING OF July 20, 2022 A. REZONING REQUEST, RZN2021-002, (Conditional), Bob White Lane: to rezone and amend the official zoning map of the City of Suffolk to change the zoning from RR, Rural Tabled for Residential zoning district, to RLM, Residential Low Medium Density zoning district, for sixty (60) days property located at the end of Bob White Lane, Zoning Map 12, Parcels 24 and 24G. B. CONDITIONAL USE PERMIT REQUEST, CUP2022-009, Wall Street Cafe: to grant a Approved Conditional Use Permit to establish a bar and nightclub, on property located at 118 West w/conditions Washington Street, Zoning Map 34G18(A), Parcel 301. C. CONDITIONAL USE PERMIT REQUEST, CUP2022-011, Suffolk Christian Approved Academy: to grant a Conditional Use Permit to establish a school, secondary, on property w/conditions located at 237 North Main Street, Zoning Map 34G18(A), Parcels 64, 65 and 66. D. CONDITIONAL USE PERMIT REQUEST, CUP2022-012, Blue Point Live Tabled for Entertainment: to grant a Conditional Use Permit to establish a bar and nightclub, on thirty (30) days property located on 5941 Harbour View Boulevard, Zoning Map 6*3*, Parcel 15. E. CONDITIONAL USE PERMIT REQUEST, CUP2022-013, Telecommunications Fiber Approved Optics POP Site: to grant a Conditional Use Permit to establish a Utility Facility, not w/conditions otherwise enumerated, on property located at 135 Hall Avenue, Zoning Map 34G24(3), Parcel A.  RESULTS OF THE CITY COUNCIL MEETING OF August 3, 2022 A. REZONING REQUEST, RZN2022-010, Suffolk Downtown Library: to rezone the official zoning map of the City of Suffolk to change the zoning from RM, Residential Approved Medium Density zoning district, to CBD, Central Business District zoning district, for w/conditions property located at 114 Lee Street, Zoning Map 34G17(A), Parcels 176, 182 and 188. B. CONDITIONAL USE PERMIT REQUEST, CUP2022-002, Hosier Road Shooting Approved Range: to grant a Conditional Use Permit to establish a shooting range, on property located w/conditions at 1255 Hosier Road, Zoning Map 44, Parcels 126 and 127 and Zoning Map 45, Parcel 21. C. CONDITIONAL USE PERMIT REQUEST, CUP2022-014, Hosier Road Private Approved School: to grant a Conditional Use Permit to establish a private school, on property located w/conditions at 1444 Hosier Road, Zoning Map 44, Parcel 127 and Zoning Map 45, Parcel 21. D. CONDITIONAL USE PERMIT REQUEST, CUP2022-015, Suffolk Festival Event Approved Park: to grant a Conditional Use Permit to establish a public park, on property located at 219 w/conditions W. Washington Street and 101 S. Saratoga Street, Zoning Map 34G18(A), Parcels 361, 362, 363, 364, 365, and 368 and Zoning Map 34G17(A), Parcels 168 and 169.