Planning Commission Meeting Packets

SUFFOLK PLANNING COMMISSION AGENDA FOR JUNE 20, 2023 PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT KEVIN WYNE, AICP, 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, JUNE 16, 2023. ARTHUR SINGLETON CHAIRMAN  AGENDA SUFFOLK PLANNING COMMISSION June 20, 2023 2:00 P.M. 1. Call to Order A. Invocation B. Roll Call 2. Approval of minutes from previous meeting 3. Family Transfer: A. FAMILY TRANSFER SUBDIVISION PLAT FTR2018-00001, submitted by Bobby L. and Ilona W. Burris, applicant and property owners, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance, to approve a Family Transfer Subdivision Plat to create one (1) new parcel, on property located on 6345 Godwin Boulevard, Zoning Map 3A, Parcel 2A. The affected property is further identified as being located in the Chuckatuck Voting Borough, zoned RE, Residential Estate zoning district. The City’s 2035 Comprehensive Plan identifies this property as being located within the Rural Agricultural Use District. B. FAMILY TRANSFER SUBDIVISION PLAT REQUEST, FTR2023-00001: submitted by Frank Rawls, applicant, on behalf of Thomas Lewis Carr c/o Bonnie C. Ellis POA, property owner, requesting a family transfer subdivision pursuant to Section 31-514 of the Unified Development Ordinance, to approve Family Transfer Subdivision Plat to create one (1) new parcel on property located at 1025 Kingsale Road, Tax Map 30*3. The affected property is further identified as being located in the 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. 4. Public Hearing: A. CONDITIONAL USE PERMIT REQUEST, CUP2023-013, 1832 Cotton Farm Lane: submitted by Mari-An Charlton, applicant and property owner, on behalf of Bruce Charlton, property owner, in accordance with Sections 31-306, 31-406 and 31-701(b)(13) of the Unified Development Ordinance, to grant a Conditional Use Permit to establish an accessory dwelling unit, detached, on property located at 1832 Cotton Farm Lane, Zoning Map 4*5*1, Parcel 6. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned RL, Residential Low Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Conservation Use District. Page 1  B. ORDINANCE TEXT AMENDMENT OTA2023-005, Gravel Parking in Agricultural District and Agricultural Uses, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 6, Parking and Loading Standards, Section 31-606(a)(6), Vehicular Traffic Areas. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance to allow gravel parking to be permitted within the Agricultural zoning district and for agricultural uses. C. ORDINANCE TEXT AMENDMENT OTA2023-006, Electronic Message Boards for Institutional Uses, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance. 5. Old Business A. Planning Commission Bylaws Amendment 6. New Business A. Status Report - City Council Meeting, May 17, 2023 B. Status Report - Preliminary Plats Approved - None 7. Commissioner’s Comments 8. Adjournment Page 2  MINUTES SUFFOLK PLANNING COMMISSION May 16, 2023 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, May 16, 2023, 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 Mills Staylor, Vice-Chairman Kevin Wyne, Director of Planning and Oliver Creekmore Community Development Johnnie Edwards Jennifer Cobb, Zoning Administrator Anita Hicks Joshua Bateman, Senior Planner Gerald Goodman Keith Cannady, Comp. Planning Manager Mary Ellen Baur Catina Myrick, Administrative Analyst Kittrell Eberwine The meeting was called to order by Chairman Singleton and Commissioner Creekmore 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. PUBLIC HEARINGS: CONDITIONAL USE PERMIT REQUEST, CUP2023-010, Sojourn Fermentory: submitted by Scott Osborne, Sojourn Fermentory, applicant, on behalf BEC Investors 1 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 bar and nightclub (live entertainment), on property located at 1400 Bridgeport Way, Zoning Map 12*55*2, Parcel A1. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Inner-Ring Suburban District. The first item of business was introduced by the Chairman followed by a staff report by Joshua Bateman, Senior Planner. Mr. Bateman stated that this project involves a conditional use permit to establish a bar and nightclub (live entertainment) in a proposed microbrewery/restaurant on property zoned B-2, General Commercial, in the in the Bridgeport mixed-use development on Bridge Road. The floor area in which the activity is being proposed will contain a stage for performances by live bands, bar, and adjacent seating area as well as the private event space and indoor biergarten. The brewery will occupy 9,248 square feet of floor area on the ground floor of Building #2 beneath 3800 Acqua Lifestyle Apartments situated at the northwest corner of Bridgeport Way and Samira Street. This application requested to allow Sojourn to play live music indoors (bands playing mostly acoustic music) as entertainment for the enjoyment of patrons of the microbrewery and restaurant. The applicant provided the following hours during which the brewery and restaurant are open to the public: Monday-Thursday: 12:00 pm – 10:00 p.m., Friday-Saturday: 11:00 a.m. – 11:00 p.m. and Sunday: 11:00 a.m. – 7:00 p.m. The applicant noted that exceptions would be 2 needed for special events during which the business closes at, and would have live entertainment until, midnight (such as New Year’s Eve). Staff recommended aligning the hours of indoor live entertainment with that of the brewery and restaurant, but also putting some limitations on the number of special events during which live entertainment would be permitted to continue until 12:00 a.m. (midnight). Staff recommended approval of this application with the amended conditions in the staff report. The public hearing was opened and speaking in favor of this application was Tom Rein, 119 Suffolk Meadows Blvd., Suffolk, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Baur noted a typo on Condition #3 it should be 12:00 p.m. and not 12:00 a.m. Commissioner Hicks made a motion to approve this application with the amended conditions, seconded by Commissioner Eberwine and passed by a recorded vote of 7 to 1. ORDINANCE TEXT AMENDMENT OTA2023-002, initiated by the City of Suffolk, for amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 8, Nonconforming Uses, Section 31-801, Intent, of the Code of the City of Suffolk, Virginia. The purpose of the text amendment is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance. 3 The next item of business was introduced by the Chairman followed by a staff report by Jennifer Cobb, Zoning Administrator. Ms. Cobb stated that the City has observed challenges in the maintenance and enhancement of existing nonconforming structures as it relates to procedures. In that regard, the proposed change to Section 31-801(f)(4) Repairs and Replacement will remove the need for City Council action for repairs and renovations of a nonconforming structure within the existing footprint. Staff recommended approval of this ordinance text amendment. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. Commissioner Staylor made a motion to approve this ordinance text amendment, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT OTA2023-004, 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 31-402, Establishment of Zoning Districts, Section 31-404, Zoning Map, Table 404-1, Section 31-408(n)(2), Specific FRRD District Criteria, Approval Process, Section 31-413, Historic Conservation Overlay Districts (HC), Section 31-420(e), Location and Design, and Section 31-420(f), Streets and Alleys. SUFFOLK HISTORIC DISTRICT GUIDELINES, prepared by the Suffolk Historic Landmarks Commission, proposes revisions to the Historic District Guidelines which implement Section 31-413, Historic Conservation Overlay District of the Unified Development Ordinance and which are used by the Commission as the criteria for issuing a Certificate of Appropriateness. The Guidelines provide a foundation for ensuring that buildings, structures, and signs, whether rehabilitation, revitalization or new construction are architecturally compatible with the historic landmark buildings 4 and structures within the Historic District. The next item of business was introduced by the Chairman followed by a staff report by Keith Cannady, Comprehensive Planning Manager. Mr. Cannady advised that the City initiated an update to the Historic Conservation Overlay District Guidelines in 2019. The update to the guidelines, which are incorporated by reference in the UDO and City Codes, necessitated the amendments to sections that reference both the district and the guidelines in an effort to use consistent language. The guidelines have been reviewed by the Virginia Department of Historic Resources. The City met with the Downtown Business Association and held a public meeting for district property owners. The Historic Landmarks Commission voted favorably to adopt the updated guidelines. In that regard, staff recommended approval of the ordinance text amendment and the Historic District Guidelines. The public hearing was opened for OTA2023-004 and speaking in favor of this application was Tom Rein, 119 Suffolk Meadows Blvd., Suffolk, VA. There being no speakers in opposition, the public hearing was closed. Commissioner Edwards made a motion to approve OTA2023-004, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. The public hearing was opened for Suffolk Historic District Guidelines. There being no speakers in favor or in opposition, the public hearing was closed. 5 Commissioner Staylor made a motion to approve the Suffolk Historic District Guidelines as amended, seconded by Commissioner Eberwine and recorded by a vote of 7 to 1. NEW BUSINESS: PLANNING COMMISSION BYLAWS Kevin Wyne advised the Commission to review the amended bylaws as it relates to the established procedures for the holding of regular meetings. The proposed amendment would allow the Commission to modify a regularly scheduled meeting should the body choose. Commissioner Baur made a motion to consider the amendment to the bylaws at the Commission’s meeting on June 20th, seconded by Commissioner Edwards and passed by a recorded vote of 8 to 0. STAFF REPORT: AFFORDABLE HOUSING Mr. Wyne gave a brief presentation on Affordable Housing. STATUS REPORT: Mr. Wyne reported on the results of the April 19th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned. 6  MT: Hicks MT: Staylor MT: Edwards MT: Staylor PLANNING COMMISSION 2ND: Eberwine 2ND: Hicks 2ND: Hicks 2ND: Eberwine MEETING TO: Approve TO: Approve TO: Approve TO: Approve May 16, 2023 w/amended conditions VOTE: 7-1 VOTE: 8-0 VOTE: 8-0 VOTE: 7-1 CUP2023-010 OTA2023-002 OTA2023-004 Historic District Guidelines PRESENT ABSENT YES NO YES NO YES NO YES NO X X X X X Baur, Mary Ellen 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 Singleton, Arthur X X X X X Staylor, Mills  MT: Baur MT: MT: MT: PLANNING COMMISSION 2ND: Edwards 2ND: 2ND: 2ND: MEETING TO: Consider the TO: TO: TO: May 16, 2023 amendment at the Commission’s meeting in June VOTE: 8-0 VOTE: VOTE: VOTE: Planning Commission Bylaws PRESENT ABSENT YES NO YES NO YES NO YES NO X X Baur, Mary Ellen X X Creekmore, Oliver X X Eberwine, Kittrell X X Edwards, Johnnie X X Goodman, Gerald X X Hicks, Anita X X Singleton, Arthur X X Staylor, Mills THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK THIS PAGE WAS INTENTIONALLY LEFT BLANK  CONDITIONAL USE CUP2023-00013 CONDITIONS 1. This Conditional Use Permit is granted to establish a detached accessory dwelling unit on property located at 1832 Cotton Farm Lane, as shown on Exhibit “B”, “Property Map”, and Exhibit “C”, “Conceptual Plan.” 2. The detached accessory dwelling unit shall not be offered for rental purposes. 3. The applicant is required to obtain approval and permits from the Virginia Department of Health for connecting the proposed use to the on-site well and septic system, and for any upgrades or modifications required thereto, prior to obtaining a Building Permit for the proposed use. 4. The applicant is required to obtain all necessary building permits from the Division of Community Development. THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2023-005: Presented for your consideration, attached please find proposed amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 6, Design and Improvement Standards, Section 31- 606(a)(6), Vehicular Traffic 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. APPLICANT: The proposed ordinance text amendment has been initiated by the City of Suffolk. 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. STAFF ANALYSIS ISSUE AND BACKGROUND The proposed text amendment shown in attached Exhibit B is presented for consideration in order to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. RECOMMENDATION In that regard, the proposed text amendment shown in the attached Exhibit B is presented for your favorable consideration with a staff recommendation for approval. Attachments  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B - “Amendment to Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606(a)(6), Vehicular Traffic Areas of the Code of the City of Suffolk, Virginia”  ORDINANCE NUMBER AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-606(A)(6), VEHICULAR TRAFFIC AREAS; OTA2023-005 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating and improving clarity and consistency due to a change in circumstances; and, WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. That Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606(a)(6) Vehicular Traffic Areas of the Code of the City of Suffolk, Virginia” which is attached hereto, is hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606(a)(6), Vehicular Traffic Areas of the Code of the City of Suffolk, Virginia, is hereby amended to read as referenced in Exhibit “B,” attached. Section 3. All phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in full force and effect. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney  Exhibit “A” RESOLUTION NO. 23-06-04 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2023-005 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 6, DESIGN AND IMPROVEMENT STANDARDS, SECTION 31-606(A)(6), VEHICULAR TRAFFIC AREAS WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of updating and improving clarity and consistency due to a change in circumstances; and WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to City Council. The Planning Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; a. Adopted as submitted without modification. _____b. Denied, and that Council not pass the proposed ordinance. _____c. Adopted 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:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance, Article 6, Design and Improvement Standards, Section 31-606(a)(6) Vehicular Traffic Areas of the Code of the City of Suffolk, Virginia” ARTICLE 6 - DESIGN AND IMPROVEMENT STANDARDS … SEC. 31-606. - Parking and Loading Standards … (a) Off-Street parking … (5) Location. The parking area shall be provided on the same parcel as the principal structure wherever practicable. In non-residential zoning districts, the parking may be up to two hundred (200) from the property, but shall be located within a zoning district which allows business, commercial or industrial parking. Parking spaces shall not be located in a front yard setback, or a side yard setback when adjacent to a residential zoning district. Parking requirements for the CBD and VC districts established in this chapter shall apply unless the Director waives such requirements based on the general availability of adequate public parking to serve anticipated parking needs. (6) Vehicular Traffic Areas. Except in single family residential zones, all driveways and parking areas shall comply with the following requirements: A. All parking and vehicular traffic surfaces are subject to the following: (i) All required parking and vehicular surfaces shall be graded for drainage and surfaced with concrete or bituminous pavement. The Director may permit gravel or similar surface to be used in overflow parking areas, low-traffic storage yards, the Agricultural (A) zoning district, agricultural uses, or as provided in (iii), and (iv) below., if the applicant establishes Aside from within the Agricultural (A) zoning district or for agricultural uses, applicants must demonstrate that dust in excess of the amount which would be generated by a paved surface area will not be generated. Overflow parking means parking in addition to the minimum required by this Ordinance which is designed not to be used more than ten times per year. A low-traffic yard means a storage area generating less than 30 ADT (average daily trips). (ii) All surfaces shall be maintained in sound condition and free of weeds, dust, trash and debris. (iii)A temporary parking lot shall be used only with an approved site plan. Temporary surface parking lots are parking area which serve as a transitional use of a property during development and shall not be used for more than 24 months from issuance of a temporary use permit. Temporary parking lots shall be subject to site plan review as required in Section 31-307 of this Ordinance. Temporary parking lots shall be hard surfaced or gravel and shall be graded for drainage and maintained in sound condition and free of weeds, dust, trash and debris. Temporary parking lots shall be subject to all landscaping and screening requirements. (iv) As permitted and in accordance with Section 31-412(f) of this Ordinance. … THIS PAGE WAS INTENTIONALLY LEFT BLANK  STAFF REPORT DESCRIPTION ORDINANCE TEXT AMENDMENT OTA2023-006: Presented for your consideration, attached please find proposed amendments to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance (UDO), Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations. 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. APPLICANT: The proposed ordinance text amendment has been initiated by the City of Suffolk. 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. STAFF ANALYSIS ISSUE AND BACKGROUND The proposed text amendment shown in attached Exhibit B is presented for consideration in order to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. RECOMMENDATION In that regard, the proposed text amendment shown in the attached Exhibit B is presented for your favorable consideration with a staff recommendation for approval. Attachments  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B - “Amendment to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations, of the Code of the City of Suffolk, Virginia”  ORDINANCE NUMBER AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS; OTA2023-006 WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31, Unified Development Ordinance, for the purpose of updating and improving clarity and consistency due to a change in circumstances; and, WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A"; and, WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. That Exhibit “B,” “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations of the Code of the City of Suffolk, Virginia” which is attached hereto, is hereby incorporated as part of this ordinance. Section 2. That Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations of the Code of the City of Suffolk, Virginia, is hereby amended to read as referenced in Exhibit “B,” attached. Section 3. All phrases, clauses, sentences, paragraphs, subsections, sections and chapters of the Code not amended hereby remain in full force and effect. This ordinance shall be effective upon passage and shall not be published. READ AND PASSED: TESTE: Erika S. Dawley, City Clerk Approved as to Form: William E. Hutchings, Jr., City Attorney  Exhibit “A” RESOLUTION NO. 23-06-05 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO OTA2023-006 AN ORDINANCE TO AMEND CHAPTER 31, UNIFIED DEVELOPMENT ORDINANCE OF THE CODE OF THE CITY OF SUFFOLK, ARTICLE 7, SUPPLEMENTAL USE REGULATIONS, SECTION 31-714, SIGN REGULATIONS WHEREAS, the City of Suffolk, Virginia has initiated the aforementioned amendments to Chapter 31 of the Unified Development Ordinance for the purpose of updating and improving clarity and consistency due to a change in circumstances; and WHEREAS, the specified amendments to the Unified Development Ordinance as shown in Exhibit “B” are in compliance with the 2035 Comprehensive Plan, as adopted; and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. Findings. The Suffolk Planning Commission finds that the proposed ordinance amendments are reasonable and warranted. Section 2. Recommendation to City Council. The Planning Commission recommends to the City Council of the City of Suffolk, Virginia that the proposed amendments be; a. Adopted as submitted without modification. _____b. Denied, and that Council not pass the proposed ordinance. _____c. Adopted 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:  “Exhibit B” “Amendments to Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-714, Sign Regulations of the Code of the City of Suffolk, Virginia” SEC. 31-714. SIGN REGULATIONS. (a) PURPOSE AND INTENT. … (g) PERMANENT SIGNS PERMITTED BY ZONING DISTRICT. Permanent signs are permitted as follows in accordance with Section 31-302 of this Ordinance: Table 714-1: Permanent Signs Permitted for ALL USES Permanent Zoning Maximum Maximum Number Other Sign Type District(s) Area in Height in Allowed Square Feet Feet Entrance RR, RE, RL, 48 SF total 6 2 per See (m) RLM, RM, per entrance subdivision Illumination RC, RU, RU- entrance 12, RU-18 B-1, TND, 48 12 1 per See (k) O-I, CP entrance Supplemental Sign Regulations for Office, Commerce, or Industrial Parks B-2, M-1, M- 48 12 1 per See (k) 2 entrance Supplemental Sign Regulations for Office, Commerce, or Industrial Parks Minor Wall All Districts 2 1 See (m) Sign Illumination Table 714-2: Permanent Signs Permitted for Non-Residential Uses (Includes Multi-family) Permanent Sign Type Zoning Maximum Maximum Number Other District(s) Area in Height in Allowed Square Feet Feet Drive Aisle All 3 4 2 per See (j) Districts entrance Supplemental and 2 per Sign internal Regulations intersection for Campuses Drive-Through B-1, B-2, 32 8 2 per lane VC, CBD, O-I, FRRD Freestanding/Monument C 16 6 1 A, RR, RE 32 8 1 RC, RU, 32 4 1 RU-12, RU-18 RU-24, 100 ft or 6 1 MUC-40, less of CBD, VC, street FRRD frontage: 32 SF 100 ft or more street frontage: 48 SF B-1, O-I, 48 6 1 Second sign TND, CP allowed when access derived from 2 public streets B-2, M-1, 1 SF per 2 12 1 Second sign M-2 linear feet allowed of street when access frontage up derived from to 100 SF 2 public maximum. streets. See (h) Supplemental Sign Regulations in the B-2 General  Business District Wall, Marquee, C 16 - 1 Projecting, Suspended and Awning A, RR, RE, 1 SF per — 1 — RL, RLM, each linear RM, RC, foot of RU, RU- building 12, RU-18 frontage up to 80 SF maximum RU-24, 1 SF per — — When any MUC-40, each linear building is CBD, VC, foot of adjacent to FRRD building an interstate frontage up and limited to 100 SF access rights- maximum; of-way, an however, additional each wall sign marquee, may be projecting, permitted, suspended, limited to and awning 25% of the signs shall total not exceed allowable 9 SF wall sign area, not to B-1, O-I, 1 SF per — — exceed 60 SF TND, CP each linear foot of building frontage up to 125 SF maximum. B-2, M-1, 1 SF of sign — — M-2 area for each 1 foot of building frontage facing a public street or private access way.  Window RU-24, Opaque — — Illuminated MUC-40, Signs: 25% window CBD, VC, of the total signs are FRRD area of the permitted up window in to 25% of the which the total area of signs are the window displayed. in which the Transparent signs are or Letters displayed Only: 40% of the window on which they are located. All other 25% of the — — districts total area of the window in which they are displayed. Roof Signs B-2 1 SF per - 1 See (h) each linear Supplemental foot of Sign building Regulations frontage up in the B-2 to 40 SF General maximum Business District Electronic Message B-2 and 32 SF or - 1 See (h) Boards Institutional 50% of a Supplemental Uses in All permitted Sign Districts individual Regulations freestanding for certain sign area, signs the B-2 whichever General is less Business District (h) SUPPLEMENTAL SIGN REGULATIONS FOR CERTAIN SIGNSIN THE B-2 GENERAL BUSINESS DISTRICT. The following additional signs may be permitted in the General Business District (B-2):  (1) Electronic Message Boards. Electronic message boards shall comply with the following: A. Only one (1) electronic message board per parcel is permitted. Electronic message boards shall be permitted only when incorporated with a permitted freestanding sign and shall not exceed thirty-two (32) square feet or fifty percent (50%) of a permitted individual freestanding sign area, whichever is less. The message visible on such boards at any one time shall not change more than once every sixty (60) seconds. The sole exception shall be for time/temperature signs, which may display a continuing change in message between time and temperature, at intervals of five (5) seconds or more, without limitation. B. Messages shall be static and there shall be no sense of motion when the message is displayed or when the message changes. The entire message shall turn on or off as a single entity. C. The message shall not roll on or off the field of copy. D. The message shall not turn on or off by the random illumination or extinguishing of lights within the field of copy. E. Electronic message boards shall not exceed 0.3 footcandles of illuminance over ambient lighting conditions when measured at the appropriate distance. The appropriate distance shall be determined utilizing the following formula: Measurement Distance = √(Area of Sign Square Feet x 100) F. Electronic message boards shall be automatically dimming so that they adjust to ambient light conditions. (2) Roof Signs. Roof signs shall be permitted at navigable waterfront sites with water oriented businesses without frontage on a public street classified as a major collector or higher. A. In addition to the building signage, one (1) roof sign per building housing a separate function is permitted. The sign area of a single sign shall not exceed forty (40) square feet with a maximum total sign area of one square foot of signage for each linear foot of building adjacent to the water body. B. The rooftop sign must orient towards the water. C. The sign must be indirectly illuminated, and the source of the illumination must be shielded from direct view. D. The sign shall not extend above the ridgeline of the sloped roof upon which it is mounted. E. Electronic message boards are not permitted as rooftop signs. (3) Freestanding Signs for Shopping Centers, Office Parks, or Similar Groups of Buildings. Freestanding signs shall be permitted up to fifteen (15) feet in height. (i) SUPPLEMENTAL SIGN REGULATIONS IN THE MIXED USE DEVELOPMENT OVERLAY DISTRICT (MUD). … THIS PAGE WAS INTENTIONALLY LEFT BLANK  BYLAWS AND RULES AND PROCEDURES OF THE CITY OF SUFFOLK, VA PLANNING COMMISSION ARTICLE I INTRODUCTION The following rules and procedures of the Suffolk Planning Commission aid in the execution of its responsibilities in a manner consistent with law. The official name of the Planning Commission shall be the City of Suffolk, VA Planning Commission (hereinafter, the “Commission”). The Commission is established by the Code of the City of Suffolk. ARTICLE II PURPOSE OF COMMISSION SECTION 1. GENERAL MISSION STATEMENT It is the mission of the Commission to serve as an advisory body on land use and development issues to the Suffolk City Council, to effectuate the duties and responsibilities as set forth in the state enabling legislation and Code of the City of Suffolk, and to facilitate community participation and public interest in planning for the City of Suffolk. SECTION 2. SPECIFIC DUTIES OF COMMISSION In accordance with state and city law, the Commission shall: (a) Exercise general supervision of, and make regulations for, the administration of its affairs; (b) Prescribe rules pertaining to its investigations and hearings; (c) Supervise its fiscal affairs and responsibilities, under rules and regulations as prescribed by the Suffolk City Council; (d) Keep a complete record of its proceedings and be responsible for the custody and preservation of its papers and documents; 1  (e) Make recommendations and an annual report to the Suffolk City Council concerning the operation of the Commission and the status of planning within the City of Suffolk; (f) Prepare, publish and distribute reports, resolutions and other material relating to its activities; and (g) If deemed advisable, establish an advisory committee or committees. ARTICLE III MEMBERS, OFFICERS AND DUTIES SECTION 1. ELECTION OF OFFICERS Annually, at the regular meeting of the Commission held in the month of July, the Commission shall elect a Chairman and a Vice Chairman. The officers may succeed themselves. The terms of office for each officer shall begin with regular July meeting. Members shall be notified in writing of the date, time and place of the election of officers at least fifteen (15) days prior to the regular July meeting. A City staff member shall serve, in addition to his or her regular duties, as Secretary of the Commission. SECTION 2. DUTIES OF OFFICERS (a) Chairman – The Chairman shall preside at all meetings of the Commission and at other meetings and public hearings called by the Commission. He shall call special meetings of the Commission when required, and shall transmit reports, plans and recommendations of the Commission to the appropriate governing authority, and, in general, shall act as spokesman for the Commission. (b) Vice Chairman – The Vice Chairman shall serve as Chairman in the absence or disability of the Chairman. In the event the position of the Chairman becomes vacant, the Vice Chairman shall perform the latter’s duties until such time as the Commission shall elect a new Chairman. (c) Secretary – The Secretary shall assist the Chairman in the preparation of the agenda for Commission meetings, shall prepare and send out notices for regular and special meetings, shall prepare and distribute minutes of Commission meetings, and shall establish and maintain the Commission’s files. 2  (d) Additional Duties – The Chairman, Vice Chairman and Secretary shall perform such other duties and functions as may from time to time be required by the Commission or by its Bylaws and Rules and Procedures. (e) Chairman Pro Tem – Where both the Chairman and Vice Chairman are absent from a hearing or meeting, the remaining members of the Commission shall elect a Chairman Pro Tem from among their own number by majority vote of the members present. ARTICLE IV CONDUCT OF THE MEMBERS OF THE PLANNING COMMISSION SECTION 1. PERFORMANCE OF DUTIES (a) Members of the Commission shall attend all meetings; and, advise the Secretary of needed absences and the reason. (b) Members of the Commission shall take such time as necessary to prepare themselves for hearings and meetings. (c) Members shall exercise professionalism and cordialness in the exercise of their duties as a Member; and such Members shall perform their duties within the confines of applicable federal, state and local law. SECTION 2. CONFLICT OF INTEREST Members shall comply at all times with the Virginia State and Local Government Conflict of Interests Act (Title 2.2, Chapter 31 of the Code of Virginia, §2.2-3100). A member with a personal interest (as defined by the Act) in any transaction or matter coming before the Commission must disclose his personal interest in accordance with the Act and may be required to disqualify himself from participating in the matter, unless an exception is allowed under the Act. The member shall, if required by the Act, complete a written declaration of the conflict in the form specified by the Code of Virginia, such declaration to be kept with the minutes of the meeting. 3  ARTICLE V MEETINGS SECTION 1. REGULAR MEETINGS Regular meetings of the Commission shall be held on the third Tuesday of each month at 2:00 p.m. in the Municipal Building, unless otherwise ordered by the Commission. If the regular meeting day should be a legal holiday, the meeting shall be held at the same time and place on the first succeeding day not a holiday. provided that if this should be a legal holiday the meeting shall be held at the same time and place on the first succeeding day not a holiday. Each member shall be notified of each regular meeting at least five (5) days prior to the meeting, via a written agenda, prepared by the Secretary to the Commission. SECTION 2. AGENDA The activities at any regular meeting of the Commission shall be in accordance with a formal agenda. Such agenda shall be distributed to the Commission and made available to the public prior to each meeting. SECTION 3. AMENDMENTS TO AGENDA Agendas may be amended and/or items added or deleted from the agenda, by majority vote of the members present. SECTION 4. ORDER OF BUSINESS The order of business at regular meetings shall be as follows: (1) Call to order and roll call; (2) Nonsectarian Invocation; (3) Approval of minutes of previous meetings; (4) Preliminary 4 Subdivision Plats; (5) Family Transfer Plats; (6) Public Hearings; (7) Old Business; (8) New Business; (9) Commissioner’s Comments; and (10) Adjournment. SECTION 5. SPECIAL MEETINGS Special meetings or work sessions of the Commission may be called at any time by the Chairman or by two members upon written request to the Secretary. At least five (5) days in advance of a special meeting, the Secretary shall mail to all members, and post in a conspicuous place, a written notice fixing the time and place of the meeting and the purpose thereof. Written notice of a special meeting is not required if the time of the special meeting has been fixed at a regular meeting, or if all members are present at the special meeting, or file a written waiver of notice. Formal rules of procedure may be suspended for Commission special meetings or work sessions. The order of business at special meetings or work sessions shall be in accordance with the agenda prepared by the Secretary for such special meetings. SECTION 6. CANCELLATION Whenever there is no business for the Commission, the Chairman may dispense with a regular meeting by giving notice to all members at least two (2) days prior to the time set for the meeting, provided that the Commission shall meet at least every two months. SECTION 7. MEETINGS AND RECORDS OPEN The Commission shall keep a record (minutes) of all its proceedings and the same shall be of public record. 5  ARTICLE VI RULES OF ORDER SECTION 1. PARLIAMENTARY PROCEDURES The Commission and its proceedings shall be governed by the latest edition of Robert’s Rules of Order, Newly Revised, unless otherwise provided by these rules of procedure or applicable state law. SECTION 2. ANONYMOUS COMMUNICATION All communication shall include the name and address of the sender. Anonymous correspondence shall not be introduced to the Commission. ARTICLE VII TRANSACTION OF BUSINESS SECTION 1. MATTERS BEFORE THE COMMISSION Any matter before the Commission relevant to matters of zoning, the subdivision of land, urban renewal or implementation of the elements of the comprehensive plan will not be heard, nor will recommendations be made without first considering the pertinence of the matter with reference to the zoning map, land use plan and appropriate plan documents. SECTION 2. PUBLIC HEARINGS Public hearings are open to the public and citizens are encouraged to speak. The purpose of hearings is to receive testimony from the public and members of the Commission are not expected to respond to general questions. Response to questions shall be made at the discretion of the Chair. In addition to those required by law, the Commission may hold public hearings on any matter referred to the Commission by the City Council or on other planning issues in the interest of Suffolk citizens. 6  (a) Notice of public hearing shall be provided in accordance with §15.2-2204, Code of Virginia, and may be supplemented with additional notices as deemed appropriate by the Commission or staff. (b) Members of the public or their representatives wishing to address the Commission shall proceed to the appointed place, clearly state their names and addresses, and shall be subject to the time limitations set forth below. Public hearings shall be conducted in the following order: (1) Item description is read by Secretary. (2) Presentation by Staff summarizing the item. (3) The Chairman opens the public hearing. Public Hearings are 30 minutes. (a) Proponents of the item will have 10 minutes to speak on behalf of the item. * (b) Opponents of the item will have 15 minutes to speak in opposition to the item. * (c) The proponent will have 5 minutes for rebuttal. * (4) The Chairman closes the public hearing. (5) Questions of staff and applicant by Commission members, upon recognition of the Chairman. (6) Comments and discussion by Commission members. (7) Motion (8) Vote * The Commission may, by the passage of a motion that indicates the extension of the specific amount of time, allow additional time for speakers. (c) WRITTEN COMMUNICATION FROM APPLICANTS AND THE PUBLIC PRIOR TO STAFF REPORT REGARDING THE MATTER Written communication from applicants and the public shall be sent to the Secretary and shall be received by the close of business on the second Tuesday of the month in which a public hearing is set on the matter to be considered for a public hearing. The written comments will be provided to the applicant as a part of the staff report. 7  (d) WRITTEN COMMUNICATION FROM APPLICANTS AFTER RECIEPT OF THE STAFF REPORT REGARDING THE MATTER BY APPLICANTS Written communication from applicants only, received by the Secretary after the applicant has received the staff report regarding the same shall be received by the close of the business day the day before the scheduled meeting of the public hearing. Receipt of such written communication may be cause for delay of the public hearing until another date if such motion is made and passed. ARTICLE VIII VOTING SECTION 1. MAJORITY VOTE No action of the Commission shall be valid unless authorized by a majority vote of the members present. SECTION 2. QUORUM A majority of the members of the Commission shall constitute a quorum. SECTION 3. LACK OF QUORUM If a quorum is not present at the time set for the meeting, the Chairman or Chairman Pro tem shall wait until there is a quorum. If no quorum is present after a reasonable time and there appears to be no prospect that a quorum will assemble, then the Chairman or Chairman Pro tem shall call the meeting to order, announce the absence of a quorum, and state that the meeting is adjourned due to a lack of a quorum. SECTION 4. TIE VOTE In the event of a tie vote, the motion shall have been defeated. 8  ARTICLE IX CONDUCT OF PERSONS BEFORE THE PLANNING COMMISSION (a) During all regular and special meetings of the Commission, the public may be present and a specific time shall be reserved for receipt of public comments. At other times, the public shall remain silent unless specifically invited by the Chairman to provide comment. (b) Comments by members of the public should be addressed to the item before the Commission. Where a comment is irrelevant, inflammatory, or prejudicial, the Chairman may instruct the Commissioners to “disregard” the comment, which nevertheless remains in the public record. (c) During all work sessions of the Commission, the public may be present but shall remain silent unless specifically invited by the Chairman to provide comment. (d) During all Commission proceedings, members of the public have the obligation to remain in civil order. Any conduct that interferes with the legal, procedural, or equitable rights of another to provide comment or which interferes with a proper execution of Commission affairs may be ruled by the Chairman as “out-of-order" and the offending person be directed by the Chairman to remain silent. Once having been so directed, if a person persists in disruptive conduct, the Chairman may “eject” that individual from the Commission hearing or meeting. Where the person fails to comply with the ejection order, the Chairman may then call upon civil authority to physically remove the individual from the meeting place for the duration of hearing or deliberation on that item. ARTICLE X COMMITTEES SECTION 1. STANDING COMMITTEES Standing committees may be established by the Commission to make studies or carry out functions of the Commission; the members of the standing committees shall be appointed by the Chairman for the purposes and terms approved. 9  (a) COMMITTEE ON ORDINANCES The Committee on Ordinances shall be a Standing Committee. The Chairman shall have the authority to appoint a committee of the Commission whose responsibility will be to review and provide recommendations to the Commission on any proposed amendments to the Unified Development Ordinance. The committee shall consist of a minimum of three (3) members who shall be appointed by the Chairman at the regular meeting of the Commission held in the month of July. One (1) member shall be the Vice-Chairman of the Commission who shall serve as Chairman of the Committee. Terms of the committee shall be for one year, however, should a committee member resign from the committee prior to the end of the term, the Chairman shall appoint a new member to fill the unexpired term. All meetings of the committee shall be open to the public and all records of the committee shall be public record. SECTION 2. SPECIAL COMMITTEES The Chairman shall have the authority to appoint special committees to make studies or carry out specific functions of the Commissions; the members of the committees shall be appointed by the Chair for the special purpose and terms approved. ARTICLE XI PLANNING STAFF The City of Suffolk, VA Department of Planning shall be encouraged to advise, upon request, all members regarding the technical aspects of matters before the Commission. Consultation between the staff and citizens who are interested in planning questions shall also be encouraged. The Chairman may request the Planning staff to prepare and present special reports as the need arises. 10  ARTICLE XII SEVERABILITY Should any article of these Bylaws and Rules and Procedures be found to be invalid, the remaining articles shall remain in effect. ARTICLE XIII AMENDMENTS OF BYLAWS AND RULES AND PROCEDURES Amendments of these Bylaws and Rules and Procedures shall be approved by the Commission in regular session. Proposals for amendment shall be submitted to the Commission at a regular meeting and shall be scheduled for consideration and action at the next regular meeting. An affirmative vote of the majority of the entire Commission shall be required to amend the Bylaws and Rules and Procedures. ARTICLE XIV COMPLIANCE WITH BYLAWS AND RULES AND PROCEDURES Failure to comply with these rules does not invalidate any action of the Commission otherwise valid by law. These Bylaws and Rules and Procedures are APPROVED on the _____ day of _______, 2023. _____________________________________________ Arthur Singleton, Chairman of the Planning Commission 11 THIS PAGE WAS INTENTIONALLY LEFT BLANK  RESULTS OF THE CITY COUNCIL MEETING OF May 17, 2023 A. REZONING REQUEST, RZN2023-002, (Conditional), Parker Enterprises: to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously Approved approved proffered conditions, for properties located on Sleepy Hole Road, Zoning Map 19A, Parcel 63A, 63A*1 and 63A*2. The purpose of this request is to amend proffers associated with a proposed fence. B. CONDITIONAL USE PERMIT REQUEST, CUP2022-028, Indian Trail Solar Facility: Approved to grant a Conditional Use Permit to establish a solar energy facility, on property located on w/conditions Indian Trail, Zoning Map 39, parcel 39. C. CONDITIONAL USE PERMIT REQUEST, CUP2023-001, Verizon Wireless Cell Tower: to grant the Conditional Use Permit to establish a Telecommunication Tower (new Approved construction or increase in height), on property located on Mineral Spring Road, Zoning Map w/conditions 63, Parcel 37D. THIS PAGE WAS INTENTIONALLY LEFT BLANK