Suffolk City Council Agenda Packet (7-15-20) by City of Suffolk, Virginia

SUFFOLK CITY COUNCIL MEETING OF JULY 15, 2O2O

WORK SESSION

Begins at 5:30 P.M.

REGULAR SESSION

Begins at 6:00 P.M.

SUFFOLK CITY COUNCIL WORK SESSION July 15,2020 5:30 p.m. City Council Chamber

1."

Appointme nts

Proposed ltems for Closed Session

Boards and Commissions Vacancies July 15,2020

BOARD OR COMMISSION Community Policy & Management Team

NAME

TERM EXPIRES

COMMENTS

Mary Bess

06-30-20

Interested in reappointment. Parent Representative

Earty Chitdhood Development Commission

Vacant

12-3 1- 18

Child Care Professional Representative

Fine Arts Commission

Vacant

06-30-23

Previous member resigned.

Human Services Advisory Board

Vacant

06-30-19

Previous member resigned.

Local Board of Building Code Appeals

Mitchell Wilcox

06-30-19

Paul D. Camp Community Collegc Board

Dr. Charles Sanders

06-30-20

Louvenia Milteer

06-30-20

Eligible for reappointment.

Tidewater Youth Serwices Commission

Kimberly Jennings

06-30-1 8

Must be Court Services Director or Designee

Wetlands Board

Steven Barnum

l2-3T-19

Altemate member

David Thacker Joyner

l2-3t-r9

Alternate member

(]

DUuf[Easlern

trglnta Alcohol Action sar-ety Program

Not interested in reappointment; replacement should be a registered design professional aka licensed architect or engineer Interested in reappointment. Eligible for reappointment.

SUFFOLK CIry COUNCIL AGENDA July 15,2020 6:00 p.m. City Council Chamber

Call to Order

Nonsectarian lnvocation 3.

Approval of the Minutes

Special Presentations Removal of ltems from the Consent Agenda and Adoption of the Agenda

Agenda Speakers

Consent Agenda - An ordinance to accept and appropriate Fiscal year 20202021 Community Development Block Grant and Home lnvestment partnership Program funding from the U.S. Department of Housing and Urban Development

Consent Agenda

10.

An ordinance to accept and appropriate CARES Act Coronavirus Relief Community Development Block Grant funds from the U.S. Department of Housing and Urban Development An ordinance to accept and appropriate CARES

Act coronavirus Relief Funds from the U.S. Department of rransportation Federal Aviation Administration for the Suffolk Executive Airport

Consent Agenda

- An ordinance to accept and appropriate a Creative communities Partnership Grant award from the Virginia commission for the

Arts 11.

consent Agenda - An ordinance to amend chapter 66 of the code of the city of

Suffolk to add Section 66-281 .1 regarding Recognition Leave 12.

consent Agenda

13.

consent Agenda

14.

Public Hearing - An ordinance to rezone and amend the official zoning map of the city of suffolk, to change the zoning from o-r, office-lnstitutio;"i ,il.g district, to RU-'l2, Residential Urban-i2 zoning district, for property located ai 6808 Harbour View Bourevard, Zoning Map 6, parcer 2i-c; RZN2019-010

- An ordinance amending Section 66-232, of the code of the City of Suffolk to Amend Grievable lssues

- An ordinance to amend Section 66-2g3, of the code of the City of Suffolk regarding Military Leave pay

(Conditional)

15.

Public Hearing - An ordinance to grant a Conditional Use Permit to establish an AmusemenUentertainmenUrecreation center, indoor, on property located at126 West Washington Street, Zoning Map 34G18(A), Parcel 303; CUP2020-001

16.

Public Hearing - An ordinance to grant a Conditional Use Permlt to establish an AmusemenUentertainmenV recreation center, indoor, on property located at 153 W. Washington Street, Zoning Map 34G18(2), Parcet g*9A; CU72O2O-OO2

17.

An ordinance to grant a Conditional Use permit to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16, Parcel 24: CUP2019-016

18.

Ordinance - An ordinance authorizing the City Manager to accept a Deed OpenSpace Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Nansemond Reserve, Tax Map Number 19, parcel 44;

Public Hearing

FS8201S-00012 19.

Resolutions

20.

Staff Report

21.

Staff Report

- 2035 Comprehensive

Staff Report covtD-19

23.

Auto Aid lnitiative Plan Update

The City Manager or designee will provide an update related to

Motion - A motion to schedule a public hearing for the August S, 2020 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public lmprovement Bonds, Series 2020

24.

Motion - A motion to schedule a Public Hearing for August S,2O2O, to receive public comment on an ordinance authorizing the acquisition of real property within the 3800 block of Pughsville Road in fee simple and permanent easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension project

25.

Motion

A motion to schedule a city councir work session, for wednesday,

August 5, 2020, at 4'.00 p.m., unless cancelled 26.

Non-Agenda Speakers

27.

New Business

28.

Announcements and Comments

29.

Adjournment

City Council Regular Meeting

April 15,2020

Electronic Emergency Management Meeting of the Suffolk City Council on Wednesday, April 15,2020, at2:00 p.m. at the following locations:

PRESENT Council Members Linda T. Johnson, Mayor, presiding, Suffolk City Council Chamber, 442 West Washington Street Leroy Bennett, Vice Mayor, Fire Station Number 6, 300 Kings Fork Road Michael D. Duman, Fire Station Number 6, 300 Kings Fork Road Roger W. Fawcett, Fire Station Number 5, 3901 Bridge Road Donald Z. Goldberg, City Council Conference Room, 442West Washington Street Timothy J. Johnson, Suffolk Executive Airport, 1200 Gene Bolton Drive Curtis R. Milteer, Sr., Suffolk Executive Airport, 1200 Gene Bolton Drive Lue R. Ward, Jr., Fire Station Number 5, 3901 Bridge Road Patrick G. Roberts, City Manager Helivi L. Holland, City Attomey Erika S. Dawley, City Clerk

ABSENT None

CALL TO ORDER Mayor Johnson called the meeting to order. Mayor Johnson provided the following announcement: on March 12,2020, Govemor Ralph S. Northam declared a State of Emergency for the Commonwealth of Virginia, due to the rapid spread of Novel Coronavirus (COVID-l9). Following that declaration, City Manager Patrick G. Roberts declared the City of Suffolk to be in a State of Emergency. Because of the catastrophic nature of the declared emergency, it is impractical and unsafe to assemble a quorum of City Council in a single location. In accordance with the code of Virginia and Suffolk City Code, this Emergency Meeting of Suffolk City Council will be held via video and video conference. The meeting will be broadcasted live on the City's local cable channel (Spectrum Channel 190) and stream via the internet at http ://suffolkva. granicus. com/MediaPlayer.php?publish_id:2

City Clerk Dawley called the roll and all members of City Council were in attendance. Resolution

- A resolution to adopt the 2020 edition of the City of Suffolk's Emergency Operations

Plan, as amended

Utilizing a PowerPoint presentation, Fire Chief Michael Barakey offered a summary of the background information as printed in the official agenda.

Vice Mayor Bennett, on a motion seconded by Council Member Duman, moved to approve the resolution, as presented, by the following roll call vote: AYES:

NAYS:

Mayor L. Johnson, vice Mayor Bennett, and council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward None

8 0

City Council Regular

Meeting

April 15,2020

RESOLUTION TO ADOPT THE 2O2O EDITION OF THE CITY OF SUFFOLK'S

EMERGENCY OPERATIONS PLAN, AS AMENDED Utilizing a PowerPoint presentation, Deputy Fire Chief Brian Spicer submitted a synopsis of the City's ongoing efforts to address the Novel Coronavirus pandemic. Staff Report

Proposed Fiscal Year 2020-2021 Operating and Capital Budget

Utilizing a PowerPoint presentation, Finance Director Tealen Hansen gave a summation of

the

background information as printed in the official agenda.

Council Member Milteer opined about the real estate tax increases due an increase in assessed values and proposed increase in water and sewer rates. Council Member Fawcett opined about State funding impacting local revenues, the proposed increase in water and sewer rates, the proposed increase in refuse rates and the proposed five new positions. Council Member Duman opined about the Professional services line item, the Information Technology line item and other budgetary matters. Mayor Johnson opined about the proposed Fiscal Year 2020-2021 Operating Budget before and after the onset of the Novel Coronavirus pandemic.

Council Member Johnson opined about the proposed Fiscal Year 2020-2021 Operating Budget as it relates to the feasibility of using the rainy day funds, proposed increase in water and sewer rates and the feasibility of a revised budgetary submission from Suffolk Public Schools. Vice Mayor Bennett opined about the proposed increase in water, sewer and refuse rates. Council Member Ward opined about the proposed Fiscal Year 2020-2021 Operating Budget. Council Member Goldberg opined about the proposed Fiscal Year 2020-2021 Operating Budget.

MOTIONS a public hearing to be held on May 6,2020, to receive public comment on the proposed Fiscal Year 2020-2021 Operating and Capital Budget

Motion

- A motion to schedule

Council Member Milteer, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing to be held on May 6, 2020, to receive public comment on the proposed Fiscal Year 2020-2021Operating and capital Budget, by the following roll call vote:

AYES:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward

NAYS:

None

City Council Regular

Meeting

April15,2020

Motion - A motion to schedule a public hearing to be held on May 20,2020, to receive public comment on the proposed Fiscal Year 2020-2021 Citywide effective real estate tax due to the assessment of 1.87%

Council Member Fawcett, on a motion seconded by Council Member Goldberg, moved to schedule a public hearing to be held on May 20, 2020, to receive public comment on the proposed Fiscal Year 2020-2021Citywide effective real estate tax due to the assessment of 7.87Yo, by the following roll call vote:

AYES:

NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward None

Motion

- A motion to schedule a public hearing to be held on May 6,2020, to receive public comment proposed on the FY 2020-2025 Consolidated Plan and the2020-2021 Annual Action Plan for the City of Suffolk's Community Development Block Grant Program and the Western Tidewater Home Consortium HOME Investment Partnership Grant Program Council Member Fawcett, on a motion seconded by Vice Mayor Bennett, moved to schedule a public hearing to be held on May 6, 2020, to receive public comment on the proposed FY 2020-2025 Consolidated Plan and the 2020-2021 Annual Action Plan for the City of Suffolk's Community Development Block Grant Program and the Westem Tidewater Home Consortium HOME Investment Partnership Grant Program, by the following roll call vote: AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward None

Mayor Johnson announced that the City Council will have an electronic or regular meeting on the regularly scheduled City Council meeting date of May 6, 2020, at 7:00 p.m., unless cancelled. The decision of the type of meeting will be governed by the state of the local emergency or any federal or state order. Notice of the meeting will be provided to the public as soon as practical. Instructions on how citizens may participate in scheduled public hearings for electronic meetings will be provided in the public notice of the electronic meeting

Council Member Duman, on a motion seconded by Council Member Ward, moved to adjourn, by the following vote: AYES: NAYS:

Mayor L. Johnson, Vice Mayor Bennett, and Council Members Duman, Fawcett, Goldberg, T. Johnson, Milteer and Ward

None

City Council Regular

Meeting

April15,2020

There being no further business to come before City Council, the regular meeting was adjourned at 3:11 p.m.

Teste:

Erika S. Dawley, MMC, City Clerk

Approved: Linda T. Johnson, Mayor

Special Presentations

Removal of Items from the Consent Agenda and Adoption of the Agenda

Agenda Speakers

AGENDA: July 15,2020 ITEM:

Regular Session

Consent Agenda - An ordinance to accept and appropriate Fiscal Year 2020-2021 Community Development Block Grant and Home Investment Partnership Program funding from the U.S. Department of Housing and Urban Development

The City has received an award from the U.S. Department of Housing and Urban Development in the amount of $867,531 including $480,588 in Community Development Block Grant (CDBG) Program funds and $386,943 in Home Investment Partnership Program (HOME) funds. Attached for City Council's consideration is an ordinance to accept and appropriate $867,531 in Community Development Block Grant (CDBG) and HOME Investment Partnership Grant (HOME) funds. In compliance with the approved FY 2020-2021 Annual Action Plan, CDBG funds totaling $480,588 will be used for program administration and program activities that provide services to low-tomoderate income persons and families in the City. HOME funds totaling $386,943 will be used forprogram administration and program activities that provide services to low-to-moderate income persons and families of the Westem Tidewater HOME Consortium (WTHC). Suffolk is the lead agency of the WTHC which includes the cities of Suffolk and Franklin and the counties of Isle of Wight and Southampton.

Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund for Fiscal Year 2020-2021. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund by $867,531 for the above-noted purpose and does not require local fund support. The required25% local match to the HOME grant will be achieved through in-kind contributions provided by HOME grant recipients.

RECOMMENDATION: Adoption of the attached ordinance is recommended

ATTACHMENTS: Ordinance

CDBG and HOME Program Grants Funding Notification

ORDINANCE NO.

AN ORDINANCE TO ACCEPT AND APPROPRIATE FISCAL YEAR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME INVESTMENT PARTNERSHIP PROGRAM FUNDING FROM TTIE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 2O2O-202I

WHEREAS, the City of Suffolk has met all conditions warranting the U.S. Department of Housing and Urban Development to release its Fiscal Year 2020-2021 Community Development Block Grant (CDBG) and Home Investment Partnership Program (HOME) funding; and,

WHEREAS, while CDBG funds are specific to the City of Suffolk, HOME, funds are administered to the geographically contiguous cities and counties that make up the Western Tidewater HOME Consortium including the cities of Suffolk and Franklin and the counties of Isle of Wight and Southampton; and, WHEREAS, the City of Suffolk serves as the Lead Agency for the Western Tidewater HOME Consortium and is responsible for the administration of the CDBG and HOME program grants funds.

NOW, TFIEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

1. The City of Suffolk hereby accepts and appropriates the Fiscal Year 2020-2021 CDBG and HOME funds from the U. S. Department of Housing and Urban Development in the amount of $867,531.

2.The sum of $ 480,588.00 shall be reflected as budgeted in the Fiscal Year2020-2021 Consolidated Grants Fund and the following accounts shall be increased accordingly: Revenue 2 1 1 -8 I 100 -20210t _432010

CDBG HUD;20121

Expenditure

CDBG HUD;20121

21 1-8 I 100-202101_5 I I 00.02 2t 1 -8 1 1 00 -2021 0 t_52 I 00 2 I 1 -8 1 100 -202t01 _522t0

Salaries

2t I -81 I 00-202 2t I -81 I 00-202

1_53 I 00

_52400

1-81 1 00-202101_54500 2 1 1 -8 I 100 -202t01_s5500 2 I I -8 1 100-202101_5560

21 I -8 I I 00 -2021 0 I _s s 65 4 2t 1 -8 | 1 00 -2021 0 t_5 5 6 8 I 2l I -81 100-202t01_ss691

2t 2t

-8 I I 00 -202t 0 t_5

-81

609

rcA-20210 l_55693

Wages

FICA VRS Group Life Professional Services Risk Management

Travel and Training ForKids, inc. Genieve Shelter Western Tidewater Free Clinic Boys and Girls Club of Southeastern VA Emergency Home Repair Program Neighborhood & Community Improvmnt

$480J88J0

$53,553.70 4,096.96 6,083.70 701.ss 515.00 12,077.29

5,290.90 17,000.00 17,000.00

28,000.00 15,000.00 114,354.00 206.915.00

$48018S.00

The sum of $386,943.00 shall be reflected as budgeted in the Fiscal Year 2020-2021 Consolidated Grants Fund and the following accounts shall be increased accordingly: Revenue 21 1 -8 I 1 00 -2021 02

J33 07 0

Expenditure 2r t -8r r00 -202t 02_s 1 I 00. 02 2 1 I -8 1 100-202t02_52 I 00 21 I -81 | 00 -2021 02 _522t 0 2 1 1 -8 1 1 0 0 -202 1 02 _524 0 0 2t l -81 t00-202t02 53 I 00

I -8 I I 00 -2021 02_s s 8 8 6. 02 21 I -8 | I 00 -2021 02_5 5 8 8 6. 04 211 -81100 -202102 ss 886.06

2 1 I -8 1 100 -202102_ss 886.08

2t | -8t

100 -202102_5

86. I 0

HOME Grant HUD;20/21

$386p43=00

HOME Grant HUD;20121 Salaries

Wages

FICA VRS Group Life Risk Management City of Suffolk City of Franklin County of Isle of Wight County of Southampton CHDO

15,951.39 1,220.28 1,912.09

208.96 4,023.95 77,584.46 71,584.46 71,594.46 71,584.46 77.388.60 $386.943.00

4. The fund amounttotaling $867,531.00 is hereby appropriated foruse as referenced in this Ordinance, and the budget approved by Ordinance Number 20-0-028, as amended. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 5. This ordinance shall be effective upon passage and shall not

be published.

READ AND PASSED:

TESTE: Erika S. Dawley, City Clerk

Holland, City Attorney

"*"illlnillll'?

;;!i|ll[":j

U.S. DEP.A,RTMENT OF HOT]SING AND URBAN WASHINGTON, DC 2O4IO-7OOO

DEVELOPMENT

ASSISTANT SECRETARY FOR

COMMLNITY PLANNING AND DEVELOPMENT

February 18,2020

The Honorable Linda Johnson Mayor of Suffolk 442W Washington Street l st Floor Suffolk, YA23434

Dear Mayor Johnson:

I am pleased to inform you of your jurisdiction's Fiscal Year (F\) 2020 allocations for the Office of Community Plaruring and Development's (CPD) formula programs, which provide funding for housing, community and economic development activities, and assistance for low- and moderate-income persons and special needs populations across the country. President Trump signed Public Law I 16-94 onDecember 2}th,2Ol9,which includes FY 2020 funding for these programs. Yourjurisdiction's FY 2020 available amounts are as follows: Community Development Block Grant (CDBG) HOME Investment Partnerships (FIOME) Housing Opportunities for Persons With AIDS (HOPWA) Emergency Solutions Grant @SG)

$480,588 $386,943

$o $o

This letter highlights several important points related to these programs. We remind grantees that CPD seeks to develop viable communities by promoting integrated approaches that provide decent housing and suitable living environments while expanding economic opportunities for lowand moderate-income and specialneeds populations, including people living with HIV/AIDS. The primary means towards this end is the development of partnerships among all levels of govemment and the private sector, including both for-profit and non-profit organizations. Based on your jurisdiction's CDBG allocation for this year, you also have $2,402,940 in available Section 108 bonowing authority. Since Section 108 loans are federally guaranteed, this program can leverage your jurisdiction's existing CDBG firnding to access low-interest, long-term financing to invest in Opporlunity Zones or other targetareas in your jurisdiction. Because the funds are not appropriated by Congress, Housing Trust Fund (HTF) formula allocation will be announced at a later date under separate cover.

HIID continues to emphasize the importance of effective performance measurements in all its formula grant programs. Proper reporting in the lntegrated Disbursement and Information System (IDIS) is criticalto ensuring grantees are complying with program requirements and

policies, providing demographic and income information about

www.hud.gov

thi

espanol.hud.gov

peisons that benefited from a

communityrs activities, and allowing HIID to monitor grantees. Your ongoing attention to ensuring complete and accurate reporting ofperformance measurement data continues to be an invaluable resource with regard to the impact ofthese formula grant programs. The Office of Community Planning and Development is looking forward to working with you to promote simple steps that will enhance the performance of these critical programs and successfully meet the challenges that our communities face. If you or any member of your staff have questions, please contact your local CPD Office Director.

Sincerely,

}*-r D2

David C. Woll, Jr. Principal Deputy Assistant Secretary

AGENDA: July

ITEM:

15,2020, Regular Session

Consent Agenda - An ordinance to accept and appropriate CARES Act Coronavirus Relief Community Development Block Grant funds from the U.S. Department of Housing and Urban Development

Attached for the City Council's consideration is an ordinance to accept and appropriate $282,715 in CARES Act Coronavirus Relief Community Development Block Grant funds from the U.S. Department of Housing and Urban Development. The funding will be used to assist with eligible expenditures due to the coronavirus public health emergency with a priority of addressing the unique needs of low-to-moderate income persons and families in the city.

Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund for Fiscal Year 2020-2021. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund by $282,715.00 for the above-noted purpose and does not require local fund support.

RECOMMENDATION: Adoption of the attached ordinance is recommended

ATTACHMENTS: Ordinance CDBG Program Grant Funding Notification

ORDINANCE NO.

AN ORDINANCE TO ACCEPT AND APPROPRIATE CARES

ACT CORONAVIRUS RELIEF COMMTIMTY DEYELOPMENT BLOCK GRANT FUNDS FROM THE U.S. DEPARTMENT OF IIOUSING AND T]RBAN DEVELOPMENT WHEREAS, the City has received CARES Act Coronavirus Relief Community Development Block Grant funds in the amount of $282,715 from the U.S. Department of Housing and Urban Development to address the coronavirus pandemic; and, WHEREAS, the funds received need to be accepted and appropriated to the Consolidated Grants Fund budget for Fiscal Year 2020-2021 to assist with eligible expenditures due to the coronavirus public health emergency.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

1. The sum of $282,715 shall be reflected as budget in the Fiscal Year 2020-202I Consolidated Grants Fund and the following accounts shall be increased accordingly: Revenue 2 1 1 -8 1 100-20214t

_4320t0

Expenditure 2t 1 -8 I I 00 -2021 4L_5 5 60 1 2 1 1-8 1 t00-202t41 _556s4 2t 1 -8 I 1 00 -202t 4 t_5 5 6 8 1

2II-81t00-202141

5569

CDBGCARESACT; 06122

s282J15

CDBGCARESACT; 06122 For Genieve Westem Tidewater Free Boys and Girls CIub of Southeastern

$120,176 46,227 70,085 46.227

Kids Shelter

C1inic

$2UJJ5

3. The fund amount totaling $282,715 is hereby appropriated for use as referenced in this Ordinance, and the budget approved by Ordinance Number 20-0-028 as amended.. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 4. This ordinance shall be effective upon passage

and shall not be published.

READ AND PASSED:

TESTE:

Erika S. Dawley, Cify Clerk

vi L. Holland, City Attorney

,.,ffi

U.S. DEPARTMENT OF HOUSING AND URBAN WASHINGTON, DC 2O4IO-7OOO

DEVELOPMENT

ASSISTANT SECRETARY FOR COMMLINITY PI-ANNING AND DEVELOPMENT

4pi12,2020

The Honorable Linda Johnson Mayor of Suffolk 442W Washington Street lst Floor Suffolk, VA23434 Dear Mayor Johnson:

I am pleased to inform you of a special allocation to your jurisdiction of Communify Development Block Grant frrnds to be used to prevent, prepare for, and respond to the coronavirus (COVID-19). This allocation was authorizedby the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), Public Law 1 t6-t36,which was signed by President Trump on March 27,2020, to respond to the growing effects of this historic public health crisis. The CARES Act made available $5 billion in Community Development Block Grant Coronavirus (CDBG-CV) funds. Of this amount, the Department is immediately allocating $2 billion based on the fiscal year 2020 CDBG formula. The remaining $3 billion .t utt U" allocated based on needs using best available data, in the following tanches: $1 billion shall be allocated to States and insular areas within 45 days of enacfrnent of the Cares Act, and $2 billion shall be distributed to states and local govemments at the discretion of the Secretary. Up to $10 million will be set aside for technical assistance. Given the immediate needs faced by o*.o*.rrrrrities, the Deparlment has arurormced the first allocation of funds. Yourjurisdiction's allocation is $282,715. The CARES Act adds additional flexibiliff for both the CDBG-CV grant and, in some cases, for ttre annual FY2020 CDBG grants in these unprecedented times. fhe pubtic comment period is reduced to not less than 5 days, grantees may use virtual public hearings when necesrury ttor public health reasons, the public services cap is suspended during the emergency, and States and local govemments may reimburse costs of eligible activities incurred for pandemic response regardless of the date.

In addition, the CARES Act authorizes the Secretary to grant waivers and altemative requirements of statutes and regulations the Secretary administers in connection with the use of CDBG-CV funds and flscal year 2019 and2020 CDBG funds (except forrequirements related to fair housing, nondiscrimination, labor standards, and the environment). Waivers and alternative requirements can be granted when necessary to expedite and facilitatethe use of funds to prevent, prepare for, and respond to coronavirus. The Deparlment is developing a notice that will fuither describes the CARES Act,s provisions, a Quick Guide to the CARES Act flexibilities and other provisions, and other resources

www.hud.gov

espanol.hud.gov

to enable sw'ift implementation of cDBG-cv grants. As these become available, they will be posted on HIID's website and distributed to grantees. The Departrnent will also suppofi grantees

with technical assistance. As you develop your plan for the use of these grant funds, we encouage you to consider pno;1ir" 16s rrnique needs of 1ow- and moderate-income persons and the development of partrerships between all levels of govemment and the private for-profit and nonprofit sectors. You should coordinate with state and local health authorities before undertaking any activity to support state or local pandemic response. CDBG-CV grants will be subject to oversighi, reporting, and requirements that each grantee have adequate procedues to prevent the duplication ofbenefits. HUD will provide guidance and technical assistance on DOB and regarding -irevention of fraud, waste, and abuse and docrrmenfing the impact of this program for beneficiariei.

approaches that

The office of community Planning and Development (cpD) is looking forward to working with you to successfi ly meet the urgent and complex challenges faced by our communities. If you or any manber of your staffhas questions, please contact your iocal cpD Field office Director or

CPDOuestionsAnswered@.hud. eov. Sincerely,

John Gibbs

Acting Assistant Secretary for Community Planning and Development U.S. Deparftnent of Housing and Urban Development

AGENDA: July 15,2020,

ITEM:

Regular Session

Consent Agenda - An ordinance to accept and appropriate CARES Act Coronavirus

Relief Funds from the U.S. Department of Transportation Federal Aviation Administration for the Suffolk Executive Airport Attached for Council's consideration is an ordinance to accept and appropriate $30,000 in CARES

Act Coronavirus Relief funds from the U.S. Department of Transportation Federal Aviation Administration in support of the Suffolk Executive Airport. The funding will be used to assist with eligible expenditures due to the coronavirus public health emergency. Adoption of the attached ordinance is necessaryto appropriate the funds to the Consolidated Grants Fund budget for Fiscal Y ear 2020-2021.

BUDGET IMPACT: Adoption of the ordinance will increase the FY 2020-2021Consolidated Grants Fund budget by $30,000.

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENTS: Ordinance Award Notice

ORDINANCE NUMBER

AN ORDINANCE TO ACCEPT AND APPROPRIATE CARES

ACT CORONAVIRUS RELIEF FUNDS FROM THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADNIINISTRATION FOR T}IE SUFFOLK EXECUTIVE AIRPORT

WHEREAS, the City has received CARES Act grant funds in the amount of $30,000 from the U.S. Department of Transportation Federal Aviation Administration to address the coronavirus pandemic; and, WHEREAS, the funds received need to be accepted and appropriated to the Consolidated Grants Fund budget for Fiscal Year 2020-2021 to assist with eligible expenditures due to the coronavirus public health emergency.

NOW, THEREFORE, BE iT ORDAINED by the Council of the City of Suffolk, Virginia, that:

The sum of $30,000 shall be reflected as budget in the following accounts in the Fiscal Year 2020-2021 Consolidated Grants Fund budget: Revenue 2 i I - 1 s0000 -202145 _433 1 40. 1 0s

Expenditure 21

1-1s0000-202t4s-s

100.02

AVIATIONCARESAC

6 I 24

$30J00

AVIATIONCARES AC T ;0 6 I 24 & Wages Regular

$30.000

Salaries

T ;0

2. The fund amount totaling $30,000 is hereby appropriated for use as referenced in this ordinance and the budget approved by Ordinance Number 20-0-028, as amended. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action. 3. This ordinance

shall be effective upon passage and shall not be published.

READ AND PASSED:

TESTE:

Erika S. Dawley, City Clerk

Helivi L. Holland, City Attorney

3-s1-0050-028-2020

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AirportsDivrsion Region

Easteh Dlstrlct or columbia, Maryland,

F"d"rrtaui"tion

CARES

FAAWASADo 13873 Park center Road

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Act Grant Transmittal Letter

June 10, 2020

Mr. Patrick Roberts, City Manager City of Suffolk c/o Mr. Tim Daniel, Airport Manager Suffolk Executive Airport 1200 Gene Bolton Drive Suffolk, Virgin ia 23434 Dear Mr. Roberts Please find the following electronic CARES Act Grant Offer, Grant No. 3-51-0050-028-2020 for the Suffolk Executive Airport. This letter outlines expectations for success. Please read and follow the instructions carefully.

To properly enter into this agreement, you must do the following:

The governing body must provlde authority to execute the grant to the individua i.e. the sponsor's authorized representative.

The sponsor's authorized representative must execute the grant, followed by the attorney's certification, no later than July 10, 2020 in order for the grant to be valid.

c. d.

You may not make any modification to the text, terms or conditions

igning the granU

ofthe grant offer,

Thegrant offermust be e lectronica lly s igned bythe sponsor's legal signatory authority and then the grant offer will be routed via email to the sponsor's attorney. Once the attorney has electronically attested to the grant, an email with the executed grant will be sent to all parties.

Subject to the requirements in 2 CFR 5 200.305, each payment request for reimbursement under this grant must be made electronically via the Delphi elnvoicing System. Please see the attached Grant

Agreement for more information regarding the use of this System. The terms and conditions of this agreement require you drawdown and expend these funds within four years. An airport sponsor may use these funds for any purpose for which airport revenues may be lawfully used. CARES grant recipients should follow the FAA'S policy and procedures Concerning the Use of Airport Revenues ("Revenue Use Policy"), 64 Federai Register 7696 (64 FR 7696), as amended by 78 Federal Register 55330 (78 FR 55330). The Revenue Use policy defines permitted uses of airport

revenue. ln addition to the detailed guidance in the Revenue Use Policy, the CARES Act states the funds may not be used for any purpose not related to the airport. With each payment request you are requiredto upload directlyto Delphi:

. .

An invoice summary, even if you only paid a single invoice, and The documentation in support of each invoice covered in the payment request.

Forthe final payment request, in addition to the requirement listed above for all payment requests, you are required to upload directly to Delphi:

. . .

3-51-0050-028-2020 A final financial report summarizing all of the costs incurred and reimbursed, and An SF-425, and

A narrative report.

The narrative report will summarize the expenses covered by the CARES Act funds and state that all expenses were in accordance with the FAA's Policy and Procedures Concerning the Use of Airport Revenues and incurred afterJanuary 20,2020, As a condition of receiving Federal assistance under this award, you must comply with audit

requirements as established under 2 CFR part 200. Subpart F requires non-Federal entities that expend or more in Federal awards to conduct a single or program specific audit for that year, Note that this includes Federal expenditures made under other Federal-assistance programs. Please take appropriate and necessary action to assure your organization will comply with applicable audit requirements and standards. SZSO,OOO

Once you have drawn down all funds and uploaded the required documents to Delphi, notify Melinda Lee by email that the grant is administratively and financially closed. Melinda Lee is readily available to assist you and your designated representative with the requirements stated herein. We sincer'ely value your cooperation in these efforts.

Sincerely,

Matther,v J Thys (Jun 12,2020 08:47 EDT)

Matthew

J. Thys,

Washington ADO

Manager

3-51-0050-028-2020

U.S. Department

oiTransportation FederalAviation

Admlnlstration CARES ACT AIRPORT GRANTS AGREEMENT

Part

l- Offer

FederalAward Offer Date June 10, 2020

Airport/PIanningArea SuffolkExecutiveAirport CARESGrantNumber 3-51-0050-028-2020 Unique Entity

TO:

ldentifier

055024845

City ofSuffolk (herein.allâ&#x201A;Źd th6 "Sponeoi')

FROM: The United States of America (acting through the Federal Aviation Administration, herein called the "FAA")

WHEREAS, the Sponsor has submitted to the FAA a Coronavirus Aid, Relief, and Economic Security Act

Act or "the Act") Airports Grants Application (herein called the "Grant,') dated May 11, 2020, for grant of Federal funds at or associated with the Suffolk Executive Airport, which is included as part of this Grant Agreement; and (CARES a

WHEREAS, the Sponsor has accepted the terms of FAA's 6rant offer; WHEREAS, in consideration ofthe promises, representations and assurances provlded by the Sponsor, the FAA has a pproved the G ra nt Applicatio n for th e Suffolk Executive Airport, (he rein ca lled the "G ra nt")

consisting of the following: This Grant is provided in accordance with the CARES Act, as described below, to provide eliBible Sponsors with funding to help offset a decline in revenues arising from diminished airport operations and activities as a result of the COVID-19 Public Health Emergency. CARES Act Airport Grants amounts

specific airports are derived by legislative formula. The purpose ofthis Grant is to maintain safe and efficient airport operations. Funds provided underthis Grant Agreement must only be used for purposes directly related to the airport. Such purposes can include the reimbursement of an airport's operational and maintenance expenses or debt service

payments. CARES Act Airport Grants may be used to reimburse airport operational and maintenance expenses directly related to the Suffolk Executive Airport incurred no earlier than January 20, 2020. cAREs Act Airport Grants also may be used to reimburse a sponsor's payment of debt service where such payments occur on or after March 27,2020. Funds provided under the Gra nt will be governed by

3-51-0050-028-2020

the same principles that govern "airport revenue." New airport development projects may not be funded with this Grant unless and until the Grant Agreement is amended or superseded by a subsequent agreement that addresses and authorizes the use of funds for the airport development p roject. NOW THEREFORE, in accorda nce with the applicable provisions of the CARES Act, Public Law 116-136, the representations contained in the Grant Application, and in consideration of, (a) the sponso/s acceptance ofthis offer; and, {b) the benefits to accrue to the United States and the public from the accomplish ment of the Grant and in compliance with the conditions as herein provided,

I I I

THE FEDERAT AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY

AND AGREES to pay 100% percent of the allowable costs incurred as a result of and in accordance with this Grant Agreement. oFFERS

)

Assistance Listings Number (Formerly cFDA Number): 20.106

This offer is made on and SUBJEcTTO THE FotLoWlNG TERMs AND coNDlTlONs: I

CONDITIONS

Maximum obliqation. The maximum obligation ofthe United States payable underthis Offer

s3o,ooo.

Period of Performance, The period of performance shall commence on the date the Sponsor formally accepts this agreement. The end date of the period of performance is 4 years (1,460 calendar days) from the date of acceptance, The sponsor may only charge allowable costs for obliBations incurred prior to the end date of the period of pedormance (2 CFR S 200.309). Unless the FAA authorizes a written extension, the Sponsor must submit all Grant closeout documentation and liquidate (pay-off) all obligations incu rred under this award no later than 90 calenda r days after the end date of the period of

performance (2 CFR 5 200.343). The period of performance end date shall not affect, relieve or reduce Sponsor obligations and assurances that extend beyond the closeout ofthis Grant Agreement.

3, . 4.

not seek reimbursement for any costs that the FAA has determined to be unallowable under the CARES Act.

Unallowable costs. The S ponsor

sha ll

lndirect costs - sponsor. The Sponsor may charge indirect costs under this award by applying the indirect cost rate identified in the Grant Application as accepted by the FAA, to allowable costs for Sponsor direct salaries and wages only.

5. Final Federal Share of Costs. The United States' share of allowable crant costs will be 1"00%. 6. completing the Grant without Delav and in Conformance with Requirements. The Sponsor

must carry out and complete the Grant without undue delays and in accordance with this Grant Agreement, the CARES Act, and the regulations, policies, standards and procedures ofthe Secretary of Tra nsportation ("Secretary"). Pursuant to 2 CFR I 200.308, the Sponsor agrees to report to the FAA any disengagement from funding eligible expenses under the Grant that exceeds three months and request prior approval from FAA. The report must include a reason for the stoppage. The Sponsor agrees to comply with the attached assurances, which are part of this agreement and any addendum that may be attached hereto at a later date by mutual consent.

Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw this offer at any time prior to its acceptance by the Sponsor.

3-s1-0050-028-2020 B.

Offer Expiration Date. This offer will expire and the United states will not be obligated to pay any part of the costs unless this offer has been accepted by the Sponsor on or before July 10, 2020, or such subsequent date as may be prescribed in writing by the FAA. lmproper Use of Federal Funds. The Sponsor must take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused In any other manner, including uses that violate this Grant Agreement, the CARES Act or other provision of applicable law. For the purposes of this Grant Agreement, the term "Federal funds" means funds however used or dispersed by the Sponsor, that were originally paid pursuant to this or any other Federalgrant agreement(s). The sponsor must return the recovered Federal s hare, inclu ding fu nds recovered by settle ment, o rde r, or judgment, to the Secreta ry. The 5po nso r must furnish to the secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the Sponsor, in court or otherwise, involving the recovery of such Federal sha re require advance a pproval by the Secretary,

10. United States Not Liable for DamaEe or lniuru. The United States is not responsible or liable for damage to property or injury to persons which may arise from, or relate to this Grant Agreement, including, but not limited to, any action taken by a Sponsor related to or arising from, directly or indirectly, this Grant Agreement. 11. System for Award Manasement (SAM) Resistration And Universal ldentifier. Unless the Sponsor is exempted from this requirement under 2 CFR S 25.110, the Sponsor must maintain the currency of its information in the SAM until the Sponsor submits the final financial report required under this Grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at Ieast annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about re8istration procedures may be found at the SAM website (currently at http://www,sam.gov), 12. Electronic Grant Pavment(s), U nless otherwise d irected by the FAA, the S ponsor must m a ke payment request u nder this agreement electronically via the Delphi elnvoicing System for Department of Tra ns portation (DOT) Financial Assistance Awardees.

13. Financial Reporting and Pavment Req uirements. The Sponsor will complywith all Federalfinancial reportinB requirements and payment requirements, including submittal of timely and accurate rePorts,

14. Buv American. Unless otherwise approved in advance by the FAA, the Sponsor will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any expense for which funds are provided under this Grant. The Sponsor will include a provision implementing appiicable Buy American statutory and regulatory requirements in all contracts related to this Grant Agreement. 15. Audits for Public Sponsors. The Sponsor must provide for a Single Audit or program-specific audit in accordance with 2 CFR Part 200. The Sponsor must submit the audit reporting package to the Federal Audit Clearinghouse on the Federal Audit Clearinghouse's lnternet Data Entry System at http://harvester.census.govfacweb/. Upon request ofthe FAA, the Sponsor shall provide one copy ofthe completed auditto the FAA. 16. Suspension or Debarment. When entering into a "covered transaction" as defined by 2 CFR 5 180.200, the Sponsor must:

A. Veriflihe non-federalentity

is eligibleto participate in this Federal program by:

3-51-0050-028-2020 Checking the excluded parties list system (EPLS) as maintained within the System for Award Management (SAM) to determine if the non-federal entity is excluded or

disqualified; or

Collecting a certification statement from the non-federal entity attesting the entity is not excluded or disqualifled from participating; or

Adding a clause or condition to covered transactions attesting the individual or firm is not excluded or disqualified from participating.

Require prime contractors to comply with 2 CFR S 180.33O when entering jnto lower-tier tra nsactions (e.9. sub-contracts).

lmmediately disclose to the FAA whenever the Sponsor (1) learns the Sponsor has entered into a covered transaction with an ineligible entity, or (2) suspends or debars a contractor, person, or entity.

17. Ban on Textine While Driving,

In accordancewith Executive Order13513, Federal Leadership on ReducinB Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving,

December 30, 2009, the Sponsor is encouraged to:

Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging whlle driving when performing any work for, or on behalf of, the Federal government, including work relating to this Grant or subgrant.

Conduct workplace safety initiatives in a manner commensu rate with the size of the business, such as:

Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and

Education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

The Sponsor must insert the substance ofthis clause on banning texting while driving in all su bgrants, contracts and subcontracts.

18. Traffickine in Persons.

You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not

Engage in severe forms of trafficking in persons during the period of time that the award is

in effeci;

2, 3. B.

Procure a commercial sex act during the period of time that the award is in effect; or Use forced labor in the performance of the award or subawards under the award.

The FAAasthe Federal awa rd ing agency may u n ilaterally term inate th is awa rd, without penalty, if you or a subrecipient that is a private entity

1, 2.

determined to have violated a prohibition in paragraph A of this award term; or

Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph A.1 of this award term throuBh conduct that is either

3-5L-0050-028-2020

a. Associated with performance underthis awardi or b. lmputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR Part 180, "OMB 6uidelines to Agencies on Government-wide Debarment and Suspension (Nonprocurement),"as implemented by the FAA at 2 CFR Part 1200.

You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph A during this award term.

Our right to terminate

nilaterally that is described in paragraph A of this section:

lmplements section 106(9) of the Trafficking Victims Protection Actof 2000 (WPA), as amended (22 U.S.C.0 710a{g)), and

ls in addition to all other remedies for noncompliance that are available to the FAA

under this award.

19. Emplovee Protection from Reprisal.

Prohibition of Reprisals

ln accordance with 41 U.S.C.54712, an employee ofagrantee orsubgrantee maynot be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body described in sub-paragraph (A)(2), information that the employee

reasonably believes is evidence of:

a, Gross mlsmanagement of a Federal granu b, Gross waste of Federal funds; c. An abuse ofauthority relating to implementation or use of Federalfunds; d, A substantial and specific danger to public health or safety; or e. A violation of law, rule, or regulation related to a Federal grant. 2.

Persons and bodies covered: The persons and bodies to which a disclosure by an employee is covered are as follows:

a. A member of Congress or a representative of a com mittee of Congress; b. An lnspector General; c. The Government Accountability Office; d. A Federal office oremployee responsible for ove rslg ht of a grant program; e. A court or grand jury;

A management office of the grantee or subgrantee; or A Federal or State regulatory enforcement agency.

bmission of Complaint A person who believes that they have been subjected to a reprisal prohibited by paragraph A of this grant term may submit a complaint regardlng the reprisal to the Office of lnspector General (OlG) for the U.S, Department of Transportation.

A complaint may not be brought under this Time Limitation for Submittal of a Complaint subsection more than three years afterthe date on which the alleged reprisaltook place.

Actions, limitations, and exceptions Required Actions ofthe lnspector General under 41 U.S.C. 5 4712(b). office are established lnspector General's

Upon receipt of an explanation of a decision not Assumption of Rights to Civil Remedy to conduct or continue an investigation by the Office of lnspector General, the person submittlng a complaint assumes the right to a civil remedy under 41 U.S.C. 5 4712(c).

ofthe

I I I

3-51-0050-028-2020

20. Limitations. Nothing provided herein shall be construed to limit, cancel, annul, or mod ify the terms of a ny Federal grant agreement(s), including all terms and assurances related thereto, that have been entered into by the sponsor and the FAA prior to the date of this Grant Agreement. SPECIAt CONDITIONS

ARFF

and sRE Equipment and Vehicles. The Sponsor agrees that it will:

A. House and maintain the equipment in a state of operational readiness on and for the airport; B. Provide the necessary staffing and training to maintain and operate the vehicle and equipment; C. Restrict the vehicle to on-airport use only; D. Restrict the vehicle to the use for which it was intended; and E. Amend the Airport Emergency Plan and/or Snow and lce Control of

a vehicle and

PIan to reflect the acquisition

equipment,

Equipment or Vehicle Replacement. The Sponsor agrees that it will treat the proceeds from the trade-in or sale of equipment being replaced with these funds as airport revenue.

Off-Airport Storaqe of

ARFF

Vehicle. The Sponsor agrees that it will:

House and maintain the vehicle in a state of operational readiness for the airport;

B. Provide the necessary staffing and training to malntain and operate the vehicle; C. Restrict the vehicle to airport use only; D. Amend the Airport Emergency Plan to reflect the acquisition of the vehicle; E. Within 60 days, execute an agreement wlth Iocalgovernment including the above provisions and a provision that violation of said agreement cou Id require repayment of Grant funding; and

bmit a copy of the executed agreement to the FAA.

Equipment Acouisition. The Sponsor agrees that it will maintain Sponsor-owned and -operated equipment and use for purposes directly related to the airport.

Utilities Proration, For purposes of computing the United States' share ofthe allowable airport operations and maintenance costs, the allowable cost of utilities incurred by the Sponsor to operate and maintain airport(s) included in the Grant must not exceed the percent attributable to the capital or operating costs of the airport.

Utilitv Relocation in Grant.

The Sponsor understands and agrees that:

The United States will notparticipateinthecostofanyutilityrelocationunlessanduntilthe Sponsor has submitted evidence satisfactory to the FAA that the Sponsor is legally responsible for payment of such costsi FAA participation is limited to those utilities located on-airport or off-alrport only where

the

Sponsor has an easement for the utility; and

The utilities must serve a purpose directly related to the Airport.

3-51-0050-028-2020 The Sponsor's acceptance of this Offer and ratification and adoption of the Grant Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and thls Offer and Acceptance shall comprise a Grant Agreement, as provided by the CARES Act, constituting the contractual obligations and rights ofthe United states and the Sponsor with respect to the accomplishment of the Grant and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance ofthis

offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION

(signoture)

Matthew

Thys

Fyped None)

lvlanager, Washington Airports District Off ice (Titte afFAAoJficiot)

3-51-0050-028-2020

Part ll - Acceptance The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Grant Application and incorporated materials referred to in the foregoing Offer under Part ll of this Agreement, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Grant

Application. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paperdocuments. You are not required to receive notices and disclosures or sign documents electronically. lf you prefer not to do so, you may request to receive paper copies and

i I :

withdraw your consent at any time. I

declare under penalty of perjury that the foregoing

true and correct.

Dated Jun 30,2020 City of Suffolk (Nome of Sponsor)

Patrick Roberts (Jun 30, 2020 13:51 EDT)

(Slgnoturc of Sponsor's Authorlzed offlciol)

By:

Patrick Roberts (Typed Nome of Sponsols Authorized Offlclol)

Title:

City Manager (Title of Sponsols Authorized Offlclol)

3-51-0050-028-2020 CERTIFICATE OF SPONSOR.S AITORNEY

Hetivi Holland

acting as Attorney for the Sponsor do hereby certify:

That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Virginia. Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's officialrepresentative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the CARES Act. The Sponsor understands fu nding made avallable u nder this Grant Agreement may only be used to reimburse for airport operational and maintenance expenses, and debt service payments, The Sponsor further understands it may submit a separate request to use funds for new airpoft/project development purposes, subject to additlonal terms, conditions, and assurances. Further, it is my opinlon that the said Grant Agreement constitutes a legal and binding obligation ofthe Sponsor in accordance with the terms thereof. Please read the following information: By signing this document, you are agreeing that you have reviewed the following consumer disclosure information and consent to transact business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures in lieu of using paper documents. You are not required to receive notices and disclosures or sign documents electronically. lf you prefer not to do so, you may request to receive paper copies and withdraw your consent at any time.

Dated at Jun 30,2020

Bv:

dal (Siqnoture af Sponsols

Attahey)

AGENDA: July 15,2020, ITEM:

Regular Session

- An ordinance to accept and appropriate a Creative Communities Partnership Grant award from the Virginia Commission for the Arts Consent Agenda

The City has received a $4,500 Creative Communities Partnership Grant award from the Virginia Commission for the Arts in support of local arts and cultural activities through the Suffolk Fine Arts Commission (SFAC) grant program. The SFAC grant plogram provides grants to local and regional organizations to increase community access to high quality arts, including the visual and performing arts.

Adoption of the attached ordinance is necessary to accept and appropriate these funds to the appropriate line item in the Consolidated Grants Fund Budget for Fiscal Year 2020-21. BUDGET IMPACT: Adoption of the ordinance will increase the planned revenues and expenditures of the Consolidated Grants Fund by $4,500 for the above-noted purpose and requires $4,500 in local matching funds which are provided for in the adopted Fiscal Year 2020-2021 General Fund budget.

RECOMMENDATION: Adopt the attached ordinance

ATTACHMENTS: Ordinance

Award Letter

ORDINANCE NUMBER

AN ORDINANCE TO ACCEPT AND APPROPRIATE A CREATIVE COMMUNITIES PARTNERSHIP GRANT AWARD FROM THE VIRGINIA COMMISSION FOR THE ARTS WHEREAS, the City has received funds from the Virginia Commission for the Arts in the amount of $4,500 in support of local arts and cultural activities; and,

WHEREAS, the funds received need to be accepted and appropriated to the Consolidated Grants Fund Budget for Fiscal Year 2020-2021 to assist with the Suffolk Fine Arts Commission's grant program to increase community access to the arts. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that:

The sum of $4,500 shall be reflected as budget in the following accounts in the Fiscal Year 2020-2021 Consolidated Grants Fund budget: Revenue

2ll-71350-202135 424070 FineArtsCommVAComm.Arts2l0l04;6121 $4J00 FineArtsComm VAComm.Arts 210104; 6121 2ll-71350-202135_55600 Contributions to other Entities

Expenditure

2. The fund amount totaling

$4100

$4,500 is hereby appropriated for use as referenced in this ordinance and the budget approved by Ordinance Number 20-0-028, as amended. The City Manager be, and is hereby authorized and directed to do all things necessary to effectuate this action.

3. This ordinance

shall be effective upon passage and shall not be published.

READ AND PASSED:

TESTE:

Erika S. Dawley. City Clerk

Holland, City Attorney

COMMONWE A,LTfn @/ VIR GIN[.A. COMMISSION FOR THE ARTS MAIN STREET CENTRE 600 EAST MAIN STREET, SUITE 330 RICHMOND, VIRGINIA 23219

June 18, 2020

Patrick Roberts, City Manager BOARDICOMMISSION MEMBERS

ABIGAIL G6 !1CE CHAIR WNCHESTER

Dear Mr. Roberts:

TERNY EUORY BUNTNOCK WLLIAMSAURG

iIICHAEL iIARXLEY REMINGTON

suslrMIIA irtzulloaR ARLINGTON

JAI

t{OltROE

FREDERICKSBURG LAURIE I,IAISMIrH NORFOLK

BAiBARA PARXER COLLINSVITLE A'IAIIDA PILLION ABINGDON OAVID B, TRINXLE. M.O. ROANOKE

23434

21-0104

ASA M. JACXSON SECRETARY NEWPORT NEWS

DEI{A JENNINGS. D.O. ORANGE

Grant I.D. #: FY21 Creative Communities Parttrership Grant: $ 4,500 Federal LD. #: 54-6001636 Vendor I.D. #:

ROEERTGOUOIE RSSTON

P. O. Box 1858

Suffolk,

J. MATTHEW CONRAO CHAIR RICHMOND

JANET STARKE EXECUTIVE DIRECTOR

City ofSuffotk

We are pleased to inform you that the Vtginia Commission for the Arts has awarded your locatity an FY2l Creative Communities Parhership Grant in the amount referenced above, for art(s) organizations listed in your FY202 I application.

Your signature on the Certification ofAssurances in the application indicated your ageement to the grant conditions. Any changes in the distribution of eitler the local or state fimds must be rcported to the Commission. All published materials and announcements about your local re-ganting progmm must acloowledge that the progam is partially supported by the Virginia Commission for the Arts and the National Endowment for the A-rts. To tlo$nltrad the Virginia Commission forthcArtsand thc rcviscd National Endon'ment for the Arts logos, visit our website www.arts.vireinia.gov. Please note that the National Endowment for the Arts should be referenced with its full name, or the "Arts Endowment", as opposed to the former "NEA".

order to release the funds, the Commission must receive online confirmation that your local govemment fulfilled the matching requirement no later than February 1, 2021. The requirement is met through an appropriation of 2020-2021 local tax revenues for arts organizations, matching or exceeding the amount

has

of the grant. Online reportine must include a list of the orsanizations that received fundine. atrd descriptiotr of the total VCA AND local qovernment match awsrded to each orsatrization. This confrmatior must take the form ofthe appropriate

page ofyourjurisdiction's approved 2020 - 2021 budget copy ofthe check(s) to the sub-grantee(s). Your confirmation should refer to the !q!g[ actual dollar amounts awarded to the arts organization(s). Final report/confirmation forms can be found on the applicanfs "Dashboard" on the Commission's online g'ant portal. Finally, tocalities that receive more than $750,000 in federal funding may be requested to submit their annual audit to the VCA.

{![B

The Commission is grateful for your contribution in making high quality arts activities available to the citizens of Virginia. Please accept our best wishes for your continued success. Sincerely,

Sub-grantee(s): SPARC Initiative Suffolk Art Leaque. Vireinia Opera, Virginia Stage Company, Virginia Symph6ny Orcf,estra

!T."1,iifl.uio..,",

(804) 225-3132 (Voice/TDD) Email: arts@vca.virginia.gov URL:www.arts.virginia.gov

AGENDA: July

ITEM:

15,2020, Regular Session

Consent Agenda - An ordinance to amend Chapter 66 of the Code of the City Suffolk to add Section 66-281.1 regarding Recognition Leave

Attached, for Council's consideration and approval, is an ordinance modifying and amending Chapter 66 of the Personnel Code, Section 66-281.1, Recognition Leave of the Suffolk City Code, conceming adding provisions for the administration of Recognition Leave. Adoption of the attached ordinance is necessary for City Employees to receive benefit provisions indicated by policy as well as continue the City's efforts in attracting and retaining employees.

RECOMMENDATION: Adopt the attached ordinance.

ATTACHMENT: Ordinance

ORDINANCE NUMBER

AN ORDINANCE TO AMEND CHAPTER 66 OF THE CODE OF THE CITY OF SUFFOLK TO ADD SECTION 66.28I.1 REGARDING RECOGNITION LEAVE BE IT ORDAiNED by the Council of the City of Suffolk. Virginia, that Chapter 66 of the Code of the City of Suffolk, Virginia, is hereby arnended to add Section 66-281.1, Recognition Leave, to read as follows: Sec. 66-28 l.

I Recogriition leave

The Citv Manager mav grant Recognition Leave to employees as part of an approved progranr such as Rervard and Recosnition. Loneevit),. Reterrtion. Hirine Incentivc. or the like. Such leave n'rust be preapproved: is not cumulative: rvill have an expiration date: and is not otherrvise compensable.

BE IT FURTI{ER ORDAINED that this ordinance shall be effective upon passage and shall not be published.

READ AND PASSED: TESTE: Erika S. Dau,ley. City Clerk

Helivi L. Holland. Citv Attornel,'

AGENDA: July 15,2020, Regular Session

ITEM:

Consent Agenda - An ordinance amending Section 66-232, of the Code of the City of Suffolk to amend Grievable Issues

Attached, for Council's consideration and approval, is an ordinance modifiing and amending, Section 66-232 of the Code of the City of Suffolk, which expands on the language used in the City's non-discrimination policy.

RECOMMENDATION: Adopt the attached ordinance.

ATTACHMENT: Ordinance

ORDINANCE}IUMBER

AN ORDINANCE AMENDING SECTION 66-232, OF THE CODE THE CIIY OF SIIFI'OLKTO AMEND GRIEVABLEISSUES

OF'

BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that Section 66-232, Grievable Issues, of ttre Code of the City of Suffolk Virginia, is hereby amended to read as follows: Sec. 66-232. C'rievable Issues

A grievaace is a complaht or dispute of an employee r.elating solely to his emplolment and including but not necessarily limited to, such issues as:

(1) (2) (3)

The disciplinary actions of written reprimand, demotions, dismissals,

and

suspensions;

Concerns regarding the appiication, meaning, or interpretation of personnel policies, procedures, rules, and regulations; Discrimination in any employment practice based on the employee's race, color, creed, sex or sender (includins oresnancv. childbirth or reiated conditions. to include lactation). age, religion, national origin, disability; political affilia1i61; sexual orientationl or sender identitv: BE IT FURTI{ER ORDAINED that this ordinance shall be effective passage.

READAND PASSED: TESTE:

AGENDA: July 15,2020, Regular Session

ITEM:

Consent Agenda - An ordinance to amend Section 66-283, of the Code of the City of Suffolk regarding Military Leave Pay

Attached, for Council's consideration and approval, is an ordinance modifuing and amending, Section 66-283, of the Code of the City of Suffolk, which aligns the City Code to that of the Code of Virginia.

RECOMMENDATION: Adopt the attached ordinance.

ATTACHMENT: Ordinance

ORDINAI\CE NUMBER

AN ORDINANCE TO AMEND SECTION 66-283, OF THE CODE OF THE CITY OF SUFFOLK REGARDING MILITARY LEAVE PAY BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that Section 66-283, ofthe Code ofthe City of Suffolk Virginia, is hereby amended to read as follows: Sec. 66-283.

Military leave.

(a) Any employee who is or may become a member of any reserve component of theamed forces of tlle United States or Vireinia National Guard shall be entitled to a leave of absence from his 949! respective duty without loss of time, regular leave, vacation, impairment of employee evaluation, or any other rights or benefits to which he one is otherwise entitled, for all periods of military service during which he one is engaged in the performance of duty or training in the service of the State or the United States, under competent orders. A4 folltime-employee while on such leave shall be paid his their regulat salary or compensation for a period not exceeding 15 workdays in any one federal fiscal year and shall be calculated in as prescribed by Section 44-93 ofthe Code of Virginia. (b) Every employee retuming from military leave shall submit to his deparfinent director proofofnumber ofdays spent on duty.

(c) The city is committed to fully complying with the Uniformed Services Employment and Reemployment Rights Act of 1994, as amended, and all other laws granting rights to employees based on past, present, or futule service in the United States Armed Forces, all of which laws shall control over any conflicting provisions in this chapter.. BE IT FURTHER ORDAINED that this ordinance shall be effective upon passage.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

AGENDA:

July 15,2020, Regular Session

ITEM:

Public Hearing - An ordinance to rezone and amend the official zoning map of the City of Suffolk, to change the zoning from O-1, Office-Institutional zoning district, to RU-12, Residential Urban-L2 zoning district, for property located at 6808 Harbour View Boulevard, Zorung Map 6, Parcel 2J*C; RZN2019-010 (Conditional)

Attached for your consideration is information pertaining to Rezoning Request, RZN2019-010, (Conditional), Harbour View Parcel 11, submitted by Melissa Venable, Land Planning Solutions, agent, on behalf of Scott Overton, Suffolk Towers LLC, applicant and property owner, in accordance with Section 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the offrcial zoning map of the City of Suffolk to change the zoning from O-I, OffrceInstitutional zoning district, to RU-12, Residential Urban-12 zoning district, for property located at 6808 Harbour View Boulevard, Zoning Map 6, Parcel 2J*C. The affected area is further identified as being located in the Nansemond Voting Borough, zoned O-I, Office-Institutional zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District.

The Planning Commission, at their meeting of June 16, 2020, voted 6 to 0 to approve resolution recommending approval of this request. ATTACHMENTS: Staff Report General Location Map Zoning lLand Use Map Narrative Conceptual Layout Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B - Rezoning Proffers

ExhibitC-PropertyMap

Exhibit D - Rezoning Exhibit Exhibit E - Proposed Land Use Plan

STAFF RE,PORT DESCRIPTION

REZONING REQUEST: Rezoning Request, RZN2019-010 (Conditional), Harbour View Parcel 11, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-l2 zoning district, for property located at 6808 Harbour View Boulevard.

APPLICANT: Melissa Venable, Land Planning Solutions, agent, on behalf of Scott Overton, Suffolk Towers LLC, applicant and property owner.

LOCATION: The subject property is located at 6808 Harbour View Boulevard, Zoning Map

Parcel 2J* C,Nansemond Voting Borough.

PRESENT ZONING: The subject parcel is zoned O-I, Office-Institutional zoning district.

EXISTING LAND USE: The subject properly is approximately 41.3 acres in size and is currently forested land. The property is a part of the Bridgeway Commerce Park.

PROPOSED LAND USE: The applicant is requesting to rezone a portion of the subject property from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-12 zoning district. The applicant proposes to rezone 34.4 acres of the property to RU-12 to build a23'7-unit age restricted development. The balance of the property, 6.9 acres located on Harbour View Boulevard is to remain O-I, Office- Institutional zoning district. SURROUNDING LAND USES: North- Warehouses and an assisted living facility zoned M-1, Light Industrial zoning district. South- Vacant land zoned O-I, Office Institutional zoning district. East- Route 664 and vacant land zoned O-I, Office Institutional zoning district. West- Nansemond Suffolk Academy and Towne Bank zonedB-2, General Commercial zoning district and residential homes zoned PD, Planned Development Overlay District.

COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as a 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 Overlay District and is designated as a Resource Management Area (RMA). FLOOD PLAIN: The property falls within Flood Zone X (areas of minimal risk), as shown on Panel 0043E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3,2015. CASE HISTORY:

1987, City Council approved the Harbour View Planned Development-Housing District, which rezoned properties along the Harbour View Boulevard corridor to a mixture of residential

City Council JuJy 15,2020

MN2019-010 Page 2 of 9

and commercial zoning. The Planned Development-Housing District included property owned by Dominion Land Management Company immediately to the south of the General Electric Plant. In 1992, Dominion Lands separated from the Harbour View development partnership to establish the Bridgeway Commerce Park, a light industrial park extending from the Nansemond River to Harbour View Boulevard and along the east side of Harbour View Boulevard adjacent to Interstate 664. Suffolk Towers, LLC purchased 298.42 acres in Bridgeway Commerce Park, then sold 163.82 acres of undeveloped property on the west side of Harbour View Boulevard to Bridgeway Limited Partnership, the developers of the Riverfront residential community to the south. The subject parcel remained part of the Harbour View Business Park, which was intended to accommodate general business and light industry.

In2004, City Council approved Rezoning Request RZ03-03 to rezone properties on the east and west sides of Harbour View Boulevard identified as Bridgeway Commerce Park, which created a new Planned Development Overlay District. The rezoning request also amended the previously approved 'Riverfront Residential Master Plan' as part of the Harbour View Planned Development-Housing District. Since the rezoning established a new Planned Development Overlay District, a jobs-to-housing ratio was established in accordance with Section 31-410 (c) (3) such that250 squa.re feet of office space is required per dwelling unit.

The subject parcel was rezoned from M-1, Light Industrial zoning district to O-I, OfficeInstitutional zoning district in 2004 under application RZ03-04. This parcel was part of the overall Bridgeway Commerce Park Master Plan that was rezoned in2004 to O-I. 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, andwiththe applicable provisions of the Unified Development Ordinance. A notice, containing a copy of the staff report, was also provided to the applicant on June 12,2020 and July 10,2020.

STAFF ANALYSIS ISSUE:

The applicant is requesting to rezone the rear portion of the subject properly from OI, Office Institutional zoning district, to RU-12, Residential Urban-l2 zoning district, to construct a residential Active Adult development. The age restricted development is to consist of townhomes, 4-plex units, and a multi-family building. The subject property is currently undeveloped and consists mostly of open fields and forested land. Approximately 6.9 acres of the property along Harbour View Boulevard is proposed to remain O-I leaving 34.4 acres to be rezoned to RU-12. Wetlands were identified on the site extending from rear of the property across the southem property line covering approximately I 1.69 acres. As presented and proffered by the applicant, the development would yield no more than237 residential units, which equates to a density of 10.4 units per acre a little less than the maximum of 12 units per acre permitted in the RU-12 zoning district. The proposed RU-12, Residential Urban-l2 zoning district, would allow for a significantly lower density than the recommendation of 25-40 dwelling units per acre recommended in the 2035 Comprehensive Plan for the Mixed Use Core Use District.

City Council July 15,2020

MN20r9-010 Page 3

of9

The applicant has proffered an exhibit that designates a density for different unit types in the proposed age-restricted development and has dedicated acreage for the town green and the conservation area that consist of wetlands. The Proposed Land Use Plan, attached as Exhibit E, proffers a density of 6.3 dwelling units per acre for townhomes, a density of 5.5 dwelling units per acre for 4-plex units, and a density of 31.1 dwelling units per acre for multi-family units. Additionally, a conceptual plan was submitted but not proffered, which shows of the 237 units, 71 units are to be constructed as townhouses, 30 units are to be 4-plex units, and 136 units are to be located in a multi-family building. The conceptual plan is consistent with the proffered acres and density for each unit type. Lastly, the applicant voluntarily proffered various exterior building fagade materials for the proposed age restricted development, such as cultured stone, brick or masoffy veneer, and fiber cement building materials. Please refer to the attached proffer statement.

CONSIDERATIONS AND CONCLUSIONS

In accordance with Appendix B, Section B-4 of the Unified Development Ordinance, rezoning applications must include a statement of the reasons for seeking an amendment to the zoning maps of the City of Suffolk. Supplemental information was provided by the applicant and states that the reason for seeking the proposed rezoning is that Parcel 11 has been designed as an urban Active Adult neighborhood to support the surrounding commercial uses. Commercial parcels have been proposed to remain as O-I fronting Harbour View Boulevard and the main entrance into the site. The narrative provided by the applicant states that it is critical for growth and development in Harbour View to maintain a certain amount of commercial property for research and development, medical offices, retail, civic space, etc. Job creation should be supported by a mix of housing types per the Unified Development Ordinance. This rezoning requests a portion of the site to be rezoned to high density residential to establish and enhance economic diversity and vitality, and create a more efficient pattern of development.

Additionally, the narrative provided by the applicant states that research has indicated several reasons why Office-Institutional land area is becoming less and less attractive in the Hampton Roads Region. Leaving this site in its entirety as O-I would create a vehicle dependent site with no opportunity for place making. A portion of parcel 11 has developed with Bickford Senior Living. Continued growth of commercial is anticipated along the frontage of Parcel 1 1. To attract a multistory user, the applicant anticipates that the acreage of the site that does not front onto Harbour View Boulevard be rezoned to a residential mix. The Harbour View Blvd. corridor, where medical and retail are accessible by car, foot, or mass transit, is an ideal location for an active adult housing community according to several national and regional standards. The introduction of active adult residential will lend itself to being the support use needed to sustain the commercial development along Harbour View Boulevard and within Northern Suffolk.

Comprehensive Plan

According to the 2035 Comprehensive Plan, the subject property is located within the Northern Growth Atea, Mixed Use Core Use District. This district is the densest use district. The Mixed Use Core Use District is intended to provide an area for high intensity business, retail, residential, and civic uses. The Northern Mixed Use Core District has significant amounts of greenfield development opportunities that can build on the

City Council July 15,2020 RZN2019-010 Page 4

of9 businesses. The density and types of uses should encourage walkable mixed use neighborhoods with a vertical orientation. The non-residential uses that can be found within the district include retail in a vertical scale, office, research and development, and civic buildings and community facilities. The housing type that should be found in this district includes multi-family dwellings, such as apartment buildings and condos. The recommended place types include Urban Neighborhoods and Town Centers. Urban neighborhoods generally have buildings that are street oriented with access being located at the rear of building. Additionally, public spaces are encouraged such as greens and parks. Overall, a range of housing types should be provided on small lots at a density of 25-40 dwelling units per acre and a floor area ratio of 2.0-5.0 for non-residential development. successes

of the existing high technology

The Comprehensive Plan sets specific themes and policies related to land use, transportation, open space, and the environment that should be considered when contemplating a rezoning application. Relevant to this application are the following:

Policy 2-1: Keep development focused in designated Growth Areas in the City. o Action 2-lA: Ensure that the City's land use regulations support higher dens ity/int e ns ity dev e I op me nt i n fo cu s e d Gr ow t h Ar e as. The overall density of 10.4 units per acre is a little less than the maximum of 12 units per acres for the RU-12 zoning district, but is significantly lower than the Mixed Use Core Use District recommendation of 25-40 units per acre. The applicant has proffered a Proposed Land Use Plan for the subject property that designates a density for each unit type. The applicant has proffered a density of 6.3 dwelling units per acre for the townhomes, a density of 5.5 dwelling units per acre for the 4-plex units, and a density of 31.1 dwelling units per acre for the multi-family building. The overall density for the proposed development of 237 units is not compatible with the Mixed Use Core District; however, broken down by unit type the portion of the property that is to consist of a multi-family building would meet the recommended density with a proposed density of 31.1 units per acre. While the envisioned development of the site overall would not meet the densities established for the Mixed Use Core in the Comprehensive Plan, it is important to note that a portion of the proposed development is consistent with the recommended density for the Use District and would provide a high density development.

Policy 2-3: Promote a balance of residential and non-residential land uses. o Action 2-3A: Continue to develop implementation tools that will help achieve an appr opr i ate j ob s -to -housing r atio. o Action 2-38: Continue to promote ffirts to facilitate the retention and expansion of ffice, research and development, and manufacturing activity in Suffolk. The applicant has requested to rezone the rear portion of the property from O-I, Office Institutional zoning district, to RU-12, Residential Urban-|2 zoning district to construct a 237 age restricted development. The front portion of the property is proposed to remain O-I with the intent to develop that portion of the site for commercial and office uses. The subject property fronts along Harbour View Boulevard, this stretch of Harbour View

City Council July 15,2020 RZN20l9-010 Page 5

of9 Boulevard north of Hampton Roads Parkway consists of property zoned for commercial, office, and light industrial uses. The front portion of the property to remain O-I has the opportunity to be developed into office, medical office, research and development, and civic uses, which is beneficial for the continuation of this part of the commercial and office corridor. Given a total of 6 developable acres to remain O-I, a maximum floor area ratio of 0.60 permitted in the O-I district, the O-I portion of the property has the potential to accommodate approximately 156,816 square feet of non-residential uses. This translates into the potential to generate approximately 627 jobs. Additionally, the rear portion of the property proposed to be developed as an age restricted residential development would serve to support the commercial and office related uses in the front. Overall, the zoning provides for both commercial and residential uses in this location and contributes toward maintaining the balance of residential and non-residential uses.

Policy 2-4: Promote compatibility in land use patterns. The applicant has requested to rezone the rear portion of the subject property from O-I zoningto RU-12 zoning. The front portion of the property will remain O-I zoning district to provide the opportunity to utilize the property for commercial and office related uses. The age restricted development is proposed to consist of a higher density multifamily building followed by a lower density 4-plex and townhouse development. The proffered Proposed Land Use Plan shows the multi-family building being street oriented and designates 2.3 acres for a town green which is encourage within an urban neighborhood. The Proposed Land Use Plan also proffers a density of 6.3 dwelling units per acre for the townhomes, a density of 5.5 dwelling units per acre for the 4-plex units, and a density of 31.1 dwelling units per acre for the multi-family building. The front portion of the property to remain O-I zoning district followed by a high density multi-family building oriented to the street would provide a natural transition from Harbour View Boulevard to the rear of the property that would have lower density 4-plex units and townhomes. Additionatly, the lot to the northwest of the subject property has an assisted living facility that is similar to and compatible with the proposed Active Adult development.

Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. o Action 6-IA: Ensure thqt the City's land use regulations allow fo, a variety of housing types, such as single-family detached, single-family attached, and multifamily. o Action 6-lJ: Allow opportunities for retirement housing. The proposed development would provide a variety of three different housing types. The approved development would increase the number of townhouses, 4-plex units, and multi-family units available, which would provide higher density housing and bring better balance and diversity to the City's housing stock. The development would provide a mix of a higher density multi-family building, at approximately 31 dwelling units per acre, followed by a lower density for the townhomes and 4-plex units. Additionally, the

City Council

Jrly 15,2020 RZN2019-010 Page 6

of9 proposed development would allow the opportunity for an age restricted development with a mix of the unit types at different densities.

Unifi ed Development Ordinance The current zoning of the subj ect property is based on a previously approved Planned Development (PD) and Master Plan, last amended in 2008. As required under Section 31410(c)(3) of the Unified Development Ordinance, any Planned Development must comply with specific design elements outlined in Table 410-2. One of the requirements for non-residential zoning districts within the PD is that they must maintain a jobs-tohousing ratio of not less than 1 .0 and not more than 1.5 employees for each residential dwelling unit within the Planned Development. In the OJ, Office-lnstitutional zoning district, the number ofjobs generated is based on 250 square feet of building area per employee.

As approved under RZ03-03, the previous jobs to housing ratio standard was applied to all residential units proposed to be constructed in the Bridgeway portion of the development. At the time, a minimum of 42,250 square feet of development was required to occur in the O-I district for the construction of an additional 169 residential units. Additionally, RZC20|7 -004 required an additional 17,500 square feet of O-I floor area to maintain thejobs to housing ratio. Approval ofthe current request, RZN2019-010, would require an additional 59,250 square feet of O-l floor area to maintain the jobs to housing ratio, for a total of approximately 119,000 square feet of office space. Currently there is approximately 228,700 square feet of constructed buildings within the O-I zoned porlions of Bridgeway Commerce Park. When considering existing office space and the potential floor area that could be developed on remaining O-I zoned properties, the required jobs to housing ratio for both the previously approved and proposed dwelling units are satisfied. The Unified Development Ordinance specifies criteria for the use of RU-12 zoring. The following should be considered when contemplating this rezoning:

Sec. 31-403. RELATION OF ZONING DISTRICTS PLAN AND PURPOSE STATEMENTS.

TO COMPR"EHENSM

The purpose statement of the RU-12 zoning district contained in Section 31-403 of the UDO must be considered when contemplating this rezoning. As stated, the RU-12 zoning district is intended as a high density district that allows for a mix of housing types including single family detached and attached dwellings, townhouses, duplexes and apartments at a maximum of twelve (12) dwelling units per acre. This district is designed to provide multi-family buffer zones between commercial/industrial areas. This dishict is also intended to provide additional housing options ald a mix of unit types while maintaining neighborhood compatibility. Lastly, the RU-12 zoning district is intended to be located within the Inner Ring Suburban Use District.

As proposed, the age restricted development at 10.4 units per acre would meet the requested RU-12 zoning but would not meet the recommended density of 25-40 units per acre for the Mixed Use core use District. As previously stated, the applicant has

City Council July 15,2020 RZN20l9-010 Page 7

of9 proffered a Proposed Land Use Plan that proffers densities for each unit type proposed for the age restricted development. A portion of the development that is designated for the multi-family building has a proffered density of 31.1 dwelling units per acres which does meet the recommended density of the Mixed Use Core Use District. Additionally, the portion of the site to remain O-I would provide the opportunity to be developed into office, medical office, research and development, and civic uses.

SEC.31-408. SPECIFIC BASE ZONING DISTRICT CRITBRIA. No applicationfor development approval in the RL, RLM, RM, RC, RU, and RU-12 zoning districts shall be approved unless the proposed use and/or development conforms to the requirements of Articles 4, 6, and 7 of this Ordinance. No subdivision plat shall be approved unless the proposed development is served by the central water system of the City of Suffolk and the central wastewater system of the City of Suffolk, in accordance with Section 3 1-61 3 of this Ordinance, and Chapter 90, of the City Code of Suffolk. The conceptual plan submitted with this application, which is not proffered, has not been reviewed for compliance with regard to the development regulations in Articles 4, 6 and 7 of the UDO. This development will require full site plan review in accordance with Section 3l-307. Compliance with regard to all design and improvement standards, including but not limited to: parks and open space, landscaping, lot and road layout, and connectivity would be verified during site plan review. The Department of Public Works has indicated that there is public water and sewer that serve this site. 3.

Adequate Public Facilities The purpose and intent of the adequate public facilities ordinance is to ensure that public facilities are available to support new development and associated impacts, and that each public facility meets or exceeds the Level of Service standards established by the 2035 Comprehensive Plan and the Unified Development Ordinance. No rezoning request should be approved which would cause a reduction in the levels of service standards for any public facility impacted.

Public Water and Sanitary Sewer City water and sewer are available to serve the site from an existing 12" water main stub and 8" sanitary sewer stub at the entrance to the site form Harbour View Boulevard. During site plan design, a Water Model Capacity Curve will need to be obtained from this Department to determine whether adequate water for fire and domestic demand is available. There is a fee of $400 for the City to perform this model. In addition, the receiving City PS #94lBridgeway Commerce Park #2 wlll need to be modeled to determine whether it has sufficient capacity for the additional sanitary sewer flows from this site. There is a fee of $2,000 for the City to perform this model. Any upgrades to the existing pump station as a result of this project will be at Developer expense. Based on the information provided, the Department of Public Utilities has no objections to this rezoning request.

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of9

Stormwater Management

The subject parcel is included in an approved storm water master plan. The Department of Public Works, Engineering Division, advises that the overall imperviousness needs to be compatible with the approved Master Plan (73.90olo impervious), which is valid under Time Limits of Applicability until 2024. The Department of Public Works has no objections to this rezoning request. Transportation

The applicant has provided a Traffic Impact Analysis (TIA) as required for a rezoning application. Based on the proposed 237 age restricted multifamily dwellings, 384 a.m. peak trips and 362 p.m. peak trips were estimated to be generated. In total, 2,683 daily vehicular trips are expected to be generated by the development. In comparison, the byright zoning would generate 536 and 498 trips during am and pm peak hours, and in total 3,782 daily trips. According to the TIA, as currently proposed the development would generate significantly less traffic than the current by-right zoning. Additionally, the Harbour Point Drive and Harbour View Boulevard site entrance is recommended that the westbound leg of intersection include a shared left-through land and an exclusive right turn lane. The Traffic Engineering Division has reviewed the TIA and has no objections to the proposed change in zoning. Schools The proposed23T-unit development is an age restricted community 55+; therefore, there is no impact on schools. 4.

Proffered Conditions

The applicant has voluntarily proffered the following conditions

in support of this

rezoning request.

The exterior building facades:

. Buildings shall use cultured stone, brick or masoffy veneer, and fiber cement as exterior construction materials.

.Vinyl may be used only

.All roofing

as an accent material on the exterior of homes. shall be architectural shingles.

The proposed townhome and 4-plex units shall be age restricted to 55 years and older in accordance with the HUD Standards.

The multifamily building of 136 units shall be restrictedto 62 years of age and older in accordance with the HUD Standards or 55 years and older in accordance with the HUD Standards.

Refer to all improvements recommended within the submitted and approved Traffic Impact Analysis, prepared by McPherson consulting, dated December 3,2019.

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The maximum number of units shall not exceed 231. The site shall be developed in substantial conformance with the proposed Land Use Plan, dated January 9,2020.

RECOMMENDATION In summary, staff finds this proposal, Rezoning Request RZN2019-010 (Conditional), meets the intent of the provisions of the 2035 Comprehensive Plan and the Unified Development Ordinance. The proposed development would offer a variety of age restricted housing types at different densities. The front portion of the property to remain O-I zoning district followed by a high density multi-family building would provide a natural transition from Harbour View Boulevard to the rear of the property that would have lower density 4-plex units and townhomes at the rear of the property. Additionally, the proposed development has the potential to generate significantly less traffic than the current by-right zoning as outlined in the submitted Traffic Impact Assessment. Although the provided density falls below the recommended density for the Mixed Use Core established in the Comprehensive Plan, overall the proposal provides for both commercial and residential uses in this location and contributes toward maintaining the balance of residential and non-residential uses. Accordingly, staff recommends approval of Rezoning Request RZN20 1 9-0 1 0 (Conditional).

The Planning Commission, at their meeting of June 16, 2020, voted 6 to 0 to approve resolution recommending approval of this request. Attachments

. . o o o . . o o .

General Location Map Zoningll-and Use Map Narrative Conceptual Layout Proposed Ordinance Exhibit A - Planning Commission Resolution Exhibit B - Rezoning Proffers Exhibit C - Property Map Exhibit D - Rezoning Exhibit Exhibit E - Proposed Land Use PIan

GENERAL LOCATION MAP RZN2019-010

Growth Area MIXED USE CORE CORE SUPPORT

RURAL CONSERVATION RURAL AGRICULTURAL

VILLAGE

ZONING / LAND USE MAP RZN2019-010

User Name: bsmith

Date:

11/1/201e Rezoning from O-l Office-lnstitutional Districtto RU-12 Residential Urban (Age Restricted)

Parcel

February 6,2020

5857 Harbour ViewBoulevard, Suite 202

Suftolk, Virginia 23 43 5 F. 7 57.935.9015

o. 7 57.935.9014

www. landplanningsolutions.com

February 6,2020

Mr. David Hainley/ and Staff City of Suffolk 442W Washington Street Suffolk, YA23434

Re: Narrative Description ofthe property, proposed See Appendix A for Historic and Relevant Information See Appendix

PARCEL

use,

reason forseeking rezoning

B Listings for available Space

SUFFOLK, VIRGTNIA

Located in the center of Harbour View, in the City's Northem Growth Are4 Parcel 11 is a unique parcel with a current comprehensive plan designation of "Mixed Use Core" and an existing O&I zoning. The site is adjacent to vacant OJ property that extends to the corner of Harbour View Boulevard and Hampton Roads Parkway intended for more intense commercial development. An O&l developed site is to the north, called Bickford Assisted Living and Memory Care. Also to the north is a developed single story M-l property. This property was previously zoned M-l but per the 2018 Comprehensive Plan, was zoned to O-I. See Appendix A, Historic and Relevant Information to better understand the previously request for change and other substantial findings.

It is critical for growth and development in Harbour View to maintain a certain amount of commercial property for research and development, medical offices, retail, civic space, etc. It is also appropriate for development to occur in a predictable orderly manner. Job creation should be supported by a mix of housing types per the Unified Development Ordinance. This rezoning requests a portion of the site to be rezoned to high density residential to establish and enhance economic diversity and vitality, and create a more efficient pattern of development.

Our research has indicated several reasons why Office-Institutional land area is becoming less and less attractive in the Hampton Roads Region. Nearly half a million square feet of office space is available today in our region in just a couple of prominent buildings in Norfolk. See Appendix B below for Northern Suffolk vacancies that directly affect the parcel in question. It reflects, a staggering, vacancy of 250,000+/- sq.ft. This does not include, buildings currently under construction. Regional and local vacancies should be considered in both our future planning and through this rezoning process.

Land uses like O-I, Office-Institutional and CP, Commerce Park, are outdated in urban areas. They have become less attractive to large office users, banks and hoteliers looking to expand or relocatg. it has become the trend to create a more desirable site with a mix of uses in close proximity. The mix of

-2-

Parcel I

February 6,2020

to successful place making by creating a central core area on site where activities may be programmed for both visitors and residents, creating a place with constant activity and uses are essential

usefulness . This idea and planning theme can give a development a 'main street' feel. Leaving this site in its entirety as, O-I would create a vehicle dependent site with no opportunity for place making.

As you know, a portion of parcel 11 has developed with Bickford Senior Living. The furthest south parcel of Parcel 11 was previously approved for a hotel user. Continued growth of commercial is anticipated along the frontage of Parcel 1 1. To athact a multistory user, we anticipate that the acreage of the site that does not front onto Harbour View Boulevard be rezoned to a residential mix.

The location of our proposed active adult community, adjacent to the Bickford Senior Living is advantageous if additional care is eventually sought after, it is conveniently located next door. The Harbour View corridor, where medical and retail are accessible by car, foot, or mass transit, is an ideal location for an active adult housing community according to several national and regional standards. The site will allow for high density uses that fall within the core density (25-40 du/ac.) This can only occur in our Core District. Therefore, the location will allow the proposal to include a Class A, multistory senior living building that will be designed at 3l dr-r/ac. This along with a mix of other products designed specifically for an active adult buyer makes this an ideal location. The site is also easily accessible to and from Route 664 and Route 264. These same points are highlighted in the RCLCO Market Study, Dated December 30, 2019, provided to the City. These findings set this active adult rezoning apart from others we have seen in the past by being more thoughtful in plan, location and study then had been contemplated in previous years.

The zoning designation for this properties frontage and the adjacent properties seem appropriate, specifically along Harbour View Boulevard. Though, the rear of the property that is approximately 30% wetlands, with very little visibility for commercial development does create a difficult situation for commercial growth. However the buffer of wetlands will provide a good back drop for residential development and therefore, allow the site to realize a mix of uses from Harbour View Boulevard to the rear of the property. This would include, O-I, high density residential, medium density residential and conservation area. The introduction of active adult residential will lend itself to being the support use needed to sustain the commercial development along Harbour View Boulevard and within Northern Suffolk. The designation of a portion of Parcel 11 to Urban Residential will support the goals and growth patterns of the Unified Development Ordinance. This includes allowing for opportunities for retirement housing.

According to the 2035 Comprehensive Plan, The Core Support District should provide more housing opportunities that create a larger market area to support the non-residential uses located in the Mixed Use Core District. The proximity of this district to the Mixed Use Core District should shorten travel times, expand travel options, reduce congestion and provide potential transit stops. The site has been designed with an interconnected, walkable network of streets and small blocks in a grid like pattern that feed out to the main connection with Harbour View Boulevard. Our proximity to Harbou. Vi"*r transit line, will allow us to work with City of Suffolk's Transportation Planning Manager to locate a bus stop area along our frontage

The housing and commercial property will be designed in a compact, walkable form. The Center of the plan will be walkable and accessible by all uses. The Center wili contain a town green with recreation actives, sidewalks, seating areas, and programmable space. These elements mentioned will create an Urban Neighborhood which is called for in the Comprehensive Plan for this property. As we work through the rezoning ofParcel I 1, a unique character shall be established forthis new Urban Neighborhood. This will be done through a set of standards that will be created; depicting building style

-3-

Parcel I

lebroary 6,2020

and placement, blocks and site amenities. The fionts of all the units shall be defined with porches or stoops that lead directly to pedestrian friendly walks. Signage, lighting and open space areas will all work to invite pedestrian activity. Public spaces, along the streetscapes, large greenS and smaller gathering areas, tie together the residential unit types and help to create a unique and special place. The interior villa homes utilize private, shared, drives to provide greater pedestrian connectivity to the pedestrian friendly sidewalks and to the center green and center coridor that lead to the commercial properties along Harbour View. Small side setbacks and narrow lots foster a continuous street frontage. Townhome buildings are placed toward the flont ofthe lot with the rear used for private yards and gardens. The multifamily building proposed follows this design ideal with buildings close to the right-ofway and parking provided behind the buildings. The diverse product type that is called for in the Urban Neighborhood Dist ct averages to be approximately 11 du/ac for this particular site. This is lower then what is called for within the Mixed Use Core District but appropriate to meet the traffic level ofservice table for Harbour View Boulevard and to meet the requirement for diversity in housing. More intense development would have created a failing condition for traffic and therefore our densiry had to balance the Cities request for High Density with the request to meet all Levels of Service. Parcel I I has been designed as an urbar Active Adult neighborhood connecting to the greater mixed use core of Harbour View. Within the site itselt commercial parcels have been proposed to remain as O-I fronting Harbour View Boulevard and the main entrance into the site. These buildings can be used for commercial, retail, civic or institutional uses serying the residents. Residents could easily live in the development and take a short walk to work, shop, and play in the proposed commercial buildings and Center Green. This further supports the City's comprehensive plan and the Urban Neighborhood districts goals ofcreating less auto dependent neighborhoods.

Sincerely, Melissa Venable

Land Planning Solutions, Inc

Appendix A Historic and Relevant Information: Suffolk Towers, LLC purchased what is now known as Parcel I lC from Dominion Lands in 2003. At 1lc was part ofapproximately 300+/- acres of Ml zoned land known as Bridgeway commerce Park. Dominion's vision for the property was a combination ofoffice warehouse and industiial warehouse consistent with the recorded covenants and Restrictions. In May of2003 when Suffolk rowers consummated closing the Commerce Pa-rk consisted ofthee office warehouse buildings - Bridgeway Tech I and II, and Columbia Gas and Sysco Foods Distribution Warehouse. that time,

Shortly after the purchase, and in concert and agreement with the city, Economic Development and consistent with the 2018 comprehensive Plan, suffolk rowers and Bridgeway Lpjoined in a reioning application to change all but 33 acres ofthe remaining Towers property (approximately I l5) to OI. Given the expectation that modeling, and simulation would become a significant part ofthe North Suffolk Economy and lead to large scale defense department spending this cefiainly seemed a reasonable zoning classification ihat would be well supported in the near and intermediate term.

-4-

Parcel I I

February 6, 2020

With the sudden and unexpected change in the modeling and simulation plans as well as the economlc challenges experienced by all from 2006 - 2009 the expectation of multi-story office buildings in the Commerce Park has not been met. Since the rezoning, the only multi-story office building constructed in the Commerce Park is the Woodley Building. Suffolk Towers built this 3 story 27,000+/- Sq. ft. building in 2009 and was successful in leasing all three floors to Northrop Grumman for 10 years. Grumman renewed for 5 years in 2019 but reduced its footprint in the building to 2 floors after requesting and receiving rent concessions.

The third floor is now leased at a 25% discount over the prior lease for a period of5 years. Since the rezoning, Suffolk Towers has not received an ofler ofsubstance from any person or company to purchase any ofthe rezoning property for the purpose ofconstructing office product of any type. Sales to Hoteliers, a Restauranteur, Lockheed Martin, Liberfy Property Trust and Believer's Church (HI-IB 757) are what have occurred. For this reason, when we learned that the new Comprehensive Plan designates the area within with the Commerce Park lies for higher density residential growth it became clear that it is time to approach the City for a mning change. We began discussions with the City as to how to implement a plan that incorporates residential units of some density along with meaningful mixed uses to include office, while at the same time keeping levels of seryice at the forefront ofany rezoning request.

Our due diligence provided us with persuasive evidence that a market for age targeted product exists and is underserved in North Suffolk. Both Rose and Womble Realty Company and Weldenfield Rowe have statistical data to support this conclusion. Based upon that evidence and the critical factor that it helped maintain levels of service at below (we believe well below) those that would exist were 1 lC developed as OI throughout, along with the ability to maintain about 6 acres for mixed use and office product on Harbour View Boulevard makes this rezoning request consistent with and in full service ofthe Comprehensive Plan. Moreover, the rezoning request is consistent with the goals and objectives ofthe Comprehensive Plan in which smart gromh is always preferred over growth that simply checks every technical box. This plan strikes the perfect balance between achieving the goals ofthe Comprehensive plan with residential and other mixed-use densities while maintaining levels ofservice so important to the quality of life in Suffolk. a regional pump station on Parcel 1 I C, completed the Wetlands Mitigation Bank, ard on Parcel 1 lC alone paid over $400,000 in real estate ta,xes. In20l6l17, eleven (1 l) acres were lost to wetlands encroachment despite the dedication ofnumerous conservation areas and the constructed of25 acres of forested and planted wetlands mitigation areas. The encroachment will continue absent the ability to begin development of 1lC on a large scale in the near term. This is no small investment in the success ofBridgeway Commerce Park, Harbour View, and the City ofSuffolk

It is important to note the Suffolk Towers constructed

Apendix B Listings for available Space as of 211212020: Available space listed, see reference for further details: 100,000 +/-sq.ft. Bridgeport, 47,500+/- sq.ft. Bridge Road Office, Breezeport Way, 13,500+/-sq.ft. 4,900+/-sq.ft. 3565 Bridge Road, Champions Way, 12,000+Lsq.ft. Harbour View, 3,500+/-sq.ft. Harbour View Grande, 10,000 +/- sq.ft. Bennett's Creek Crossing, Bridge Road 7,000+lsq.ft. Harris Teeter Shoping Plaza Harbour View,.51,400+/- sq.ft. Reference; Suffolk, VA Commercial Real Estate for Sale and Lease - LoopNet.com

Recieved February 13, 2020

Residence of Harbour View Conceptual Layout Suffol( Virginia October 7,20L9

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ORDINANCE NUMBER

AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO CHANGE THE ZONING FROM o-r, OFFrCE-INSTITUTIONAL ZONTNG DTSTRTCT, TO RU-l2,

RESIDENTIAL URBAN-l2 ZONING DISTRICT, FOR PROPERTY LOCATED AT 6808 HARBOUR VIEW BOULEVARD, ZONING MAP 6, PARCEL 2J* C; RZN2019-010 (CONDITIONAL)

WHEREAS, Melissa Venable, Land Planning Solutions, agent, on behalf of Scott Overton, Suffolk Towers LLC, applicant and property owner, has requested to change the zoning from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-12 zoning district, for property located at 6808 Harbour View Boulevard, Zoning Map 6, Parcel 2J*C, which land is depicted on Exhibit "C"; afld, WHEREAS, the proposed rezoning and amendment to the official zoning map have been advertised and reviewed by the Planning Commission in compliance with the requirements of state law; and,

WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "At'; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on the 15th day of July, 2020, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning.

NOW, THEREFORE, BE

ORDAINED by the Council of the City

Suffolk,

Virginia, that: Section 1.

Exhibit "A", "Plarm.ing Commission Recommendation" and Exhibit "B", "Rezoning Proffers", Exhibit "C", "Property Map", Exhibit "D", "Rezoning Exhibit", and Exhibit"E", "Proposed Land Use Plan" which are attached hereto, are hereby incorporated as part ofthis ordinance.

Section 2.

Findines.

Council finds that the proposed rezoning is reasonable, and warranted due

to a mistake or change in circumstances affecting the property; and has considered the following factors and finds that the proposed rezoning does not conflict with: 1.

the existing use and character of properfy within the City;

the Comprehensive Plan;

the suitability of the property for various uses;

the trends of growth or change;

the current or 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 ofnatural resources;

the preservation of flood plains;

10.

the preservation of agricultural and forestal land;

12.

the conservation of properties and their values;

the encouragement of the most appropriate use of land throughout the City; and,

13. the expressed purpose of the City's Unified

Development

Ordinance (UDO) as set out in Section 3l-102 of the UDO, as amended, and Section 15.2-2283 of the Code of Virginia, (1950), as amended.

The Suffolk City Council makes the following specific findings to the conditions of the rezoning:

the proposed rezoning itself gives rise to the need for the proffered conditions;

the proffered conditions have a reasonable relationship to the rezoning; and

the proffered conditions are in conformity with the

2035

Comprehensive Plan as adopted by City Council on April 1,2015. Section

Rezoning.

A. Section

The conditions proffered in the attached Exhibit "B" be, and they are hereby, accepted, as amended.

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 the Circuit Court of the City of Suffolk, Virginia. This ordinance shall be effective upon passage and shall not be published or codified.

READ AND PASSED: TESTE;

Eriha S. Dawley, City Clerk

Helivi L. Holland, City Attorney

EXHIBIT "A" RESOLUTION NO. 20-06-1

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2019-010 (CONDITIONAL) FROM O-I, OFFICE-INSTITUTIONAL ZONING ZONING THE TO CHANGE DISTRICT, TO RU-12, RESIDENTIAL URBAN-T2 ZONING DISTRICT, FOR pRopERTy LOCATED AT 6808 HARBOUR VIEW BOULEVARD, ZONING MAP 6, PARCEL zJ*C

WHEREAS, Melissa Venable, Land Plaruring Solutions, agent, on behalf of Scott Overton, Suffolk Towers LLC, applicant and property owner, has requested to change the zoning from O-I, Office-Institutional zoning district, to RU-12, Residential Urban-l2 zoning district, 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

Findings.

The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and waranted due to a change in circumstances affecting the property, and has considered the following factors and finds that the proposed rezoning does not conflict with: 1.

the existing use and character of property within the City;

the Comprehensive Plan;

the suitability of the property for various uses;

the trends of growth or change;

the current or 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, recreation areas and other public services;

the conservation of nafural resources;

playgrounds,

the preservation of flood plains;

10.

the preservation ofagricultural and forestal land;

11.

the conservation of properties and their values;

t2.

the encouragement of the most appropriate use of land thoughout the City;

13.

the expressed purpose of the City's Unified Development Ordinances set out in Section 3l-102 of the Code of the City of Suffolk (1998), amended, and Section 15.2-2283 of the Code of Virginia, (1950), amended ("Va.Code").

as as as

The Suffolk Planning Commission makes the following specific findings to the conditions of the rezoning:

the proposed rezoning itself gives rise to the need for the proffered conditions;

the proffered conditions have a reasonable relationship to the rezoning; and

Section

the proffered conditions are in conformity with the

2035 Comprehensive Plan as adopted by City Council on April 1,2015.

Recommendation to Council

The Planning Commission recommends to City Council that the request, RZN2019-010 (Conditional), be:

_X_a. Granted as submitted,

and 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 PASSED:

EXHIBIT B

I hereby voluntarily proffer that lhe developmenl ofthe property owned by me proposed for reclassificalion under this application shall be in strict accordance with the conditions set forth below. The following conditions (add additional sheets ifnecessary) are voltmtarily proffered for the reclassification

properw identified as Tax Map Numbe(s; 6 Block Number 2J

Parcel Number(s)

1. .

The exterior building facades: Buildings shall use cultured stone, brick or masonry veneer, and fiber cement as exterior construction materials. Vinyl may be used only as an accent material on the exterior of homes. All roofing shall be architectural shingles. proposed townhome and 4-plex units shall be age restricted to 55 years and older in accordance 2. The with the HUD Standards. 3. The multifamily building of 136 units shall be restricted to 62 years of age and older in accordance with the HUD Standards or 55 years and older in accordance with the HUD Standards.

. .

Refer to all improvements recommended within the submitted and approved Traffic lmpact Analysis, prepared by McPherson Consulting, dated December 3, 2019. 5. The maximum number of units shall not exceed 237. The site shall be developed in substantial conformance with the proposed Land Use Plan, dated January 9, 2020.

Applicant Signature:

, z/>z /rttzt

Propedy Owner Signature:

out

Property Owner Signature

Date:

Remit Application to: City of Suffolk Department of Planning and Community Dwelopmcnt 442 West Wsshington Sheet . P.O. Box 1858, Stfiolq VA 23434 . (75'l) 5l+4060

PROPERTY MAP RZN2019-010

,ffi

EXHIBIT G

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m@ User Name: bsmilh

Date:

11/1/201e

Rezoning from OJ Office-lnstitutional Districtto RU-l2 Residential Urban (Age Restricted)

19-0

HIBIT

AGENDA: July L5,2020,

ITEM:

Regular Session

- An ordinance to grant a Conditional Use Permit to establish an Amusement/entertainment/recreation center, indoor, on property located at 126 West Washington Street, ZontngMap 34G18(A), Parcel 303; CUP2020-001 Public Hearing

Attached for your consideration is information pertaining to Conditional Use Permit Request CUP2020-001, submitted by Christopher Mayes, Party Time Entertainment LLC, applicant, on behalf of Cynthia Ives, SVN Lead Commercial, agent, on behalf of Washington Lofts, LLC, property owner, in accordance with Sections 31-306 and 3l-406 of the Unified Development

ordinance, to

grant a

Conditional Use Permit to

establish

Amusement/entertainmenVrecreation center, indoor, on property located at 126 W. Washington Street, Zoning Map 34G18(A), Parcel 303. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District. The 2035 Comprehensive Plan designates this area as part of the Central GroMh Area, Mixed Use Core Use District.

The Planning Commission, at their meeting of June 16, 2020, voted 6 to 0 to approve resolution recommending approval of this request. ATTACHMENTS: Staff Report General Location Map Zoning lLatd Use Map Narrative Proposed Ordinance Exhibit A - Planning Commission Recommendation

ExhibitB-PropertyMap ExhibitC-FloorPlan

STAFF REPORT DESCRIPTION

GONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2020-001 to establish an Amusement/entertainment/recreation center, indoor, in accordance with Section(s) 31-306 and 31-406 of the Unified Development Ordinance.

APPLICANT: Submitted by Christopher Mayes, Party Time Entertainment LLC, applicant, on behalf of Cynthia Ives, SVN Lead Commercial, agent, on behalf of Washington Lofts, LLC, property owner.

LOCATION: The affected property is located at 126 W. Washinglon Street, Zoning Map 34G18(A), Parcel 303.

PRESENT ZONING: CBD, Central Business District, and HC, Historic Conservation Overlay District.

EXISTING LAND USE: The subj ect property consists of a two-story building. The ground floor is currently vacant retail space and

a residential apartment is located on the second

floor.

PROPOSED LAND USE: The applicant proposes to establish an AmusemenVentertainment/ recreation center, indoor, on the first floor of the building. The applicant proposes to utilize the first floor to provide a space for small gatherings and birthday parties with games available for use.

SURROT]NDING LAND USES: North - Commercial and residential properties zoned CBD, South - Commercial and residential properties zoned CBD, Commercial and residential properties zoned CBD, East Commercial and residential properties zoned CBD, West -

Central Central Central Central

Business Business Business Business

District. District. District. District.

COMPR.EHENSIVE PLAN: The City's 2035 Comprehensive Plan identifies this property being located within the Central Growth Area, Mixed Use Core use district.

CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Management Area (RMA) and an Intensely Developed Area (IDA). PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy of the staff report, was also sent on June \2,2020 and July 10,2020. CASE HISTORY: None.

City Councit July 15,2020

cuP2020-001 Page 2 of 6

STAFF AI\ALYSIS ISSUE The applicant is requesting to utilize an existing building for the use of an indoor amusement center. The applicant proposes to utilize the rear portion of the first floor to rent the space for small gatherings and birthday parties. The Iental space is proposed to have an area for video game ;quipment, a play area that will have games such as table tennis, board games, arts and crafts, and an area for seating. The commercial building currently has one (1) batkoom located in the rear of the building near the space that will be available for rent. The applicant has indicated that an additional bathroom will be added to accommodate a higher occupancy in accordance with building code. The proposed hours of operation for the rental space will be fiom 12 pm to 8 pm on weekdays and 12 pm to 9 pm on weekends, which is consistent with the hours of operation for similar uses that have been approved. The space will not be open to the public and will only be available for private parties during the proposed hours of operation. The applicant has stated there will be no alcoholic beverages allowed on the premises to provide an environment that is family friendly; however, if alcoholic beverages are served on the property the applicant will be responsible for obtaining all licenses and approvals from the Virginia Department of Alcoholic Beverage Control.

Additionally, the applicant will utilize the front portion of the first floor to have a separate space to rent and sell party supplies and equipment such as concession machines, party decorations and accessories, and balloons. The rental and sale business will be open to the public from 11 am to 5 pm. The use of the ftont space within the commercial building is a by right use and does not need a conditional use permit.

CONSIDERATIONS AND CONCLUSIONS 1.

Section 31-406 of the unified Development ordinance (UDo) requires that a conditional use permit be obtained for an Amusement/entertainment/recreation center, indoor, within the CBD, Central Business District zoning district.

This property is currently served by both public water and sewer. The information provided notes one (i) additional bathroom will be installed which will not affect the current meter size for the building. Based on the application, the Department of Public Utilities has no objections to this request.

The Department of Public Works, Engineering Division, has no objections to this request since no land disturbance is proposed.

The Department of Public Works, Traffic Engineering Division, has no objections to this request as adequate parking and vehicular access is available in the downtown area.

The applicant stated that no food preparation will be conducted on the propefiy. If food is offered, the applicant will need to meet the necessary Health Department requirements for food preparation and handling.

City Council July 15,2020 cuP2020-001 Page 3

of6

The maximum occupancy Marshall.

will be determined by the Suffolk Building Official

and Fire

Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a conditional use permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generaliy permitted in certain zoning districts as a matter of right. Rather, such uses are permitted tlfough the approval of a conditional use permit by City Council when the right set of circumstances and conditions are found acceptable.

conditional Use Permit Approval criteri4 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:

shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed conditional use

The proposed use is permitted only with the approval of a conditional use permit in the Central Business District per the City's Unified Development Ordinance. Al1 requirements as set forth in Articles 6 and 7 of the Unified Development Ordinance must be met. ln addition, this property is located within the Historic Conservation Overlay District and is subject to the requirements of the Historic District Design Guidelines; therefore, any exterior changes to the property will require a Certificate

of Appropriateness.

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 fficts 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 determination, generally permitted in the same district. In making such and height of buildings or consideration should be given to the location, type 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 encourqges mixed uses and/or densities.

The proposed indoor amusement center will be located within an existing building located in an established commercial area located in the downtown core ofthe City of Suffolk. The property is surrounded by CBD, Central Business Dishict which has a mix of different commercial uses such as retail stores, restauants, and office spaces. The proposed indoor amusement at this site is consistent with other various commercial uses that are located within the downtown core and shall be no more injurious to the surrounding neighborhood than would any other use permitted in the

City Council July 15,2020 cuP2020-001 Page 4 of6

same distdct.

Adequate medsutes shatl be taken to provide ingress and egress so designed as to minimize trafrc hazards and to minimize trffic congestion on the public roads.

The indoor amusement request has been reviewed by the City's Traffic Engineering Departrnent who expressed no concems regarding parking, circulation, or traffic for the proposed use and location since it is located within the CBD, Central Business District.

The proposed use shall odor, dust, smoke or gas.

not be noxious or offensive by reason of vibration, noise'

The applicant is required to abide by all city regulations pertaining to sound control and noise. No vibration, odor, smoke, or gas is anticipated to be generated. Due to the proximity of residential uses staff has recommended that all operations cease at 11 p.m. on weekdays and midnight on Friday and Saturday evenings, which is consistent with previous recommendations for similar uses. e)

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. The proposed use

The proposed use will utilize an existing building within an established commercial area which has a mixture of different uses. The proposed use will be compatible with existing uses and will not be injurious to the surrounding area. Additionally, to protect the use and enjoyment of the neighboring properties staff has recommended a condition to limit the hours of operation. J)

The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

As previously stated, the property is located in a developed area within an existing structure. The proposed indoor amusement is similar and compatible with the sunounding uses in the neighborhood. The use of this property for an indoor amusement center should not impede the orderly development and improvement of sunounding properties.

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.

Staff has attached conditions to limit any potential negative effects that may result from this type ol use, and the applicant must comply with al1 ordinances regarding noise.

City Council July 15,2020 cuP2020-001 Page 5

of6

public interest qnd welfare supporting the proposed conditional use shall be sfficient to outweigh the individual interests which are adversely affected by the The

establishment of the proposed use.

The public interest and welfare should not be compromised by the proposed use at this location. The individual interests of persons within the neighborhood should not be adversely affected by the proposed use.

RXCOMMENDATION Amusement/entertainment/recreation center, indoor, at 126 West Washington Street is simiiar to and compatible with the existing uses in the surrounding area. In addition, given the existing available infrastructure and location in an established commercial district, the use will not adversely impact the surrounding neighborhood. This application meets the approval criteria for Conditional Use Permits set forth in Section 31-306 of the Unified Development ordinance. Accordingly, staff recommends approval of cUP2020-001 subject to the following conditions:

The proposed use

of ar

. This Conditional Use Permit is

granted

establish

Amusement/ entertainment/recreation center, indoor, on the ground floor of properly located at 126 W. Washington Street, Zoning Map 34G18(A), Parcel 303'

In the event that alcohol will be served, the applicant shall be responsible for all activities conducted at the facility under the authority of a license issued under the laws and regulations of the Depar:tment of Alcoholic Beverage Control.

No gambling, cash pdzes, or prizes in exchange for cash are permitted'

Digital video surveillance shall be provided at all entrances/exits. The video must be accessible by employees on-site and must be approved by the Police Department.

5. If food preparation

is to occur on-site, Health Department approval is required.

Occupancy of the building Suffolk Fire Marshall.

The hours of operation shall be limited as follows: Sunday Thursday 9:00 a.m. to l1:00 p.m. Friday - Saturday 9:00 a.m. to l2:00 a.m./midnight

will be determined by the Suffolk Building Official

and

City Council July 15,2020 cuP2020-001 Page 6

of6

This property is located in the Suffolk Historic Conservation Overlay District and is subj ect to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness.

The applicant shall be responsible to enswe compliance with all local and state laws and ordinances of the City of the Suffolk and the Commonwealth of Virginia; this includes but is not limited to: the Virginia Administrative Code, the Unified Development Ordinance, and the Virginia Uniform Statewide Building Code.

The Planning Commission, at their meeting of June 16, 2020, voted 6 to 0 to approve a resolution recommending approval of this request. Attachments General Location Map Zoring I Land Use Map Namative Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B - Property Map Exhibit C - Floor Plan

. . . . o o o

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GENERAL LOCATION MAP cuP2020-001

Gentral Growth Area

I * NSE

I U*r

Name: bsmilh

Date:1/29n020

ZONING / LAND USE MAP cuP2020-001

User Name: bsmith

Dab:1ngm20

party Tlme Entertatnment wlll provtde place whefe you can rent space foT small gathenngs and blrthday partles A rental space for up to thlrty to forty guest, deslgnated to one prlvale party at a tlme Order of operatrons for rental spacewtll befroml2pm toSpm on weekdays and 12p m to9pm onweekends We wrll also be provtdtng some entertatnment for blrthday partles such as play areas, arts and crafts, vtdeo gamtng consoles, tables, chatrs and decoratons Guest can bnngfood forthere party, bultherewtll be no place for cooktng There wrll be no alcohollc beverages allowed on the premlses party Ttme Entertatnment wtll also have a separate space not accessible from rental space that wlll be for rental and retail ofparty supphes and equrpment Such as concesston machrnes, thelr products, dlfferenl party supply decorallons and accessorles Popcorn, cotton candy, snow cone, hotdog machlnes, iupi, Oiitoons, plates, decoratlons, allfor rental and retall order of operattons for rental and retall of party supphes and equlpment wlll be from 11a m to5pm l AOO square feet w(h a portion of space for rental space for small gathenngs and small btrthday partles and portron for dtsplay for râ&#x201A;Źntal and retarl for party supphes and equipment There's also a rest room and space for storage party Ttme Entertalnment looks foMard lo provrdlng a greal bustness and atmosphere for Suffolk and our great communltres ThanK you Pady Trme Entertarnment

MECEIVED JAN 2 3

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ORDINANCE NO.

AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AMUSEMENT/ENTERTAINMENTiRECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 126 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 303; cuP2020-001 WHEREAS, Christopher Mayes, Party Time Entertainment LLC, applicant, on behalf of Cynthia Ives, SVN Lead Commercial, agent, on behalf of Washinglon Lofts, LLC, property owner, has requested a conditional use permit for an Amusement/entertainment/recreation center, indoor, on a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the ZoningMap of the City of Suffolk, Virginia, as Zoning Map 34G18(2), Parcel g*gA,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 3I-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, rAn

WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit

NOW, THEREFORE, BE

ORDAINED by the Council of the City

Suffolk,

Virginia, that: Section 1. Exhibits.

Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", and Exhibit"C", "Floor PIan", which are attached hereto, are hereby incorporated as part of this ordinance. Section

Findings.

Council finds that the proposal for a conditional use permit, as submitted or modified expressed purpose of which is to establish an Amusement/entertainment/recreation center, indoor, that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive

with conditions herein, the

Plan which encouages 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 tansportation 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 an Amusement/entertainmen recreation center, indoor, is by the imposition of the conditions provided herein.

Section

Permit Granted.

The conditional use permit for the Property be, and it is hereby, approved for the Properfy, subject to the following conditions and the general conditions set fonh in

Section

hereof. The conditional use permit specifically permits

Amusement/entertainment/recreation center, indoor, in compliance with Exhibit "C" (the "Floor Plan"), and Sections 31-306 and 31-406 ofthe Code of the City of Suffolk.

Conditions 1

. This

Use Permit is granted to establish an

AmusemenV property at 126 W. ground floor located the of indoor, on entertainment/recreation center, Washington Street, Zoning Map 34G18(A), Parcel 303.

Conditional

No gambling, cash prizes, or prizes in exchange for cash are permitted.

Digital video surveillance shall be provided at all entrances/exits. The video must be accessible by employees on-site and must be approved by the Police Department.

Iffood preparation

Occupancy of the building Suffolk Fire Marshall.

The hours of operation shall be limited as follows: Sunday - Thursday 9:00 a.m. to I 1:00 p.m. Friday Saturday 9:00 a.m. to 12:00 a.m./midnight

is to occur on-site, Health Department approval is required.

will be determined by the Suffolk Building O{ficial and

This property is located in the Suffolk Historic Conservation Overlay District and is subje-tto the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness. The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of the Suffolk and the Commonwealth of Virginia; this includes but is not limited to: the Virginia Administrative Code, the Unified Development Ordinance, and the Virginia Uniform Statewide Building Code. Section

(a)

The conditional use permit may be revoked by City Council upon failure to comply with any of the conditions contained herein, after ten days written notice to the property owner, or their successors in interest, and a hearing at which such

General Conditions.

persons shall have the opportunity to be heard.

(b)

To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met.

(c)

The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by the property owner, oI 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, Clty Clerk

Helivi L, Holland, City AttorneY

Exhibit A RESOLUTION NO. 20-06-3

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT cuP2020-001 TO ESTABLISH AN AMUSEMENT/XNTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 126 WEST WASHINGTON STREET, ZONING MAP 34G18(A), PARCEL 303; CUP2020-001

WHEREAS, Christopher Mayes, Party Time Entertainment LLC, applicant, on behalf of Cynthia Ives, SVN Lead Commercial, agent, on behalf of Washington Lofts, LLC, properly owner, has requested the issuance of a conditional use permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporatgd herein by reference; and

WHEREAS, the specific request is to permit an Amusement/entertainment/recreation center, indoor, 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

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,

Will have more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood,

X c) Will be no more injurious to property or improvements d) Will be more injurious to properfy

in the neighborhood, or

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

Recommendation to Council.

The Planning Commission recommends to City Council that the request, CUP2020-001, be:

Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. Denied, and that Council not adopt the proposed Ordinance.

, c) Granted with the modifications -b)

set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications.

READ AND TESTE:

CONDITIONAL USE PERMIT cuP2020-001

CONDITIONS

This Conditional Use Permit is granted to establish an Amusement/ entertainment/recreation center, indoor, on the ground floor of property located at 126 W. Washinglon Street, Zoning Map 3 4G 1 8 (A), Parcel 3 03 .

In the event that alcohol witl be served, the applicant shall be responsible for all activities conducted at the facility under the authority of a license issued under the laws and regulations of the Department of Alcoholic Beverage Control.

No gambling, cash prizes, or prizes in exchange for cash are permitted.

Digital video surveillance shall be provided at all entrances/exits. The video must be accessible by employees on-site and must be approved by the Police Department.

5. If food preparation

is to occur on-site, Health Department approval is required.

Occupancy of the building will be determined by the Suffolk Building Official and Suffolk Fire Marshall.

The hours of operation shall be limited as follows: Sunday - Thursday 9:00 a.m. to 11:00 p.m. Friday - Saturday 9:00 a.m. to l2:00 a.m./midnight

8. This property is located in the Suffolk

Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness.

The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of the Suffolk and the Commonwealth of Virginia; this includes but is not limited to: the Virginia Administrative Code, the Unified Development Ordinance, and the Virginia Uniform Statewide Building Code.

PROPERTY MAP cuP2020-0001

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AGENDA: July 15,2020, Regular

ITEM:

Session

An ordinance to grant a Conditional Use Permit to establish an Amusement/entertainment/ recreation center, indoor, on property located at 153 W. Washington Street, ZoningMap 34G18(2), Parcel 9*9A; CUP2020-002 Public Hearing

Attached for your consideration is information pertaining to Conditional Use Permit Request CUP2020-002, submitted by Brian S. Stewart, 153 West Washington LLC, 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 an Amusement/entertainmentl recreation center, indoor, onproperty located at 153 W. Washington Street,Zoning Map 34G18(2), Parcel 9*9A. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. The Planning Commission, at their meeting of June 16,2020, voted 6 to 0 to approve a resolution recommending approval of this request with conditions.

ATTACHMENTS: Staff Report General Location Map Zoning I Lafi Use Map Narrative Description of Proposed Use Proposed Ordinance Exhibit A - Planning Commission Recommendation

ExhibitB-PropertyMap

Exhibit C - Proposed Conceptual Floor Plan

STAFF REPORT DESCRIPTION

CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2020-002, submitted by Brian S. Stewart, 153 West Washington LLC, 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 an Amusement/entertainment/recreation center, indoor, on property located at 153 W. Washington Street, ZoningMap 34G18(2), Parcel9*9A. APPLICANT: Submitted by Brian S. Stewart, i 53 West Washington LLC, applicant

and property

owner.

LOCATION: The affected property is located at 153 W. Washington Street, Zoning Map 34G18(2), Parcel9*9,{.

PRESENT ZONING: CBD, Central Business District. This property is also located within the Suffolk Historic Conservation Overlay District.

EXISTING LAND USE: The subject property consists of a two-story building. The ground floor is currently vacant and a residential apartment is located on the second floor.

PROPOSED LAND USE: The applicant proposes to establish an Amusement/entertainment/ recreation center, indoor, on the ground floor of the building and retain the residential apartment on the second floor. SURROUNDING LAND USES: North - Commercial and residential properties zoned CBD, South - Commercial and residential properties zoned CBD, East Commercial and residential properties zoned CBD, West Commercial and residential properties zoned CBD,

Central Central Central Central

Business Business Business Business

District. District. District. District.

COMPREHENSIVE PLAN: The City's 2035 Comprehensive Plan identifies this property being located within the Central Growth Area, Mixed Use Core use district.

City Council July 15,2020 cuP2020-002 Page 2 of 6

games, card games, a cafâ&#x201A;Ź offering simple meals and refreshments, as well as a toddler play area and a private event/classroom area in the rear. The business would offer games, cards, strategy books, figurines, toys, home d6cor, and arrwork items for sale in addition to a library of items for patrons to rent and return for small fees. The applicant indicated that there will be no gambling or cash prizes involved with the business. Based on the applicant's narrative, which is attached to this report, the proposed use is classified as an Amusement/ entertainment/recreation center, indoor, which is permitted in the Central Business District only through the approval of a conditional use

permit.

The applicant proposes a maximum occupancy of forty-nine (49) patrons including staff and customers. There will be cafeteria style seating that allows customers to play games and enjoy refreshments at the same time. No major physical changes are proposed to the building. The projected hours of operation are 2 p.m. - 8 p.*. Tuesday through Friday, 12 p.m. - midnight on Saturday, 12 p.m. - 8 p.m. on Sunday, and closed on Mondays. The applicant would like the opportunity to vary their hours of operation based on the desires of their customers and special events. The hours of operation that have consistently been approved for similar uses in the downtown area include: Sunday to Thursday 9:00 a.m. - 11 p.m., and Friday and Saturday 9:00 a.m. - 12:00 a.m./midnight; thus, the proposed hours for the subject business would fall within the range of hours approved for similar uses. The business is designed to be family-friendly and no alcohol is proposed to be served at this time. In the case that the business owner would like to serve alcohol, they will be responsible for obtaining all licenses and approvals from the Virginia Department of Alcoholic Beverage Control.

CONSIDERATIONS AND CONCLUSIONS 1.

Section 31-406 of the Unified Development Ordinance (UDO) requires thata conditional within the CBD, Central Business District zoning district.

use permit be obtained for an Amusementientertainment/recreation center, indoor,

This property is currently served by both public water and sewer. No renovations are proposed to the existing building that would increase the number of fixtures and two (2) restrooms are currently provided. Based on the application, the Department of Public Utilities has no objections to this request.

Being that this property is served by public sewer, the Health Department has no objections to the request. The proposed caf6 will require proper permits from the Health Department prior to operation.

The Department of Public Works, Engineering Division, has no objections to this request as no land disturbance is proposed.

The Department of Public Works, Traffic Engineering Division, has no objections to this request as adequate parking and vehicular access is available in the downtown area.

The applicant proposes a maximum occupancy of forty-nine (a9) patrons; however, this be determined by the Suffolk Building Offrcial and Fire Marshall.

will

City Council July 15,2020 cuP2020-002 Page 3

of6

Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a conditional use permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a conditional use permit by City Council when the right set of circumstances and conditions are found acceptable.

Conditional Use Permit Approval Criteria, 31-306(c) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council, and only if the applicant demonstrates that: a)

The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use is permitted only with the approval of a conditional use permit in the

Central Business District per the City's Unified Development Ordinance. All requirements as set forth in Articles 6 and 7 of the Unified Development Ordinance must be met. [n addition, this property is located within the Historic Conservation Overlay District and is subject to the requirements of the Historic District Design Guidelines; therefore, any exterior changes to the property will require a Certificate of Appropriateness. 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 fficts on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities.

The proposed indoor amusement use will complement the existing character and surrounding land uses located in the downtown core of the City of Suffolk. The Mixed Use Core use district and CBD zoning district are designed to consist of a vertical mix of commercial and residential land uses within a walkable, pedestrian-friendly setting. Due to the proposed limitation on the hours of operation ceasing at 11 p.m. on weekdays and midnight on weekends, the proposed indoor amusement center should not have an adverse impact on the people who live and work in downtown.

shall be taken to provide ingress and egress so designed as to hazards and to minimize traffic congestion on the public roads.

c) Adequate measures

minimize

trffic

The proposed use is expected to have similar impacts with regards to traffic and parking

City Council July 15,2020 cuP2020-002 Page 4

of6 as other uses crurently located in downtown. Adequate on-sheet and off-street parking

is available; therefore, the Department of Public Works, Traffic Engineering, has no concerns regarding the proposed use.

The proposed use

shall not be noxious or offensive by reason ofvibration, noise, odor,

dust, smoke or gos.

The applicant is required to abide by all city regulations pertaining to sound control and noise. No vibration, odor, smoke, or gas is anticipated to be generated. The Suffolk Police Department recommended that a video surveillance system be installed and monitored as a condition of approval. e)

shall not be injurious to the use and enjoyments of the property in the immediate vicinityfor the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The proposed use

The subject property is located along West Washington Street, which is one (1) of the two (2) most prominent commercial corridors in the downtown core. Entertainmentoriented uses, such as the proposed indoor amusement center, should not be injurious to the enjoyment of surrounding commercial and residential uses when the right set of conditions are established. Due to the proximity to residential uses, it is recommended that the operating hours cease at 11 p.m. on weekdays and midnight on Friday and Saturday evenings, which is consistent with previous recommendations for similar uses. Additionally, to protect the use, enjoyment, and values of neighboring property, the City has adopted Performance Standards in Section 31-608 of the Unified Development Ordinance that the applicant must abide by. Lastly, the proposed use is not expected to have a negative impact on the surrounding public facilities.

The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district.

As previously stated, the proposed use is in-keeping with the existing uses on West Washington Street. The proposed use is also supported at this location by the 2035 Comprehensive Plan and the Downtown Master Plan. Furthermore, the conversion of this vacant ground floor commercial space to an active indoor amusement and recreation center use will support the success of neighboring businesses by helping to increase pedestrian activity downtown and support continued redevelopment.

g) The establishment, maintenance or operation of the proposed

use shall not be detrimenial to or endanger the public health, safety, morals, comfort or general

welfare. Staff has attached conditions to limit any potential negative effects that may result from this type of use, and the applicant must comply with all ordinances regarding noise. These conditions will help to ensure that public health, safety, morals, and welfare are not endangered and that the character of the area remains intact.

City Council July 15,2020 cuP2020-002 Page 5

of6

The public interest and welfare supporting the proposed conditional use shall be sfficient to outweigh the individual interests which are adversely affected by the

establishment of the proposed use. The public interest and welfare should not be compromised by the proposed use at this location. The individual interests of persons within the neighborhood should not be

adversely affected by the proposed use.

RECOMMENDATION

The proposed use of an AmusemenVentertainment/recreation center, indoor, at 153 West Washington Street is similar to and compatible with the existing uses in the srurounding area. In addition, this use is supported by the 2035 Comprehensive Plan and the Downtown Master Plan. This application meets the approval criteria for Conditional Use Permits set forth in Section 31306 of the Unified Development Ordinance. Accordingly, staff recommends approval of CUP2020-002 subject to the following conditions:

1. This Conditional Use Permit is granted to establish an

Amusement/ entertainment/recreation center, indoor, on property located at 153 W. Washington Street, Zonrng Map 34G1 8(2), Parcel 9*9A.

No gambling, cash prizes, or prizes in exchange for cash are permitted.

Digital video surveillance shall be provided at all entrances/exits. The video must be accessible by employees on-site and must be approved by the Police Department.

All on-site food preparation shall be approved by the Health Department.

Occupancy of the building will be determined by the Suffolk Building Official and Suffolk Fire Marshall.

The hours of operation shall be limited as follows: Sunday - Thursday 9:00 a.m. to I l;00 p.m. Friday - Saturday 9:00 a.m. to l2:00 a.m./midnight

This property is located in the Suffolk Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness.

The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of the Suffolk and the Commonwealth of Virginia; this includes but

City Council luly 15,2020 cuP2020-002 Page 6

of6

is not limited to: the Virginia Administrative Code, the Unified Development Ordinance, and the Virginia Uniform Statewide Building Code. The Planning Commission, at their meeting of June 76,2020, voted 6 to 0 to approve a resolution recommending approval of this request with conditions. Attachments o General Location Map o Zoning lLand Use Map o Narrative of Description of Proposed Use o Proposed Ordinance . Exhibit A - Planning Commission Recommendation . Exhibit B - Property Map . Exhibit C - Proposed Conceptual Floor Plan

GENERAL LOCATION MAP cuP2020-002

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RECEIVED FEB 2 6

Will-O-Wisp

LLC

20711

PLANNINC

Narrative Description of Proposed Use Will-O-Wisp LLC is a proposed retail tabletop game store and caf6 to be located at 153 West Washington Street in Historic Downtown Suffolk. Patrons can expect a welcoming environment for the whole family with simple foods, retail games, space to play their favorite board and card games and a smalltoddler play area.

Our store will carry major brands such as Pokemon Trading Card Game, Magic the Gathering Trading Card Game, Dungeons and Dragons tabletop role play games, and others. As well as family favorite board games like Monopoly, Catan, and classic games like chess. Our retail space will allow patrons to purchase new games, cards, strategy books, and accessories Iike card protectors, dice, miniature figurines, and general game and brand related toys, collectables, and apparel or home decor and artwork. Occasionally a patron may wish to sell a collectible card to the store, we will provide store credit in such a case. Our expected hours of operation will be 2pm to 8pm Tuesday through Friday, L2pm to midnight Saturday, and 12pm to 8pm Sunday. We will be closed on Mondays. We may open early once or twice a month during the week to accommodate the homeschool community. Our main sources of revenue will come from retail sales of game related items and food. Occasionally we will host classes and special events for small fees. We will also maintain a rental library of games for patrons to check out for a fee, then return when they are finished playing. Playing games in Will-o-Wisp LLC is free and open to anyone, We will host regular free events

for

our patrons to get together, engage in the community, and play together. We will host limited events, which will not be free. These event fees will cover the costs of things like new cards, craft supplies, and other gaming supplies. The main trading card game brands regularly release new expansions on their games, The manufacturers grant early access to these expansions to game stores. These so-called pre-ielease parties allow our customers to purchase the newest content of their favorite games before they arrive at the big box stores. Some brands we will carry also

have worldwide leagues, which will host regular in store events and tournaments. These tournaments often have a small fee to cover the cost of new cards and sometimes include prizes such as free cards, game accessories, or in store food items. There will be absolutely no gambling or cash prizes on any games.

A large aspect for some of the games we will provide involves crafting and painting miniature figures, table scenes and other accessories. We will provide paints and craft supplies both for purchase and for use in store during special crafting events. lust off the main dining space a smaller flex space will be used for both game play and these crafting events. This area will seat about 14 patrons. seating for approximately 36 people will be provided cafeteria style. This dining space will serve as a dual-purpose space for patrons to both play their favorite games and enjoy their meals. A small play area will also be located near the main dining space to entertain the you ngest patrons

while parents and older siblings play games nearby. This play area will have various toys and

lot2

activities for an age range of 12 months up to 4 years. We expect a maximum occupancy of less than 50 patrons. Our small kitchen space will provide simple meals and snacks such as hot and cold sandwiches, chips, cookies, candy, and non-alcoholic beverages. Utilizing a sandwich press, crockpots, refrigerators, toaster ovens, and microwave ovens we will serve pulled pork sandwiches, grilled cheese sandwiches, chicken salad sandwiches, warm or cold lunchmeat sandwiches, and soups. We will provide bagged chips, candy, baked goods, canned sodas, and energy drinks. A smali self-serve coffee bar will be located next to the main check-out counter near this kitchen space. Coffee cups will hang on the wall and a coffee urn on the counter along with creamers, sweeteners, and tea bags will be provided. Two restrooms will be provided for patrons and staft each with one sink and one toilet. The twocompartment sink located in the kitchen area will be upgraded to a three-compartment sink and handwashing station. No major changes will be made to the plumbing and will be used as it is currently configured. The building, in general, will be used as it currently is and no major changes or modifications will be made to the building {unless required by code). The building will not be expanded and no additions will be added to the current layout.

Will-O-Wisp Family Game Store and Caf6 will be fun for all ages and members of the family. lt will provide simple foods and a safe place for children and adults to play their favorite table top games.

2of2

ORDINANCE NO.

ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH AN AMUSEMENT/ENTERTAINMBNT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 153 W. WASHTNGTON STREET, ZONTNG MAP 34G18(2), PARCEL 9*9A;

AII

cuP2020-002 WHEREAS, Brian S. Stewart, 153 West Washington LLC, applicant and property owner, has requested a conditional use permit for an AmusemenVentertainmenVrecreation center, indoor, 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 34G18(2), Parcel 9*9A, and which land is depicted on Exhibit "B", "Property Map"; and,

WHEREAS, the procedural requirements of Article 3, Section 3l-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 rtAt'.

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits.

Exhibit "A", "Planning Commission Recommendation", Exhibit "8", "Property Map", and Exhibit "C", "Proposed Conceptual Floor Plan", which are attached hereto, are hereby incorporated as part of this ordinance. Section

Findings.

Council finds that the proposal for a conditional use permit, as submitted or modified with

expressed pu{pose of which is to establish an Amusement/entertainment/recreation center, indoor, that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses andlor densities with the conditions set forth below.

conditions herein,

the

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 an Amusement/entertainment/recreation center, indoor, is

by the imposition of the conditions provided herein. Section

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 an Amusement/entertainment/recreation center, indoor, in compliance with Exhibit "C" (the "Proposed Concepfual Floor Plan"), and Sections 31-306 and37-406 of the Code of the City of Suffolk.

Conditions

1. This Conditional Use Permit is

granted

establish

Amusement/

entertainmenVrecreation center, indoor, on property located at 153 W. Washington Street, ZoningMap 34G18(2), Parcel 9*9A.

No gambling, cash prizes, or prizes in exchange for cash are permitted.

Digital video surveillance shall be provided at all entrances/exits. The video must

accessible by employees on-site and must be approved by the Police Department. 5.

All

Occupancy of the building

on-site food preparation shall be approved by the Health Department.

will

be determined by the Suffolk

Building Official and Suffolk

Fire Marshall. 7

The hours of operation shall be limited as follows: Sunday - Thursday 9:00 a.m. to I I:00 p.m. Friday- Saturday 9:00 a.m. to l2:00 a.m./midnight

This property is located in the Suffolk Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness.

Section

General Conditions.

(a)

(b)

To the extent applicable, the requirements set forth in Section 31-306 of the Code of the City of Suffolk, Virginia shall be met.

(c)

The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by the 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.

A certified copy of this

ordinance shall be recorded, bythe 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 authorizedby 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 Cletk

Exhibit A RESOLUTION NO. 20-06-4

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RE,LATING TO CONDITIONAL USE PERMIT cuP2020-002 TO ESTABLISH AN AMUSEMENT/ENTERTAINMENT/RECREATION CENTER, INDOOR, ON PROPERTY LOCATED AT 153 W. WASHINGTON STREET, ZONING MAP 34G18(2), PARCEL 9*9A; CUP2020-002 WHEREAS, Brian S. Stewart, 153 West Washington LLC, applicant and property owner, has requested the issuance of a conditional use permit for a certain tract of land situated in the City

of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance

attached

hereto and incorporated herein by reference; and

WIIEREAS, the specific request is to permit an Amusement/entertainment/recreation in accordance with Sections 31-306 and 31-406 of the Unified Development

center, indoor, Ordinance.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section

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,

Xc) will be no more injurious to property or improvements in the neighborhood, 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

Recommendation to Council.

The Planning Commission recommends to City Council that the request, CUP2020-002, be:

Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. Denied, and that Council not adopt the proposed Ordinance.

, c) Granted with the modifications -b)

set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications.

READ AND TESTE:

CONDITIONAL USE PERMIT cuP2020-002

CONDITIONS 1.

This

Conditional

Use Permit is granted to establish an

Amusement/

entertainment/recreation center, indoor, on property located at 153 W. Washington Street, Zoning Map 34Gl 8(2), Parcel 9*9A. 2.

No gambling, cash prizes, or prizes in exchange for cash are permitted.

Digital video surveillance shall be provided at all entrances/exits. The video must be accessible by employees on-site and must be approved by the Police Department.

5. All on-site food preparation 6.

Occupancy of the building

shall be approved by the Health Department.

will

be determined by the Suffolk

Building Official and Suffolk

Fire Marshall. 7.

The hours of operation shall be limited as follows: Sunday - Thursday 9:00 a.m. to I l:00 p.m. Friday - Saturday 9:00 a.m. to 12:00 a.m./midnight

This property is located in the Suffolk Historic Conservation Overlay District and is subject to the standards of the Historic District Design Guidelines. Any exterior changes to the property will require a Certificate of Appropriateness.

The applicant shall be responsible to ensure compliance with all local and state laws and ordinances of the City of the Suffolk and the Commonwealth of Virginia;this includes but is not limited to: the Virginia Administrative Code, the Unified Development Ordinance, and the Virginia Uniform Statewide Building Code.

PROPERTY MAP GUP2020-002

EXHIBIT B

User Nane: bsmith Dale:2f272020

EXHIBIT C PROPOSED OONCEPTUAT 153 W Washington Street Floor plan

FTOOR PIAN

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E cuP2020-002

AGENDA: July 15,2020, Regular Session

ITEM:

Public Hearing - An ordinance to grar,t a Conditional Use Permit to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16, Parcel 24; CUP2019-016

Attached for your consideration is information pertaining to Conditional Use Permit Request CUP2019-016, submitted by Pamela W. and Scott Troutman, Sr., applicants and property owners, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16, Parcel 24. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned RE, Residential Estate zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agricultural Use District.

The Planning Commission, at their meeting of June 76, 2020, voted 6 to 0 to approve resolution recommending approval of this request. ATTACHMENTS: Staff Report General Location Map Zoning lLand Use Map Narrative Proposed Ordinance Exhibit A - Planning Commission Recommendation

ExhibitB-PropertyMap Exhibit C - Survey

STAFF REPORT DESCRIPTION

CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2019-016 to establish a Stable, commercial, in accordance with Section(s) 31-306 and 31-406 of the Unifred Development Ordinance.

APPLICANT: Submitted by Pamela W. and Scott Troutman, Sr., applicants and property owners.

LOCATION: The affected property is located al

4200 Lake Point Road, Zoning Map 16, Parcel

25. PRESENT ZONING: RE, Rural Estate zoning district.

EXISTING LAND USE: The subject property features a two-story building, horse stables,

paddocks/pastures, riding ring, and an equipment building.

PROPOSED LAND USE: The applicant proposes to establish a commercial stable to be able to board up to a maximum of 15 horses not including their own horses.

SURROUNDINGLAND USES: North - Lake Prince and residential properties zoned RE, Rural Estate zoning district. South East West

Residential properties and zoned RE, Rural Estate zoning district. Lake Prince and residential properties zoned RE, Rural Estate zoning district. Lake Prince and residential properties zoned RE, Rural Estate zoning district.

COMPREHENSIVE PLAN: The City's 2035 Comprehensive Pian identifies this property being located within the Rural Agricultural Use District, outside of the Central Growth Area.

CHESAPEAKE BAY PRXSERVATION AREA DESIGNATION: The property is located within the City's Chesapeake Bay Preservation Area Overlay District and is designated as a Resource Protection Area (RPA) and Resource Management Area (RMA). PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy ofthe staffreport, was also sent on June 12,2020 and July 10,2020.

CASEHISTORY: None. STAFF'ANALYSIS ISSUE The applicant proposes to utilize an existing horse stable and pastures to commercially board up

City Council July 15, 2020

cuP20l9-016 Page 2 of 6

15 horses not including their own. The subject property is approximately 21 acres in size and features a residential structure, a 7 stall stable, 4 paddocks/pastures, a riding area, and an equipment building. The property currently has horses on it and has been used in the past as a private stable. The existing horse stable has a totzl of 7 stalls allowing for 7 horses to be boarded. The remaining 8 horses are proposed to be pastue boarded. There are currently no structures or

run-ins in the pastures to provide shelter for the horses. The applicant is not proposing riding lessons or shows at this time.

Additionally, the property is located along Lake Prince which is a drinking reservoir owned by the City ofNorfolk. Lake Prince has a required 100-foot Resource Protection Area surrounding the reservoir and which impacts the subject property.

CONSIDERATIONS AND CONCLUSIONS

Section 3i-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a Stable, commercial, within the RE, Rural Estate zoning district.

Section 31-702 of the Unified Development Ordinance (JDO) provides supplemental standards for animal regulations. Horses are permitted on properties zoned A, Agricultural, RR, Rural Residential, and RE, Rural Estate zoning district. The minimum acreage for keeping one horse is two acres, which may include a homesite. For parcels of three to five acres, tlree additional horses per acre may be kept. For incremental acreage increases of six through ten acres five horses per additional acre are permitted. The subject property by right may have a total of 90 horses. The requested number of horses to be commercially boarded does not exceed the number ofhorses permitted by right. J.

This property is within an area of the City where Public water or sewer is not avaiiable. Therefore, the Department ofPublic Utilities has no objections to this request.

The applicant has submitted a Nutrient Management Plan, dated December l7 , 2019, md a Conservation Plan Report, dated February 04, 2020, in response to the Department of Public Works Total Maximum Daily Load (TMDL) concems from the increased number of horses. The plans outline the procedure for rotational grazing and spreading of manure for the four existing pastures on site. Additionally, the plans outline and recommend best management practices to prevent any potential runoff into Lake Prince, a drinking reservoir owned by the City of Norfolk, that could be produced from the proposed use. The Department of Public Works, has no objections to this request.

Access to the site is currently from an existing private gravel driveway that extends from the terminus of Lake Point Road, a paved public street. The gravel drive is located within an existing ingress/egress easement. Maintenance of the gravel drive is currently the responsibility of the adj acent property ownem which share the use of the drive per a maintenance agreement. The Department of Public Works, Traffic Engineering Division, has no objections to this request.

City Council July 15, 2020

cuP20l9-016 Page 3 of 6

Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a conditional use permit recognizes usei that, because of their unique characteristics or potential impacts on adj acent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a conditional use permit by City Council when the right set of circumstances and conditions are found acceptable.

Conditional Use Permit Approval Cdteria, 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 Councii, and only if the applicant demonstrates that:

The proposed conditional use shall be in compliance with dll regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as setforth in Article 7 of the Ordinance.

The proposed use is permitted only with the approval of a conditional use permit in the RE, Rural Residential zoning district, per the City's Unified Development Ordinance. All requirements as set forth in Articles 6 and 7 of the Unified Development Ordinance must be met. Section 3l-702 of the Unified Development Ordinance (UDO) provides supplemental standards for animal regulations. By right the property can have 90 horses on the property. The requested number of horses to be commercially boarded does not exceed the number of horses permitted for the property.

Furthermore, the housing of horses shall be constructed so as to facilitate maintenance in a clean and sanitary environment. There are currently no nrn-ins or structures that provide shelter to the horses in the pasture. A commercial stable and public stable is defined as an accessory building in which horses are kept for commercia-1 use including boarding, hire, and sale. Therefore, staff recommends that the number of horses to be commercially boarded be limited to the number of slalls in the stable and run-ins or structues in the pastures to ensure shelter is provided for the horses.

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 hqve no more adverse effects on health, safety or comfort of persons living or worhing 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 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 encourqges mixed uses and/or densities.

City Council July 15,2020

cuP2019-016 Page 4

of6

The proposed commercial stable use is consistent with the existing character and surounding land uses. The subject property is zoned RE, Rural Estate zoning district and is permitted to have horses on the property. The property owners currently use the property for their personal horses and are requesting to board horses other than their own for profit. The commercial stable use would allow the applicant to utilize the existing horse stables and pastures to board horses for a proht. The srmounding properties have horses for both private and commercial use. Additiona.lly, traffic is not anticipated to adversely impact adjacent property owners. The proposed use is similar to and consistent with existing uses and other uses permitted in the same dishict.

shall be taken to prottide ingress and egress so designed as to minimize traffic hazards and to minimize trafic congestion on the public roads.

c) Adequate meqsures

stated, the properfy is accessed from a private drive that leads to a public road. The appiicant has provided documentation that shows there is an existing ingress/egress easement to the property. Maintenance of the $avel drive is currently the responsibility of the adj acent property owners under a maintenance agreement. The Department of Public Works, Tralfic Engineering Division, has no objections to this request.

A previously

d) The proposed use shall odor, dust. smoke or gas.

not be noxious or offensive by reason of vibration, noise,

The applicant is required to abide by all city regulations pertaining to sound control and noise. No vibration, odor, smoke, or gas is anticipated to be generated. Additionally, the existing stables are approximately 260 feet away from the closest structue, which is another horse stable, and approximately 700 feet and more from surrounding residential structures. 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.

The subj ect property currently has an existing stable that is used for the property owner's personal horses. The property will continue to be used for horses; however, the proposed commercial stable use would allow for horses to be boarded for a profit in addition to being used for the property owner's personal horses. In addition, as previously stated the surrounding residential structues are al1 approximately 700 feet ard more from the existing stables. The proposed commercial stable should not be injurious to the use or enjoyment ofproperties in the immediate area. .f)

The establishment of the proposed use shall not impede the orderly deyelopment qnd improvement of surrounding property for uses permitted within the zoning district.

City Council July 15, 2020 cuP2019-016 Page 5

of6

As previously stated, the proposed use is in-keeping with the existing uses in the surounding area and would not impede the ordelly development of surrorjnding properties.

The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, mordls, comfort or general welfare.

Additionally, a Nutdent Management Plan, dated December 1'7 , 2019, and a Conservation Plan Report, dated February 04, 2020, have been submitted and accepted with the application. The plans provide management procedures for rotational grazing and spreading of manure for the four existing pastures on site to address increases in waste that could be produced by the proposed use. The Nutrient

Management Plan recommends that soii samples be taken once a rotation or every three years to maximize utilization of soil nutrients. The plan recommends that fertilizer not be spread on windy days or on frozen or saturated sails to prevent potential runoff. Additionally, the plans also outline best management practices to prevent potential runoff into Lake Prince. The Conservation Plan Report states that the existing 100-foot resource protection area buffer is currently functioning and is fu11y vegetated around the entire pastue area. The plan outlines management procedures for prescribed grazing land management to reduce the risk of surface and groundwater contamination from nonpoint source pollution from the pastures by managing stocking rates and grazing periods. Staff recommends that the procedures outlined in the Nutrient Management Plan, dated December t7 , 2019, and the Conservation Plan Report, dated February 04,2020, are met.

public interest and welfare supporting the proposed conditional use shall be sfficient to outweigh the individual interests which are adversely affected by the The

establishment of the proposed use.

RECOMMENDATION The proposed use of a Stable, commercial, at 4200 Lake Point Road is consistent and compatible with the existing uses in the surrounding area. This application meets the approval criteria for

Conditional Use Permits set forth in Section 31-306 of the Unified Development Ordinance. Accordingly, staff recommends approval of CUP201 9-016 subject to the following conditions:

This Conditional Use Permit is ganted to establish a Stable, commercial, on property located at 4200 Lake Point Road , Zoning Map 16, Parcel24.

City Council July 15,2020 cuP2019-016 Page 6

of6

The number of horses to be commercially boarded shall be limited to the number of stables and or run-ins in the pastures provided to house the horses, and shall not exceed the total number of horses permitted for the property in accordance with Section 3l-702 of the Unified Development Ordinance.

The applicant shali ensure that all recommendations and procedures in the Nutrient Management Plan, dated December 17, 2019, and the Conservation Plan Report, dated February 04,2020, are met.

The Planning Commission, at their meeting of June 16, 2020, voted 6 to 0 to approve resolution recommending approval of this request. Attachments o General Location Map o Zoning lLand Use Map o Narrative o Proposed Ordinance o Exhibit A - Planning Commission Recommendation o Exhibit B - Property Map

ExhibitC-Survey

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Narrative Description of Proposed Use

The Applicant/Owners, Scott and Pamela Troutman wish to get a business license to board horses other than their own on their private property and stables located at 4200 Lake Point Road, suffolk, virginia. The property is located in a RE Zoning District which allows horses and other livestock. This Application for Conditional Use Permit has been submitted because the City of Suffolk Unified Development Ordinance classifies this as a "commercial stable"

operation if the property owner accepts money for the service of boarding horses, although the Applicant/owner still considers it a private family farm. The Applicant/owners wish to board horses for family and friends for a fee to offset the costs of maintaining the farm. The property contains a home, seven stall barn, equipment building, riding ring and four large pastures (see attached pictures). The Applicant/Owner will not be making any improvements to the property. The Applicant/owners currently own three horses and a donkey. The Applicant/owners wish to stall and pasture board up to a maximum of 15 horses other than their own. As the Applicant/owner understands the ordinance on number of horses ailowed, (see attached ordinance and calculation sheet), the maximum number of horses allowed on the property would be 90 horses.

RECEIVED sEP I I 20le PLANNING

ORDINANCE NO.

AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A STABLE, COMMERCIAL, ON PROPERTY LOCATED AT 4200 LAKE POINT ROAD, ZONING MAP 16, PARCEI 24; CUP2019016

WHEREAS, Pamela W. and Scott Troutman, Sr., applicants and properly owners, has requested a conditional use permit for a Stable, commercial, on a certain tract of land situated in the City of Suffolk, Virginia, which land is designated on the ZoningMap of the City of Suffolk, Virginia, asZoning Map 16, Parcel 24, 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 3l-I02 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, ttA".

WHEREAS, the Planning Commission has.made a recommendation as stated in Exhibit

NOW, THEREFORE, BE

ORDAINED by the Council of the City

Suffolk,

Virginia, that: Section 1. Exhibits.

Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", and Exhibit"C", "Survey", which are attached hereto, are hereby incorporated as part of this ordinance. Section

Findings.

Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a Stable, commercial, that is in conformity with the standards of the Unified Development Ordinance of the City of Suftolk and that it wilt 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 existhg use and character of property, the Comprehensive P1an, the suitability of properly 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 Stable, commercial, is by the imposition of the conditions provided herein. Section

Permit Granted.

The conditiona.l use permit for the Property be, and it is hereby, approved for the Propety, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits a Stable, commerciai in compliance with Exhibit "C" (the "Survey"), and Sections 31-306 and 31-406 of the Code ofthe City of Suffolk. Conditions 1.

This Conditional Use Permit is'granted to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16,Parce124.

The number of horses to be commercially boarded shall be limited to the number of stal1s in the stable and or run-ins in the pastures provided to house the horses and shall not exceed the total number of horses permitted for the property in accordance with Section 31-702 of the Unified Development Ordinance.

The applicant sha.ll ensure that all recommendations and procedures in the Nutrient Management Plan, dated December 17, 2019, and the Conservation Plan Report, dated February 04 , 2020 , are met Section (a)

General Conditions.

The conditional use permit may be revoked by City Council upon failure to comply with any ofthe conditions contained herein, after ten days written notice to the property owner, or their successors in interest, and a hearing at which such persons shall have the opporhrnity to be heard.

(b)

To the extent applicable, the requirements set forth in Section 31-306 ofthe Code of the City of Suffolk, Virginia shall be met.

(c)

The commencement of the use described in Section 3 of this ordinance sha11 be deemed acceptance by the 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. Sevelabilitv.

It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and pln'ases ofthis ordinance are severable; and if any ptu'ase, clause, sentence, parugruph, 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 phlases, 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 iecorded, 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 fi'om the date of approval by the City Councii and shall terminate if not initiated within that time period.

READ AND PASSED:

TESTE: Erika Dawley, City Clerk

rlivi L. H

Exhibit A RESOLUTION NO. 20-06-2

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT cuP2019-016 TO ESTABLISH A STABLE, COMMERCIAL, ON PROPERTY LOCATED AT LAKE POINT ROAD, ZONING MAP 16, PARCEL 24i CUP2019-016

42OO

WHEREAS, Pamela W. and Scott Troutman, Sr., applicants and property owners, has requested the issuance of a conditional use permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and

WHEREAS, the specific request is to permit a Stable, commercial, 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

Findings.

The Suffolk Planning Commission finds that the proposal for a conditional use permit, 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,

X c)

Will

be no more injurious to property or improvements in the neighborhood, or

d) Will be more injurious to property

which encourages mixed uses and/or densities.

Section

Recommendation to Council.

The Planning Commission recommends to City Council that the request, CtJp20lg-016,

be:

Granted as submitted, and that the City Council adopt the proposed Ordinance without modification.

_b) ,c)

Denied, and that Council not adopt the proposed Ordinance.

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 TESTE:

CONDITIONAL USE PERMIT cuP2019-016

CONDITIONS

This Conditional Use Permit is granted to establish a Stable, commercial, on property located at 4200 Lake Point Road, Zoning Map 16,Parcel24.

The number of horses to be commercially boarded shall be limited to the number of sta11s in the stable and or run-ins in the pastures provided to house the horses and shall not exceed the total number of horses permitted for the properly in accordance with Section 31-702 ofthe Unified Development Ordinance.

The applicant shall ensure that all recommendations and procedures in the Nutrient Management Plan, dated December 17, 2019, and the Conservation February 04,2020, are met.

Plal Report, dated

PROPERTY MAP cuP201 9-016

U*r Name: bsnith Date:926/2019

EXHIBIT B

EXHIBIT C THIS IS TO CERTIFI THAT ON NOVEMBER 15, 2005, I SURVE|ED THE PROPERI/ SHOWN ON THIS PLAT AND THAT THE TITLE L]NES ANO THE WALLS OF THE BUILDINGS ARE AS SHOWN HEREON. THE IMPROVEMENTS LIE STRICTLY WTTHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS rcR VISIBLE EASEMENTS EXCEPT AS SHOWN. L,S,

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FAR

ROBERT

THIS IS TO CERIIFI THAT THIS SURVEY REFERS TO THE SAi.,iE LOT OR LOTS RECORDED IN THE CLERKS OFFICE OF THE CIRCUrI COURT OF THE CITY OF SUFFOLK, VIRGINIA, tN D.B. 235, Pc. 420. UTILITIES TO OWELLING ARE UNDERGROUND.

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LETCHWORTH

DA\E: NOVEMBER 15, 2A05 SCALE: I

R. L.

":2aA'

GALLOWAY, L,S.

SURVEYOR/PLANNER COMMERCE LANE SMITHFIELO, VIRGINIA 23430

17226

PH: (7s7) 3s6-9096 FAx: (7s7) 356-e098

0aa81 68 - 2)OPH.dv/9/MSG

cuP2019-016

AGENDA:

July 15,2020, Regular Session

ITEM:

Ordinance

- An ordinance authorizing the City Manager to accept a Deed Open-Space Easement over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Nansemond Reserve, Tax Map Number 19, Parcel 4,{; FSB20 l9-00012

Under the Cluster Development Use Pattern, passive open-space shall be preserved as open-space by a Conservation Easement which complies with the Virginia Conservation Easement Act (VC 10.1-1009-10.1-1016) or an open-space easement which complies with the Virginia Open-Space Land Act (VC 10.1-1700-10.1-1705). Under the Virginia Conservation Easement Act, the holder of the easement is a charitable corporation, charitable association, or charitable trust. Under the Virginia Open-Space Land Act, the open-space easement is held by a public body which includes any state agency having authority to acquire land for a public use, or any county or municipality, any park authority, any public recreational facilities authority, any soil and water conservation district or any community development authority formed pursuant to Article 6 (15.2-5152 et. seq) of Chapter 51 of Title 15.2, or the Virginia Recreational Facilities Authority.

In that the easements over

passive common open-space in cluster development subdivisions preserve that land as open-space in perpetuity, it is recommended that the City accept such an easement in accordance with the Virginia Open-Space Land Act over the common passive open-space within Phase 1 of the Cluster Subdivision Plat Nansemond Reserve located off of Sleepy Hole Road within the Sleepy Hole Voting Borough. Please be advised that the acceptance of this easement does not impact the taxing status of the subject passive common open-space.

Budget Impact:

The granting of this Open-Space Easement will not result in any addition to the OpenSpace Land Use Program that was previously repealed by City Council. Attachments: General Location Map Property Map Subdivision Plat of Phase I of Nansemond Reserve Proposed Ordinance Deed Open-Space Easement

GENERAL LOCATION MAP FSB2019-00012 Nansemond Reserve Phase

Northern Growth Area Use Distdcts

utxeo use cone CORE SUPPORT INNER-RING SUBURBAN SUBURBAN

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ORDINANCE NUMBER

AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT A DEED OPEN-SPACE EASEMENT OVER THE

COMMON PASSIVE OPEN-SPACE WITHIN PHASE 1 OF THE CLUSTER SUBDIVISION PLAT NANSEMOND RESERVE, TAX MAP NUMBER 19, PARCEL 4A; FSB2019-00012

WHEREAS, Phase 1 of the Nansemond Reserve Cluster Subdivision has been approved utilizing the cluster development use pattern as allowed under the Unified Development Ordinance; and, accordance with Section 3l-411(d)(2) of the Unified passive common open-space shall be preserved as openthe Development Ordinance, space by a conservation easement that complies with the Virginia Open-Space Land Act;

WHEREAS,

and,

WHEREAS, the Virginia Open-Space Land Act authorizes municipalities to accept conservation easements over passive common open-space

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section

Authorization.

The City Manager is hereby authorized to execute a "Deed - Open-Space Easement", in substantially the same form as attached hereto, to accept the conservation easement. Section

Findinss.

City Council finds that the open-space easement satisfies the requirements of the Unified Development Ordinance and the Virginia Open-Space Land Act and hereby accepts the easement. Section

Recordation.

A certified copy of this ordinance shall be recorded, by the applicant, in the

name

of the property owner in the office of the Clerk of the Circuit Court of the City of Suffolk, Virginia.

This ordinance shall be effective upon passage and shall not be published or codified.

READ AND PASSED: TESTE:

Erika S. Dawley, City Clerk

Helivi L. Holland, City Attorney

Prepared by and Return to: Johnson, Gardy & Teuffer Account Number:

l9*4A DEED OPEN.SPACE EASEMENT PassiveOpenSpace C luster Development Use Pattem

THIS DEED OF EASEMENT is entered into this 26th day of April, 2020 by refered to as 'Grantor") and the CITY OF SUtr'FOLK. YIRGINIA, a political subdivision of the Commonwealth of Virginia (the 'City").

Nansemond Reserve Investors, LP, a Virginia Limited Partnership (herein

WITNESSETH:

WHEREAS, Grantor is the lee simple designated "Passive Open- Space," as shown on

ofNansemond Reserve Phase I , (the 'Plar'), Open Space further described in Exhibit A

WHEREAS, the Passive Openscenic, natural and recreational value in

WHEREAS, iN Chapter 17 of the Vi Development Ordinancg-the' e asement ( " E a s e limiting the r.rse belo'rv, and the

its

the\ct

plat

or tracts of land

en'[d

Subdivision Plat herewith, said Passive-

Grantor has environmental, passive open-space area; and

ofthe Open-Space Land Act, Title 10.1, by the City of Suffolk Unified to glrxrt a perpetual Open- Space to the Passive Open- Space, restricting and and conditions and for the purposes set forth the Easement; and

WHEREAS, and the City recognize the value of the Passive Openin its present state,Xd have a common purpose olconserving the passive OpenSpace, preserving the natural character ofthe Passive Open-Space, and preventing the use or development ofthe Passive open-space for any purpose or in any manner which would conflict with maintenance in accordance with purposes of the Open- Space Land Act and the City of Suffolk Unified Development Ordinance; and Space

WHEREAS, the City is authorized by the Open-Space Land Act to accept, hold and administer the Easement, and the city possesses the authority to accept and iJwilling to accept the Easement under the terms and conditions described below, and the Grantor, for itself, its successors and assigns waives any objection to the perpetual nature ofthis Easement-

NOW THEREFORE, for good and valuable consideration, receipt of which all parties acknowledge, and in consideration of the mutual covenants and restrictions set forth below, the Grantor couveys to the city and its successors and assigns forever and

REV. 8 2 l9

in perpetuity an Open-Space Easement ofthe nature and oharacrcr and to the extent set forth below. applicable to the Passive Open-Space for rhe purposcs ol preserving the importanl features of the Passirc Open-Space and maintaining permanently the natural character of the Passivc O1rcn-Space, rvhich Passive Open-Space is more particularly described on the attached ENhibil A.

The commitnrenls, condirions and restrictions applicable ro the passive OpenSpace, for the purpose oFachieving these goals sre set fbrlh belorv:

l. l'his Easernent shall be peqpetual. It is an easement in gross, and shall run with the land as an incorporeal inrerest in the Passive Open-Space enlbrceable by the Ciry agains rhe Grontor and its heirs, successors and assigns. The Gr4ntor for itselt', its heirs successors and assigns waives any objection to the perpetual ofthe Eascment. 2. There shall be no dumping of soil, trash, malerial. There shall be no dumping or filling in of olher are6 except Bs may be permilled by applica erosion. Aceumulation or applicarion of trash, e, material is not permittcd on the PassiYe Opcn-S or placement on the Passive Open- Space

debris from off-sitc.

ofany stuni

3. Mining, drcdging and materials are prohibited, except a.

rvaste or oflensive pond, for the

waterway, or of combatting sludge dr other unsighrly shall be no durnping, storage rush. grass or other land clearing

jqD

soil, rock, sand, coal and other

and

ffi

ofaccesscs to uses and structures pemlitted

of this Deed of Easement. Accesses slrall be lo cause a minimum of in(erference rvifi lhe drainage, vegetalion, tvildlife, recreation and of the Passive Open-Space.

4. Rcmoval, prohibited except as indicated ou thc conceplual plan and for:

or othcr vegetation

of existing accesses or conslruction and maintenance ofaccesses permitted by this f)eed ofEasement; or Reasonable maintenance

Application ofgood management practices including the prevention or treatment ofdisease; or

Removal of only such vegetation as is reasonably necessary for construction and improvemcnts in substantial conformity with rhe

concep(ual plan and in accordance \ .ith this Decd ofEasement.

REV. 8 2 te

5. There shall be no activities or uses detrimental or adverse to water conservalion, erosion control, soil conservation and, subject to the permifled uses, lhc preservation of wildl i le habitat.

passive Open-Space shall be 6.- Us9, .development and improvement of the permitted only in accordance with the city of Suffolk unified Developm;nt ordinance and as depicted on the conceplual plan approved by rhe City of Sutlolk, The passive

Open- Spacc shall not be furthcr divided, subdivided, or conveyed in fbe exccpr as depicted in the conccptuol plan. und shall be maintained as possiw open-spacc.

7.'lhere shall be no a]leration of the topography of the passive Open-Space, cxcept es required for thc consrruction of structurcs, trails or orhcr improvemenis in substanrial conformity \yirh the conceplual plan or reasonably, to provide for penlilted uses. 8. The features designated on the conceptual

woodlands and wetlands shall be mainrained and successors or assigns substantially as substantially the same condition as exisrs on 9. The Grantor expressly rcserves

Continue lhe scenic, Open-Space.

including all tor, its heirs, p lan, and in

of this Deed. and assigns the right to:

uses of the Passive

, remodel or replace the permitted conceptual plan with structurâ&#x201A;Źs of and construcl any olhor improvements plan provided lhat the changes arc conservation purposes of the passivâ&#x201A;Ź Open, provisions of this Easement.

Lnprove, Strucfures

rrse of the Passivc Opcn-Space for all purposes not with lhis EBsemenl.

10. The parties agree lhat monetary damages wourd nor be an adequare remedy for rhe.breach ofany ofthe terms, contlitions and reitrictions ofthis Eor.nr.nt, and rtrereilxq in lhe event lhat fte crantor, its heirs, successors or ossigns, vioratg 0r breach any orthcse terms, conditions and rcstrictions, the City and its succeisors a,a assigns,

niay ;ffi;i;; p"in*"ni;fiil;

suit and shBll bc enrirled to enjoin by ei-na.ri remporary *alo. such violarion and ro rcquire th"r.rtorarioi-of ttre p.^sirr o[n-space to a condirion in compliancc with rhis Easement. The City. irs successors nnJJ*rignr, by,r, to acr do nor waiveor forfeit th.e right to take any action as nay be necessary to insure

p;;;i;ii;;

compliance rvirh rhc temrs, condiriois, and resrrjciio;;

;iihi; ;;em"nL

'thc Ciry. irs succe111s a1$ assigns, hav-e.rhc righr, wirh reasonablc notice, to entgr the Passive open- space ror the purpose of inspection to determine rvhcther REV. 8 2 ls I

the Cranlor, or its successors ol assigns, are complying \vith thc tenns, conditions and resfic ons of this Easement. This right ofinspeclion does not include the interior ofany dwellings.

12. The City may assign irs rights under this Easencnt to any State or fcderal agency charged rvith thc responsibility ofconservation ofnaural areas, or ope[spaceJ or to any non-profit. tax-exempt orgadzation engaged in pronloting conservation olnatural areas; and ifsuch a-ssignee shall bc dissolved or shall abandon this Easement, or the rights and duties ofenlbrcement or ifproceedings are instituted for condemnation of this Easement, the Easemenr and righls ofenforcement shall reven to the Cily; and if the City shall be dissolved and ifthc tcrms ofthc dissolution fail to provide a succcssor, thcn the City ofSuffolk Circuit Court shall appoint an appropriare successor. 13, The Orantor agrees lbr iselt', its heirs, successq in wtiting to the City of the names and addresses of an Open-Space is to be transferred. at thc tinte oflransfer. 14. The City agree s to hold this will not transfer the Easement in exchange except as provided in and perrnitted by the and

15. This

Easement shall be

the public in ways recited above by

Although this

conYey aright to its heirs,

Act. purposes of the Virginia o lk' s Comprehcnsivc Plan the conservation purposes ofthis the lnlemal Revenue Code.

Easement, including such

16.

for ation purposes, propcny, other or scrvices, l'

)he

Open- Space Land Act, to promote and Unified Development Ordi

encouraging and

d assigns to give notice to rvhom the Passive

good land nunagenlent, it shall not be conslrued to use of the Passive Open-Space, and the Grantor, cxclusive rights to acccss and use.

The covenants imposcd shall be bi

and the ternrs, conditions. reslrictions and purposes the Grantor, and its agents, personsl representatives, heirs, assigns, and all successors to it in intercsl, and shall conl.inue as a servitudc running in perpctuity rvilh the above described land, notwithstanding any restrictions at common lau' on the tenns of casemcnts in gross, or their enforcerneit. ' Notwirhstandirg any orher provisions of rhis Deed of Easemenr, rhe City

_ ^1J.. -Unified of- ^ Suffolk Development ordinance

and other appricabre staiues, ordinances and

regulations shall appry ro the passive open-space ,na inatt take prccedence over rhis Easemenl to the exrent drat those requirements-arâ&#x201A;Ź morc rcstrictive ihan rhc rerms ofthis

Easement.

r8'

'r-he invariditv or unenforceabirity

ofany provision of this Easement shalr valirritl or enforceabiliry otanyirovisi6n'oiir,i, rur.rn"nr or any ancillary or supplementary agreement relating to the subjcct ofthis Easemlnt, R.EV, 8 2 19 nor affccr rhe

REV. 8 2 t9

WITNESS the following sigratures:

Owne/Cranlor;

NANSEMOND RESERVE INVESTORS, LP

A Virgirria Limited Partrrrship By: Sleepy Hole lnvestments, LLC, Ccneral Prrtner & Authorizcd Signatory By: M. Benjanrin Davenporl,

Starc of Virginia City of.

The foregoing instrument was by M, Benjamin Davenport, authorized signatory

My commission expires:

...-.-.-'..'.-

day

,20-

Acceplance

of this Deed by City of Suffolk; a political subdivision ol

Commonwealth of

Virgi[ia

the

pursuant to Va. Code Section 15.2-t 803, is evidenced by

the signarure below.

Dats;

City Manager

COMMONWEALTH OI.' VIRG

IA,

CITY OF SUF'FOLK, to-wit:

The foregoing instnrment wils 20_ by City of Sutlblk.

My commission My Notary Registrat

this_day of Manager on behalf of the

Notary Public Approved as to Form:

City of Suffolk Attorney's Office

Approved to Substance;

Director of Planning and Community Development

REV.

EXHIBIT A All those certain lots, pieces or parcels of land, with the improvements thereon and the appurtenances thereunto belonging, located in the City of Suffolk, Virginia, designated as Passive Open Space Phase 1 consisting of 72.942 acres, as shown on that certain plat entitled, Subdivision Plat of Nansemond Reserve, Phase One for Nansemond Reserve lnvestors, LP, Tax Map 19t4A, Sleepy Hole Borough, Suffolk, Virginia" dated October 8, 2OL9, consisting of 107.893 acres, more or less, all as Reserve Phase shown on that certain plat entitled "Subdivision Plat of t (a Single Family Detached Cluster Subdivision) for Nan d Reserve lnvestors, October 8, 2019 LP Tax Map: 19+4A, Sleepy Hole Borough, Suffolk, by Design Group, Engine and made Parrish Layne - Planners, P.O. 8ox 9164, Chesapeake, Virginia 23321, and rey'ded.in the s office of the lnstrument Number Circuit Court

of the City ol Srtlk

Resolutions

AGENDA: July 15,2020, Regular Session

ITEM:

Staff Report

Auto Aid Initiative

Fire Chief Michael J. Barakey will provide a staff report regarding the Auto Aid Initiative between the City of Chesapeake Fire Department and the City of Suffolk Department of Fire & Rescue.

AGENDA: July 15,2020, Regular Session

ITEM:

Staff Report

2035 Comprehensive Plan Update

City Council has been previously briefed in regard to the required five (5) year review of the City's Comprehensive Plan, per the requirements of the Code of Virginia. In that regard, the Director of Planning and Community Development will provide a presentation to City Council on the status of this important project with an anticipated schedule and the identification of key themes, areas of interest and stakeholders.

AGENDA: July

ITEM:

15,2020, Regular Session

Staff Report

Coronavirus Update

The City Manager or designee will provide City Council with an update related to COVID

19.

AGENDA: July 15,2020, Regular

ITEM:

Session

Motion - A motion to schedule a public hearing for the August 5, 2020 City Council meeting, regarding authorizing the issuance and sale of General Obligation Public Improvement Bonds, Series 2020

RBCOMMENDATION: Schedule a public hearing for the August 5,2020, City Council meeting

AGENDA: July 15,2020, Regular Session

ITEM:

Motion - A motion to schedule a Public Hearing for August 5,2020, to receive public comment on an ordinance authorizing the acquisition of real property within the 3800 block of Pughsville Road in fee simple and permanent easements, either by agreement or condemnation, for the 3800 Block of Pughsville Road Gravity Sewer Extension Project

This project will extend a new 1O-inch gravity sewer main along Pughsville Road from its current terminus at City Pump Station No. 1, located at 39014 Pughsville Road, to an existing City manhole located adjacent to 3797 Pughsville Road. The new gravity sewer main will serve two purposes: 1.) Allow for the abandonment and removal of City Pump Station No. 1 which has reached the end of its useful service life, and 2.) Provide gravity sewer service connections to the existing and vacant lots along the sewer route.

Prior to proceeding with the construction of the gravity sewer main extension, it is necessary for the City to acquire three permanent easements along the sewer route for the installation of the gravity sewer main by either agreement or condemnation. A public hearing is necessary to receive public comment regarding these utility easements and property acquisitions. A motion is requested to schedule the required public hearing to be held at the August 5,2020, City Council Meeting.

RECOMMENDATION: Approve the motion

Motion to Schedule a Cify Council Work Session, for Wednesday, August 5r 2020, at 4 p.m., unless cancelled

Non-Agenda Speakers

New Business

Announcements and Comments