Planning Commission Agenda Packet - April 20, 2021 by City of Suffolk, Virginia

SUFFOLK PLANNING COMMISSION AGENDA FOR APRIL 20, 2021

PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT ROBERT P. GOUMAS, AICP, INTERIM DIRECTOR THE REGULAR MEETING WILL BE HELD AT 2:00 P.M. IN THE SUFFOLK CITY COUNCIL CHAMBERS OF THE CITY HALL BUILDING IF YOU CANNOT ATTEND OR NEED SPECIAL ACCOMODATIONS AT THE MEETING, PLEASE CALL THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT AT (757) 514-4060 PRIOR TO 12:00 NOON ON FRIDAY, APRIL 16, 2021.

HOWARD C. BENTON CHAIRMAN

AGENDA SUFFOLK PLANNING COMMISSION April 20, 2021 2:00 P.M.

Call to Order A.

Invocation

Roll Call

Approval of minutes from previous meeting

Public Hearings: A.

REZONING REQUEST, RZN2021-004, (Conditional), Hampton Roads Crossing, Park 216 Apartments, Phase 3 submitted by John H. Peterson, III, Terry / Peterson Residential Thirty, LLC and Terry Peterson Investment Thirty, LLC, applicant and property owner, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 1000 and 1010 University Boulevard, Zoning Map 13G, Parcels 2 and 2*3. The purpose of this request is to amend the previously accepted proffers pertaining to the development of Hampton Roads Crossing Mixed Use Development (RZ01-06 (as amended) (Conditional)). The affected area is further identified as being located in the Nansemond Voting Borough, zoned MUD, Mixed Use Development zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Mixed Use Core Use District.

CONDITIONAL USE PERMIT REQUEST, CUP2021-002, Suffolk News Herald Mixed Use - Multi-Family Apartments: submitted by Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Mixed Use – Dwelling, MultiFamily Apartment Building on property located at 130 S. Saratoga Street, Zoning Map 34G18(2), Parcel 5. The affected area is further identified as being located in the Suffolk Voting Borough, zoned CBD, Central Business District zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District.

CONDITIONAL USE PERMIT REQUEST, CUP2021-003, Whitney I / II Solar Facility: submitted by Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners, in accordance with Sections 31-306 and 31Page 1

406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a solar energy facility, on property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road, Zoning Map 64, Parcel 58B. The affected area is further identified as being located in the Whaleyville Voting Borough, zoned A, Agriculture zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agricultural Use District. D.

CONDITIONAL USE PERMIT REQUEST, CUP2021-005, Borrego – Hosier Road Solar Facility: submitted by Alexander Deuson, P.E., Hosier Road Solar 1, LLC, c/o Borrego Solar Systems, Inc., applicants, on behalf of Patrick Fancy, Fancy Corporation, property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Solar Energy Facility on property located on the west side of Hosier Road, Zoning Map 44, Parcel 125. The affected area is further identified as being located in the Cypress Voting Borough, zoned M-2, Heavy Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Rural Agricultural Use District.

Old Business

New Business A.

Status Report – City Council Meeting, March 17, 2021

Status Report - Preliminary Plats Approved - None

Commissioner’s Comments

Adjournment

Page 2

MINUTES SUFFOLK PLANNING COMMISSION March 16, 2021 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, March 16, 2021, at 2:00 p.m., in the Council Chambers of the Municipal Building, 442 W. Washington Street, Suffolk, Virginia, with the following persons present: MEMBERS:

STAFF:

Howard Benton, Chairman Arthur Singleton Oliver Creekmore John Rector Kittrell Eberwine Anita Hicks Mills Staylor Johnnie Edwards

William Hutchings, Jr., Interim City Attorney David Hainley, Dir. of Planning & Com. Dev. Bob Goumas, Assistant Director of Planning Kevin Wyne, Current Planning Manager Alexis Baker, Principal Planner

The meeting was called to order by Chairman Benton and Commissioner Singleton opened with a prayer. The roll was called by Mr. Hainley and the Chairman was informed that a quorum was present. APPROVAL OF MINUTES: The minutes of the previous meeting were approved as written. PUBLIC HEARINGS: REZONING REQUEST, RZN2020-009, (Conditional) Port Logistics Center - Lot 39: submitted by John Knott, Monroe Lot 8 Owner, LLC, applicant and property 1

owner, in accordance with Section 31-304 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from M-1, Light Industrial zoning district, to B-2, General Commercial zoning district, for property located at the intersection of Holland Road and Enterprise Drive, Zoning Map 32B, Parcel 3*39. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned M-1, Light Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. The first item of business was introduced by the Chairman followed by a staff report by Alexis Baker, Principal Planner. Ms. Baker stated that this is a conditional rezoning request to change the zoning from M-1, Light Industrial zoning district, to B-2, General Commercial zoning district. The purpose for this rezoning request is to allow for uses not permitted under the M-1 zoning district, such as commercial like restaurants with a drive-through and a convenience store with gasoline sales. It was noted that specific uses and the conceptual site plan are not proffered. The applicant; however, has voluntarily proffered to exclude certain uses that are allowed within the proposed B-2, General Commercial zoning district. The applicant has voluntarily proffered to exclude residential uses, bed and breakfasts, campgrounds, camps, cemeteries, child day camps, natural area preserves, places of worship, zoos, animal dealers, kennels, adult use retail businesses, flea markets, pawn shops, tattoo parlors, thrift stores, nurseries, satellite dish antennas for private residential use, towers, and wind energy facilities. The rezoning request from the M-1 zoning district to the B-2

zoning district ensures that less intense uses, as recommended by the 2035 Comprehensive Plan, are located in the Suburban Use District. While the applicant has proffered to exclude residential uses from the rezoning request, which eliminates concerns regarding student generation rates and traffic impacts to Holland Road. The estimated 5.2-acre development site, subject to this rezoning request, would be required to comply with parking requirements and additional setback and landscaping requirements due to its location in the SCOD. A 12” water main stub and 8” sanitary sewer stub will be installed to serve this site as part of the Enterprise Drive Road A plans. Based on the information provided, the Department of Public Utilities had no objections to this rezoning request. The approved Stormwater Master Plan shows Lot 39 within a drainage area with a retention pond BMP on property located northwest of the subject property. The Department of Public Works had no comments or concerns regarding this rezoning request. Traffic Engineering stated that they are not opposed to the proposed rezoning; however, direct access to the site from Holland Road will not be approved in this location due to safety concerns and potential operational impacts caused by the following: 1) the location of the proposed entrance within the future merge area from three to two westbound lanes following completion of the Holland Road Widening project (currently under construction), 2) future signalization of the Holland Road/Enterprise Drive intersection immediately east of the site (approved) and 3

3) future emergency signalization of the parcel immediately west of the site as this parcel has been identified for future development of a fire station. Based on the knowledge of these upcoming improvements, Traffic Engineering must protect the functional capacity of Holland Road as a principal arterial roadway and minimize the potential for crashes in this section by prohibiting turning movements into and out of Holland Road in this section. Again, the conceptual site plan is not proffered. If this rezoning request is approved, access concerns will need to be properly addressed prior to site plan approval. Finally, schools will not be affected by this rezoning request as the applicant has voluntarily proffered to exclude residential uses from the subject area. Based on this review, staff found that this conditional rezoning request is consistent with the principles of the 2035 Comprehensive Plan and the UDO. In addition, adequate public facilities have been addressed with this proposed rezoning and staff recommended approval of this conditional rezoning application with the submitted proffered conditions in the staff report. The public hearing was opened and speaking in favor of this application was John Knott, Monroe Lot 8 Owner, LLC, 3843 West Chester Pike, Newton Square, PA. He asked for the Commission’s approval of this application. There being no speakers in opposition, the public hearing was closed.

Commissioner Singleton made a motion to approve this application with the proffered conditions, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. REZONING REQUEST, RZN2021-003, (Conditional), 115 C Street - The Meadows at Moore’s Pointe: submitted by Whitney Saunders, Saunders and Ojeda, P.C, Agent, on behalf of Bob Arnette, Moore’s Pointe, LLC, applicant, on behalf of Wesley and Louise Johnson, property owners, in accordance with Sections 31-304 and 31-305 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning district, for property located at 115 C Street, Zoning Map 36A, Parcels 202 and 202B. The affected area is further identified as being located in the Cypress Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner-Ring Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Julie Swann, Planner I. Ms. Swann stated that the applicant requested a change in zoning from the current B-2, General Commercial zoning district, to RU, Residential Urban zoning district for two (2) parcels of land. The purpose of this rezoning is to construct a stormwater retention facility to serve “The Meadows at Moore’s Pointe” townhome development at 118 C Street. The applicant voluntarily proffered that the subject property would be used solely for stormwater management purposes. According to the applicant, the subject property would be more appropriately zoned as a

residential district for the purpose of stormwater management to serve the adjacent townhome development. Since the property would only be used for stormwater management, this rezoning request will have no impact to school facilities. The design 5

of the stormwater retention facility will be assessed in detail during the site plan review process. After review, staff found that the proposed rezoning from the B-2 zoning district to the RU zoning district aligns with the goals and objectives established within the Comprehensive Plan and the UDO. The proposed zoning is consistent with the surrounding land use patterns. Accordingly, staff recommended approval of this application with the proffers in the staff report. The public hearing was opened and speaking in favor of this application was Whitt Harper, Saunders & Ojeda.

He asked for the Commission’s approval of this

application. There being no speakers in opposition, the public hearing was closed. Commissioner Rector made a motion to approve this application with the conditions, seconded by Commissioner Eberwine and passed by a recorded vote of 8 to 0. REZONING REQUEST, RZN2021-005, Parker Enterprises Residential: submitted by Scott Acey, MSA, agent, on behalf of Calvin Cole, Crystal Sea, LLC, applicant, on behalf of Bailey Parker, III, Parker Enterprises, property owner, in accordance with Section 31-304 of the Unified Development Ordinance, to rezone and amend the official zoning map of the City of Suffolk to change the zoning from B-1, Neighborhood Commercial zoning district, to RLM, Residential Low-Medium Density zoning district, for property located on the south side of Sleepy Hole Road, Zoning Map 19A, Parcel 63A. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned B-1, Neighborhood Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District.

The next item of business was introduced by the Chairman followed by a staff report by Julie Swann, Planner I. Ms. Swann stated that the applicant requested to rezone the subject property from B-1 to RLM to create up to 3 lots. According to the applicant, they have been unable to sell the property as a commercial space under B-1 due to a lack of traffic and visibility. They believe the subject property would be more appropriately zoned as a residential district. One single-family dwelling on each lot to total three dwellings. The resulting lots would be required to meet lot dimensional and development standards in the RLM zoning district and be reviewed during development plan review. The request to rezone the subject property would have minimal impacts to school facilities. In total, the potential three dwellings would generate one elementary school student, zero middle school students and zero high school students. After review, staff found that the proposed rezoning from the B-1 zoning district to the RLM zoning district aligns with the goals and objectives established within the Comprehensive Plan and the UDO. The proposed zoning is consistent with surrounding land use patterns. Accordingly, staff recommended approval of this application. The public hearing was opened and speaking in favor of this application was Calvin Cole, Crystal Sea, LLC.

Speaking in opposition was Tonya Viola, 4669 Sleepy Hole Road, Suffolk, VA. She advised that she owns a construction company that has been in business at this location for 22 years – her company will be located next to the proposed development and she believes it could cause a huge problem with the noise for the residents that will live next door. There being no more speakers, the public hearing was closed. After discussion by the Commission, Commissioner Singleton made a motion to approve this application, seconded by Commissioner Eberwine and failed by a recorded vote of 3 to 5. CONDITIONAL USE PERMIT REQUEST, CUP2020-027, 4372 Driver Lane, Accessory Dwelling Unit: submitted by Felicia Moody Jones, 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 Accessory Dwelling Unit, Detached, on property located at 4372 Driver Lane, Zoning Map 19, Parcel 37C. The affected area is further identified as being located in the Sleepy Hole Voting Borough, zoned RLM, Residential Low-Medium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner I. Ms. Colyer advised that the applicant proposed to construct a 504 square-foot detached accessory dwelling unit on the subject parcel for the purpose of a mother-in-law suite to allow privacy for the mother while still being able to look after her. The existing principal dwelling is approximately 2,883 square 8

feet, and the proposed square footage of the detached accessory dwelling unit is 504 square feet, which meets the required size limitations as outlined in the supplemental standards of the UDO. The applicants are aware that the occupancy of the detached accessory dwelling unit shall not exceed a maximum of two persons. The accessory dwelling unit is proposed to be utilized by one person, which meets the requirements of the person to gross floor area ratio. In addition to the two (2) parking spaces required for the residential use, the proposed use will require one (1) additional off-street parking space. The property has a driveway that is capable of holding up to four vehicles; therefore, there is adequate parking for the residential use and the proposed use. The proposed placement of the detached accessory dwelling unit meets all of the required setbacks for the RLM zoning district. Staff found that the proposed use meets the criteria for a Conditional Use Permit as set forth in in the UDO, and that the use would not negatively impact the surrounding area. Accordingly, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Joyce Wright on behalf of Felicia Moody Jones. There being no speakers in opposition, the public hearing was closed. Commissioner Eberwine made a motion to approve this application with the conditions, seconded by Commissioner Hicks and passed by a recorded vote of 8 to 0. 9

CONDITIONAL USE PERMIT REQUEST, CUP2021-004, Stratford Solar Facility: submitted by Jay Linke, Birch Creek Development, LLC agent and applicant, on behalf of William B. and Barbara J. Hunter, property owners, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, in order to amend the previously approved conditions pertaining to the establishment of a solar facility, on property located on the west side of White Marsh Road, Zoning Map 45, Parcels 11, 11*1, and 13. The purpose of this request is to decrease the footprint of the proposed use by an area greater than five percent pertaining to the development of the Stratford Solar Facility in accordance with Conditional Use Permit, C12-17. The affected area is further identified as being located in the Cypress Voting Borough, zoned A, Agricultural zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Rural Agricultural Use District. The next item of business was introduced by the Chairman followed by a staff report by Kevin Wyne, Current Planning Manager. Mr. Wyne stated that this request is to amend the previously approved conditions pertaining to the establishment of a solar facility for a collection of parcels on the west side of White Marsh Road. The applicant requested an amendment to conditional use permit C12-17, approved in August 2018, which permitted the property to be utilized for the construction of a 15 megawatt solar energy facility. The property consists of three parcels, all with direct access from White Marsh Road - combined, the three parcels consist of approximately 154 acres. As previously approved, the facility would require a footprint of approximately 113 acres with the balance of the parcel remaining undisturbed. As proposed through this amendment request, the overall footprint has been reduced to 99 acres, representing a reduction of approximately 12%. In accordance with the UDO, shifts in on-site location and changes in size, or intensity, of less than five percent, or a 10

five-percent or less increase or decrease in either lot coverage or floor area over what was originally approved, may be authorized by the Director of Planning and Community Development. Although the footprint will be decreasing by approximately 12 percent, this exceeds the maximum deviation of 5 percent permitted to be considered administratively through approval by the Director, as such, the applicant is applying for a major amendment. As previously approved, the project will still consist of ground mounted solar arrays that will utilize photovoltaic solar modules. Depending on final system design the panel racking system may rotate on a single axis tracking system that will align with the position of the sun or remain fixed. Inverter stations will be placed on concrete pads throughout the site as well. The proposal calls for arrays that will be a maximum of 15 feet in height. Plans also call for a seven-foot-tall chain link fence and a 15-foot-wide vegetated buffer around the property’s entire perimeter. One point of ingress/egress is proposed on White Marsh Road. The applicant will be required to observe a 50’ setback between the use and all property lines and a 15’ landscaped buffer between the solar energy facility and adjacent uses through the installation of screening and landscaping in accordance with the UDO. It was noted that on the master site plan, a 75’ setback is shown between the use and existing property lines. The project proposed to establish a new point of ingress/egress to the site on its frontage at White Marsh Road. The amendment request shifts the location of 11

this entrance by approximately 150’. This entrance for the solar energy facility has been reviewed by the City’s Department of Public Works, Traffic Engineering Division who expressed no concerns regarding ingress/egress. Traffic Engineering determined that acceptable levels of service will be maintained throughout the local street network through the construction phase of the proposed solar farm with minimal traffic generated by the project once under normal operation. No improvements to the existing network will be required as a result of this proposal. In summary, the development of a solar energy facility on the site as modified should have minimal impacts on the surrounding area. The project will have to comply with the development standards of the UDO, including the supplemental use regulations for solar energy facilities. Therefore, staff recommended approval of this application with the conditions noted in the staff report. The public hearing was opened and speaking in favor of this application was Forrest Coldren, Project Manager, Pine Gate Renewables. There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Rector made a motion to approve this application with the conditions, seconded by Commissioner Creekmore and passed by a recorded vote of 8 to 0. EXCEPTION REQUEST, CEX2021-001, 2703 River Watch Drive: submitted by 12

Antron Boone, Precision Building, LLC, applicant, on behalf of Gary and Barbara Allemand, property owners, in accordance with Section 31-415 of the Unified Development Ordinance, to grant an Exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area to permit a fence to encroach into the 100-foot Resource Protection Area buffer, on property located at 2703 River Watch Drive, Zoning Map 26F, Parcel RB*71. The affected area is further identified as being located in the Chuckatuck Voting Borough, zoned PD, Planned Development Overlay zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. The next item of business was introduced by the Chairman followed by a staff report by Brittany Colyer, Planner I. Ms. Colyer stated that the applicant requested an exception from the regulations of the Chesapeake Bay Preservation Area Overlay District to encroach into the 100-foot Resource Protection Area Buffer for the construction of a black aluminum fence 54 inches in height. The proposed fencing will extend a total of 210 linear feet and encroach approximately 27 feet within the 50-foot landward portion of the 100 foot RPA buffer. The applicant proposed to install the black aluminum fence to enclose the rear yard. The applicant stated that no portion of the buffer inside or outside of the proposed fencing will be cleared. The proposed aluminum fence would not interrupt any surface flow; however, the installation of fencing to enclose a rear yard gives the appearance that the area within the fence can be cleared for a grass yard. The installation of the fencing within the 100-Foot RPA buffer gives the perception that the area within the fence is able to be cleared, thereby resulting in clearance of the buffer. Similar requests have consistently been denied, 13

one being a previous exception request that was applied for in 2020 for the installation of a fence within the 100-ft RPA buffer within the same subdivision.

Staff

recommended denial for this application and the application was denied by Planning Commission as well. The subject lot was created in 2013 and the residential structure on the property was constructed in 2018 after the adoption of the Chesapeake Bay Preservation Area regulations. Staff does believe that this request is based upon conditions that are self-imposed. As policy, fences are structures that do not represent an exempt or permissible encroachment, specifically, they are not water dependent structures. As such, careful consideration should be given to encroachment requests to ensure that the purpose and intent of the Chesapeake Bay Preservation Area is being adhered to. In this case, the applicant states the need arises from needing “to be in this area in order to be cohesive to neighboring fences”, and that it “gives the customer an actual backyard for pets”. Staff found that the applicant’s request does not satisfy the criteria as outlined in the UDO to grant an exception to the requirements of the Chesapeake Bay Preservation Area Overlay District. The applicants request for the encroachment of a fence within the 100-foot Resource Protection Area Buffer is inconsistent with the intent and purpose of the Chesapeake Bay Overlay. Therefore, staff recommended denial of this application.

The public hearing was opened and speaking in favor of this application was Gary Allemand, 2703 River Watch Drive, Suffolk, VA – he stated that the purpose of the fence is for his grandchildren. Also, speaking in favor of this application was John Harrison, River Bluff Architectural Committee. He advised that they are in support of this request. There being no speakers in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Rector made a motion to table this application for sixty (60) days in order for the applicant to clarify the reason for seeking the relief, seconded by Commissioner Singleton and passed by a recorded vote of 6 to 2. STATUS REPORT: Mr. Hainley reported on the results of the February 17th City Council meeting. ADJOURNMENT: There being no further business, the meeting was adjourned.

PLANNING COMMISSION MEETING March 16, 2021

Benton, Howard C.

PRESENT X

ABSENT

MT: Singleton

MT: Rector

MT: Singleton

MT: Eberwine

2ND: Hicks

2ND: Eberwine

2ND: Hicks

TO: Approve w/proffered conditions

TO: Approve w/proffers

TO: Approve

TO: Approve w/conditions

VOTE: 8-0

VOTE: 3-5

VOTE: 8-0

RZN2020-009

RZN2021-003

RZN2021-005

CUP2020-027

YES

Creekmore, Oliver

Eberwine, Kittrell

Edwards, Johnnie

Hicks, Anita

Rector, John

Singleton, Arthur

Staylor, Mills

X X

PLANNING COMMISSION MEETING March 16, 2021

Benton, Howard C.

PRESENT X

ABSENT

MT: Rector

MT:

2ND: Creekmore

2ND: Singleton

2ND:

TO: Approve w/conditions

TO: Table for sixty (60) days

TO:

VOTE: 8-0

VOTE: 6-2

VOTE:

CUP2021-004

CEX2021-001

YES

Creekmore, Oliver

Eberwine, Kittrell

Edwards, Johnnie

Hicks, Anita

Rector, John

Singleton, Arthur

Staylor, Mills

YES

STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2021-004 (conditional), Hampton Roads Crossing, Park 216 Apartments, Phase 3, to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 1000 and 1010 University Boulevard, Zoning Map 13G, Parcels 2 and 2*3. APPLICANT: John H. Peterson, III, Terry / Peterson Residential Thirty, LLC and Terry Peterson Investment Thirty, LLC, applicant and property owner. LOCATION: The subject property is located at 1000 and 1010 University Boulevard, and is further identified as Zoning Map 20, Zoning Map 13G, Parcels 2 and 2*3. PRESENT ZONING: MUD, Mixed Use Development Overlay District. EXISTING LAND USE: The subject property is currently vacant. PROPOSED LAND USE: The proposed use is for 104 age-restricted apartments within the Hampton Roads Crossing mixed-use development. SURROUNDING LAND USES: North – Grocery store and condominiums (zoned Mixed Use Development Overlay District, MUD) South – Multi-family (zoned Mixed Use Development Overlay District, MUD) East – University research center (zoned Mixed Use Development Overlay District, MUD) West – Multi-family (zoned General Commercial zoning district, B-2) COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within 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 0131E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. CASE HISTORY: A conditional rezoning for the overall Hampton Roads Crossing mixed use development was approved in 2006. This rezoning included 600 residential units and areas for office and retail. At that time, the subject parcels, 13G*2 and 13G*2*3, were intended to be part of a Corporate Campus.

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 2 of 7

In 2012, a second conditional rezoning application was approved to allow an increase in the permitted number of residential units from 600 to 1,000; however, the approved proffers stipulated that construction of the additional 400 dwelling units would be deferred until there was adequate capacity at the middle school level and a new high school was constructed. Adequate capacity was found to be available at the elementary school level during this time. The Corporate Campus also became an extension of the Mixed-Use District. Subsequently, in 2014, a conditional rezoning was approved for the purpose of amending the proffer that related to deferring the construction of the additional 400 dwelling units until capacity was available at the middle and high school levels. The approved amended proffer, proffer #11, committed the developer to making a total cash contribution of $1,504,209.00 to assist in the construction of a middle school and high school in the Hampton Roads Crossing school zone to serve the additional 400 dwelling units, located on 13*C*1A, 13G*C, 13G*2, and 13G*R. The approved cash contribution was to be paid to the City on a pro rata basis, which equated to $3,760.52 per dwelling unit, prior to the certificate of occupancy for each dwelling unit. Adequate capacity remained available at the elementary school level in 2014; thus, proffers towards advancement were unnecessary at the elementary school level. In 2018, a conditional rezoning was approved for the purpose of amending the previously approved proffers. Proffer #14 was added, excluding the remaining 266 apartment units, to be construction on 13G*2 and 13G*2*1, from Proffer #11. Instead, a total payment of $134,381.88 was made, dedicated to the construction of the middle school and high school in the Hampton Roads Crossing school zone. These payments were made on a pro rata basis in the amount of $305.95 per dwelling unit for middle school capacity advancement and $199.25 per dwelling unit for high school capacity advancement. In January 2018 and December 2019, site plans were approved for the remaining 266 apartment units. In November 2020, the last certificate of occupancy was approved. PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. A notice, containing a copy of the staff report, was also provided to the applicant on April 16, 2021.

STAFF ANALYSIS ISSUE: The Hampton Roads Crossing mixed-use development was approved for 1,000 residential units with areas for retail and office use. By 2020, all 1,000 proffered residential dwelling units were constructed. The subject property is the last remaining parcel in the MUD and was originally set aside for commercial use. According to the applicant, attempts have been made to market this property for retail use for several years. Despite the prime location of the subject area near College Drive, with close proximity to the Kroger Marketplace grocery store anchor and several restaurants and retail stores, the applicant has been unsuccessful, particularly due to recent pressure on the

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 3 of 7

retail market. Additionally, the applicant has found that the office market has changed, making this boutique location not marketable for office tenants. Finally, the site is too small with several easements making hospitality uses, including hotels and motels, unfeasible. While Hampton Roads Crossing offers residential options, ranging from single-family detached homes to high-end rental apartments, the applicant states that residential opportunities for people age 55 and over are missing from the development. Furthermore, there is significant demand for luxury apartments marketed for the older adult population. To meet this demand, the applicant is proposing a 104-unit luxury rental apartment community, restricted to tenants over 55 years old with no children under 18 years of age living with them. The community will consist of two separate buildings on either side of Beringer Road. Private amenities will be provided for residents, which may include meeting rooms, package delivery room, and common areas inside and outside of the building structure. Residents of the proposed Park 216, Phase 3 may also use amenities, such as the clubhouse, pool, and other outdoor areas, built for Park 216, Phase 1 residents. To allow for the additional 104 age-restricted apartments, a conditional rezoning request must be approved, increasing the proffered residential units from 1,000 to 1,104 dwelling units. 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. The applicant’s narrative states that this is the last remaining parcel in the Hampton Roads Crossing mixed-use development and was originally set aside for commercial use. According to the applicant, attempts have been made to market this property for retail, office, and hospitality uses for several years. These attempt have been unsuccessful. However, the applicant states there is a significant demand for age-restricted apartments. The purpose of this rezoning request is to amend the existing proffers for Hampton Roads Crossing to allow for an additional 104 age-restricted apartment units on Zoning Map 13G, Parcels 2 and 2*3. 1.

Comprehensive Plan The subject property is located within the Northern Growth Area, Mixed Use Core use district in the 2035 Comprehensive Plan. The purpose of the growth areas is to concentrate development in these areas to reduce sprawl pressures for the rest of the City and provide for more efficient and effective delivery of City services. The Mixed Use Core use district allows for multi-family units at 25-40 dwelling units per acre. The subject property is comprised of Zoning Map 13G, Parcels 2 and 2*3, totaling approximately nine (9) acres, with 104 proposed age-restricted apartments, a density of approximately 11 units per acre. 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 policies:

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 4 of 7

Policy 2-1: Keep development focused in designated Growth Areas of the City. The proposed 104 age-restricted dwelling units will be located in the Northern Growth Area. Policy 2-2: Assure that development occurs in a predictable and orderly manners. The rezoning request is located in the Northern Growth Area, Mixed Use Core use district, within an existing Mixed Use Development Overlay District. Multi-family apartments are located to the south and west of the subject property. A grocery store and other amenities are located to the north, serving the existing dwelling units within the Hampton Roads Crossing development. Policy 2-3: Promote a balance of resident and non-residential land uses. This rezoning request promotes such action strategies as achieving an appropriate jobs-tohousing ratio and promoting efforts to facilitate the retention and expansion of office, research, and development and manufacturing activity in Suffolk. Multi-family dwelling units within the vicinity of retail and office uses promote the retention of businesses by providing additional customers and clientele. Policy 2-4: Promote compatibility in land use patterns. The co-location of residential and retail within the Mixed Use Core use district provides additional customers, promoting continued vitality for existing business within Hampton Roads Crossing. Policy 4-1: Provide opportunities for residents to adopt a lifestyle that is less dependent on auto travel. The rezoning request promotes the implementation of mixed-use development where facilities, infrastructure, and markets will sustain investment. Age-restricted homes in close proximity to amenities such as grocery stores, restaurants, gas stations, and retail allows older adults and senior citizens more choice, particularly for those with disabilities, by eliminating or minimizing car dependence. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. Actions included in this policy promote a variety of housing types and opportunities for retirement housing. The 104 age-restricted housing units satisfy this goal by fulfilling the need for additional housing for senior citizens and mature adults.

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 5 of 7

Unified Development Ordinance The rezoning request aligns with the subject property’s existing zoning, outlined in Sec. 31-419, Mixed Use Development Overlay District (MUD). The purpose of the MUD is to provide for the orderly development of land while permitting flexibility in the design, construction, and processing of mixed use development of a quality which could not be achieved by traditional development under conventional zoning concepts. Furthermore, Comprehensive Plan policies such as co-locating jobs and housing, providing mixed-use centers to promote the retention and expansion of office, retail, research and development, and high technology uses, developing a balanced and diverse housing stock, and providing opportunities for residents to adopt a less car dependent lifestyle should be implemented. As part of the creation of this MUD, Design Standards were implemented. The 104 agerestricted dwelling units will be housed in two apartment buildings. These buildings will comply with architectural criteria within the Design Standards and will be complementary to the existing Phase 1 and 2 apartment buildings in material and style. The buildings will be oriented adjacent to University Boulevard to complete the urban look envisioned in the Design Standards. Additionally, landscaping will comply with both Design Standards and the UDO.

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. It is important to note that adequate public facilities must be evaluated based on existing conditions and while anticipated future conditions may factor in consideration of the request overall, such future circumstances cannot be considered when evaluating adequate public facilities. Public Water and Sanitary Sewer The Park 216 Apartments project provided City water and sewer connections to both of these parcels by means of 8” water main and 8” gravity sewer stubs, respectively. The Public Facilities Report provided by the applicant addresses both water and sewer demands for the site. Based on the information provided, this Department of Public Utilities had no objections to this Rezoning Request. Stormwater Management The proposed use will discharge to a master-planned interconnected pond system for satisfying quantity and quality criteria. The runoff from this site has been accounted for as

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 6 of 7

part of the Park 216, Phase 1 Apartments project and the roadway plans for University Boulevard. As long as the proposed impervious surface for Phase 3 does not exceed allotted impervious surface areas, no stormwater improvements are required. Drainage, and roadway plans have been submitted as part of previous phases for Hampton Roads Crossing. The Department of Public Works had no additional comments or concerns. Transportation A memo was provided by the applicant as an update to the Traffic Impact Assessment, prepared in September 2011. The 104 age-restricted apartments replace two hotels with 460 total rooms assigned to this area in the 2011 Master Plan. Trip generation for the proposed 104 age-restricted dwelling units were calculated along with the existing 266 multi-family dwelling units. Together, these multi-family dwelling units will generate 1,483 less average daily trips than the two proposed hotels, with a decrease by 75 trips for total AM peak hour traffic and 108 trips for PM peak hour traffic. Schools The applicant has proffered to restrict the 104 rental apartments to tenants 55-years and older with no children under 18 years of age living at the residence. This rezoning request will not generate school aged children. Schools should not be affected by this rezoning request. 4.

Proffered Conditions The conditional rezoning request would amend the most recent approved proffered conditions for Hampton Roads Crossing (RZN2018-008, Ordinance Number 18-0-113). In particular, this rezoning request proposes updates to Proffers #7, #10, #11, and #14 and adds Proffer #15 as follows: • • •

Proffers #7, #11, and #14 clarify that schools proffers do not apply to the 104 dwelling units. Proffer #10 amends the number of constructed residential units from 1,000 to 1,104. Proffer #15 is added to restrict the leasing of the 104 rental apartments to tenants 55-years and older with no children under 18 years of age living at the residence.

RECOMMENDATION Based on this review, staff finds that this conditional rezoning request is consistent with the principles of the 2035 Comprehensive Plan and the Unified Development Ordinance. In addition, adequate public facilities have been addressed with this proposed rezoning and staff recommends approval of this conditional rezoning application with the submitted proffered conditions.

Planning Commission April 20, 2021 RZN2021-004 (Conditional) Page 7 of 7

Attachments • • • • • • • • •

General Location Map Zoning/Land Use Map Application Narrative Conceptual Master Plan Proposed Ordinance Exhibit A - Planning Commission Recommendation Exhibit B - Rezoning Proffers Exhibit C – Property Map Exhibit D – Rezoning Exhibit/Survey

GENERAL LOCATION MAP RZN2021-004

_ ^ Subject Property

Northern Growth Area

SUBJECT PROPERTY MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL

Esri, HERE, Garmin, (c) OpenStreetMapVILLAGE contributors, and the GIS user community User Name: Awood Date: 02/04/2021

0.5

3 Miles

ZONING / LAND USE MAP RZN2021-004 CT VE CO LA KE

AC H BE

PA SS

E LA

R CI

ING

DS T

ST AP PL E

TO NS T

CU SH ING MO RE ST LA ND ST

HU MP

HR EY

K BLVD

RLM

WH ITE WO O

PRICES FO R

AR R

PRITCHARD

B ARC LAY PL

SANTORO P

PT ON RO AD SP

RD C OV E

E CH

13G*2 BERINGER RD

Subject Property

B-2

I-664 RAM P

BU RB

RE S HAM

ERSITY B LV D UNIV 13G*2*3

TR CE ST ON EY

NTO N

MUD

RLM

MAGNOLIA

CL AU RE N RIDG DR E AVE

OR CH A

COLLEGE D R OLD COLLEG

BRADFORD DR

ON DR

OOD

B-2

E DR

D DR BROOKWOO

CA ME LLIA

HARDY CT

MAP L

B OY

CT TE RS HUN

D OL

NP W TO

A RB BU

O-I

B-2 NT OI

GRAY TON S

RN WESTE

FWY

BRIDGE RD

LYNN DR

O-I User Name: Awood Date: 02/08/2021

650

325

650

1,300

1,950 Feet

Narrative – HRC Rezoning 2021 Introduction and Demand Analysis As the first project to be zoned under the MUD Ordinance in 2006, Hampton Roads Crossing has been developed into a thriving community of different property types. Through thoughtful planning and execution, the community offers multiple residential options, ranging from single‐family detached homes to luxury rental apartments, and then complements those residences with numerous retail amenities. Additionally, the MAST Center office park provides employment in immediate proximity to the residences and retail, and the soon‐to‐be‐built self storage facility will provide an additional amenity for the residences. The mix of uses at Hampton Roads Crossing has been carefully curated to balance the supply and demand for each property type. The subject property of this rezoning is the last remaining parcel in this MUD, and was originally conceived as a commercial use. Despite its significant visibility from College Drive and proximity to the Kroger anchor, attempts to market this site for retail development have been unsuccessful for several years. Recent pressures on the retail market have made this use even more challenging to achieve. Additionally, the office market is changing rapidly and permanently so there are no office tenants for this boutique location. Lastly, the site is too small and overly burdened with easements to support a hospitality use. The one use that is missing from Hampton Roads Crossing, however, is a residential opportunity for people that are aged 55 and over. There is significant demand for luxury apartments marketed and designed for this growing segment of the population. Rezoning Request Through previous rezoning’s of the entire Hampton Roads Crossing property, the maximum residential dwelling unit count had been capped at 1,000. In November 2020, the delivery of Phase II of Park 216 apartments established the last Certificate of Occupancy within that 1,000 unit maximum. To satisfy the demand for age‐restricted luxury apartments, the applicant is seeking approval to rezone the remaining parcels of Hampton Roads Crossing to allow for 104 luxury rental apartments that will be leased exclusively to residents aged 55 and older. The proposed rezoning would maintain all of the provisions of the MUD that exists currently and would only modify Voluntary Proffers 7, 10, 11, and 14 from the most recent rezoning (Ordinance Number 18‐ 0‐113). Proposed Uses The proposed use for the subject property is Park 216 Phase III, a 104‐unit luxury rental apartment community that will be restricted to tenants that are over 55 years of age and do not have children under 18 years of age living with them. The community will consist of two separate buildings on either side of Beringer Road, the private street leading to Park 216 Phase I, and will contain sufficient parking for its use. The community will have private amenities for the its residents only which may consist of meeting rooms, package delivery room, and common areas inside and outside of the building structures. These amenities would not be for use by any other residents of Park 216 Phases I and II, or any other persons that are not residents or guests. The residents of Park 216 Phase III would, however, have the full use of the amenities in Phase I, including the clubhouse, pool, and other outdoor areas. The

management of Phase III will be conducted by the same professional management company as Phases I and II. From a design perspective, the buildings will comply with the architectural standards within the Design Standards. The architecture will be complementary of Phases I and II, including materials and style. The buildings will be oriented on the site immediately adjacent to University Boulevard to complete the urban look that was envisioned in the Design Standards. Landscaping will also comply with both Design Standards and the Unified Development Ordinance for the particular use type. Support While this request is for rezoning, much of the supporting documentation typically required has been either modified or waived, as described below:   

 

      

Narrative Description: Enclosed with application. Narrative description of the proposed uses: Provided above. Statement of the reasons for seeking such amendment and why the current zoning is incorrect: While the application does not seek a change in the zoning, the reason for changing the existing Voluntary Proffers is provided above. The proffers will be modified to confirm that these new residential units will not be offering cash proffers to mitigate school impacts. As required for the 55 and over designation, the residents of this community will not produce any schoolchildren, and thus, will have no impact on the public schools. Plat/Survey: Enclosed with application. Conceptual layout: Enclosed with application. It should be re‐iterated that the conceptual layout has not been engineered and is subject to change, however, the final design shall comply with the Design Standards. Public Facilities Report: Enclosed with application. Traffic Impact Study: Memorandum only enclosed with application. Fiscal Impact Analysis: Waived. Major Water Quality Impact Assessment: Waived. Soils Report: Enclosed with application. Phase I Environmental Site Assessment: Deferred until site plan submission. Signed Proffer Statement: Enclosed with application.

38 PARKING SPACES

34 PARKING SPACES

trash

Phase 3B

Phase 3A

stair

1180 sf

670 sf

760 sf

1030 sf

1100 sf

stair

7a 760 sf

1050 sf

22 PARKING SPACES

1150 sf

750 sf

62 PARKING SPACES

760 sf

1150 sf

1100 sf

ir sta

Phase 2

1b 9a 850 sf

1100 sf

1150 sf

10b

1100 sf

675 sf

1080 sf

entry

12a 1090 sf

11a

1140 sf

10a

975 sf

stair

13a

1090 sf

14a

1140 sf

15a

750 sf

1a 1100 sf

16a

1070 sf

entry

Terry Peterson

Park 216 Phase 3 1000 University Boulevard, Suffolk VA PROJECT NO. 19045

Preliminary Site Plan 1" = 50'-0"

LEGEND

College Drive

Retail Office Education Hampton Roads Crossing Apartments Bainbridge 3200

HRC shps

HRC SHOPS

y rsit ive Un

PARK 216 Apartments

AVAILABLE OUTPARCEL

Bou ard lev

FUNCTION LAWN COMMUNITY GARDENS

PHASE 3B CLUBHOUSE

POOL

TOBACCO & VAPE

LAVISH NAIL SPA

PHASE 3A

oads

SAND VOLLEYBALL

pton R

FIRE PIT

DOMINION VIRGINIA POWER

Parkw ay

Single-Family Homes, & Townhomes

AVAIL.

Ham

Hampton Roads Crossing Apartments

HRC SELF STORAGE COMING SOON

Bainbridge 3200

Prices Fork B l

vd.

Bainbridge 3200

VMASC Pritchard Road 324

241

243

246

248

245

230

229

437

438

441

442

445

446

439

440

443

444

447

448

POOL

CLUBHOUSE 20

TOT LOT

247

18 17 16 15

252

251

250 249

256 311

255

254 309

Lee

253

Hal

259

258

t 264

307 305

306

301 304

270 261

hre

263

262

303

257

308

l Av enu

260 310

MAST ONE

312

MAST ONE

ys D

riv e

265

96 272

266 269

nS tree

314

gto

313

148

451

The THE Residences RESIDENCES AT HAMPTON ROADS CROSSING At Hampton Roads Crossing

453

Stre et

316

452

449

315

450

Arr in

318

244

233

231

Stre et

317

242

234

232

320

237

235

rela

319

Humphreys Drive

ay reew ern F West

ODU TRI-CITIES CENTER

238

322

236

321

239

ing

240

ODU TRI-CITIES

Cus h

323

97 271

302 46 87

268

299

297 300 48

298

295 293

296 294

291

427 425

289

292

428

290

426

287 285

431

288

429

286

432

430

63 283

GENERAL MIXED-USE SITE AVAILABLE

435

281

284

433

282

436

279

434

277 67

280 278

275 273 276 274

CONCEPTUAL MASTER PLAN NOT TO SCALE

ORDINANCE NO. AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK, TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK IN ORDER TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR PROPERTY LOCATED AT 1000 AND 1010 UNIVERSITY BOULEVARD, ZONING MAP 13G, PARCELS 2 AND 2*3, ACCOUNT NUMBERS 306001106 AND 306003856; RZN2021-004 (CONDITIONAL) WHEREAS, John H. Peterson, III, Terry / Peterson Residential Thirty, LLC and Terry Peterson Investment Thirty, LLC, applicant and property owner, has requested to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 1000 and 1010 University Boulevard, Zoning Map 13G, Parcels 2 and 2*3, which land is depicted on Exhibit “D”; and, 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 "A"; and, WHEREAS, a public hearing before City Council was duly advertised as required by law and held on the 19th day of May, 2021, at which public hearing the public was presented with the opportunity to comment on the proposed rezoning. that:

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

Exhibit “A”, “Planning Commission Recommendation”, Exhibit “B”, “Voluntary Proffer Statement”, and Exhibit “C”, “Property Map,” and Exhibit “D,” “Rezoning Exhibit”, which are attached hereto, are hereby incorporated as part of this ordinance.

Section 2.

Findings.

Council finds that the proposed rezoning is reasonable and warranted 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 the 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;

10.

the preservation of agricultural and forestal land;

11.

the conservation of properties and their values;

12.

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

13.

the expressed purpose of the City’s Unified Development Ordinance as set out in Section 31-102 of the Code of the City of Suffolk (1998), as amended, and Section 15.2-2283 of the Code of Virginia (1950), as amended (“Va. Code”).

The Suffolk City Council makes the following specific findings to the conditions of the rezoning: 1.

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 3.

Rezoning.

The conditions proffered in the attached Exhibit “B” be, and they are hereby, accepted.

The property as shown on the attached Exhibit “D” is hereby, conditionally rezoned and the official zoning map be, and it is hereby, amended to include the revised proffers.

The foregoing rezoning and amendment to the official zoning map are expressly made subject to the performance of the conditions hereby proffered and accepted and these conditions shall remain in effect until a subsequent amendment changes the zoning of the property; however, such

conditions shall continue if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance. Section 4.

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: __________________________ Erika Dawley, City Clerk

Approved as to Form: _______________________________________ Williams E. Hutchings, Jr., Interim City Attorney

EXHIBIT “A”

RESOLUTION NO. 21-04-01

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2021-004 (CONDITIONAL) TO AMEND THE PREVIOUSLY APPROVED PROFFERED CONDITIONS FOR PROPERTY LOCATED AT 1000 AND 1010 UNIVERSITY BOULEVARD, ZONING MAP 13G, PARCELS 2 AND 2*3, ACCOUNT NUMBERS 306001106 AND 306003856 WHEREAS, John H. Peterson, III, Terry / Peterson Residential Thirty, LLC and Terry Peterson Investment Thirty, LLC, applicant and property owner, has requested to rezone and amend the official zoning map of the City of Suffolk in order to amend the previously approved proffered conditions for property located at 1000 and 1010 University Boulevard, Zoning Map 13G, Parcels 2 and 2*3, and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. A.

Findings.

The Suffolk Planning Commission finds that the proposed rezoning is reasonable, and warranted due to 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 the 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;

10.

the preservation of agricultural and forestal land;

11.

the conservation of properties and their values;

12.

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

13.

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

Section 2.

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.

Recommendation to Council.

The Planning Commission recommends to City Council that the request, RZN2021-004 (Conditional), be: a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. b) Denied, and that Council not adopt the proposed Ordinance. c) Granted with the modifications set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications. READ AND PASSED: __________________________ TESTE: __________________________

EXHIBIT B VOLUNTARY PROFFER STATEMENT I hereby voluntarily proffer that the development of the property owned by me proposed for reclassification under this application shall be in strict accordance with the conditions set forth below. The following conditions (add additional sheets if necessary) are voluntarily proffered for the reclassification of property identified as Tax Map Number(s) _1_3_G_*_2_&_1_3_G_*_2_*_3 _______________ n/a Block Number 200002187 , Parcel Number(s) -------------------

SEE ATTACHED PROFFER STATEMENT.

Applicant Signature:

---+ {,,/ ---�-------------

Date:

3. 2'1, 'Z.I

Property Owner Signature:________________

Date: ---------

Property Owner Signature:________________

Date: ---------

Remit Application to: City of Suffolk Department of Planning and Community Development 442 West Washington Street• P.O. Box 1858, Suffolk, VA 23434• (757) 514-4060

RZN2021-004

EXHIBIT B

RZN2021-004

EXHIBIT B

RZN2021-004

EXHIBIT B

RZN2021-004

PROPERTY MAP RZN2021-004

PRITCHARD

PRICE S FO RK BLVD

GRESHAM LN

EXHIBIT C

UNIVE RS ITY BLVD

13G*2*3

L HO EC

13G*2

BERINGER RD

LE GE COL DR

SLUSHER RD

Subject Property

ERN WEST

User Name: Awood Date: 02/04/2021

250

125

250

500

FWY

750 Feet

Y:\905\39408-Hampton_Roads_Crossing\DWG\39408_POD-C-6-EXHIBIT.dwg | Plotted on 1/7/2021 3:41 PM | by Wayne Lewis

EXHIBIT D

MERIDIAN SOURCE IS NORTH AMERICAN DATUM OF 1983 (NAD83(2011HARN)) THIS EXHIBIT IS NOT A SUBDIVISION OF LAND. THIS EXHIBIT IS FOR THE SOLE PURPOSE OF SHOWING THE BOUNDARY OF PARCEL POD-C-6 FOR THE REZONING APPLICATION. NO TITLE BINDER WAS USED FOR THE COMPLETION OF THIS EXHIBIT. ADDITIONAL EASEMENTS EXIST ON THIS PARCEL THAT ARE OMITTED FOR CLARITY PURPOSES.

SURVEY NOTES: 1. 2. 3. 4.

CURVE TABLE

POINT OF BEGINNING

37.01'

87.31'

CHORD BEARING CHORD N72°45'28"E

36.98'

DELTA

S55°40'04"E

RADIUS LENGTH TANGENT

07°39'59"

N39°45'47"E

90.11'

CURVE

95°28'56"

73.53'

LENGTH

43.75'

95°22'46"

S88°39'45"E

BEARING

87.37'

27.51'

N02°47'20"W

LINE

653.00'

27.46'

07°46'10"

41.62'

41.66'

12°34'58"

15.00'

25.00'

45.16'

S07°55'36"E

25.00'

36.99'

90.18'

27.05' 14.85'

73.68'

N07°55'36"W N09°04'49"W

335.50'

665.00'

100'

L2 L3

SCALE 1"=50' 50'

LINE TABLE

POINT OF COMMENCEMENT

DATE: JAN 6, 2021 SHEET 1 OF 1 DRAWN BY: WAL

SCALE: AS SHOWN J.N.:39408 CHECK BY: THF

RZN2021-004

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EXHIBIT D

POINT OF BEGINNING

SCALE 1"=100' 100'

200'

SEE SHEET 2 OF 2 FOR NOTES, CURVE AND LINE TABLES

DATE: JAN 6, 2021 SHEET 1 OF 2 DRAWN BY: WAL

SCALE: AS NOTED J.N.:39408 CHECK BY: THF

RZN2021-004

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EXHIBIT D

LINE TABLE CURVE TABLE

07°39'59"

97°06'39"

S55°40'04"E

N72°45'28"E

N20°22'09"E

73.53'

37.01'

87.31'

37.48'

CHORD BEARING CHORD

28.31'

95°28'56"

16.25'

DELTA

43.75'

S02°47'20"E

RADIUS LENGTH TANGENT 42.37'

27.51'

N70°30'50"E

CURVE

87.37'

06°46'12"

12°34'58"

LENGTH

41.66'

8.14'

36.99'

BEARING 25.00'

73.68'

LINE

25.00'

653.00'

16.26'

335.50'

15.00'

136.90'

69.54'

S07°55'36"E

60.58' C4

10.72'

14.85' C5

N43°48'29"E

67.82'

S00°36'51"W

34.33'

N20°13'39"E

N82°04'24"E

L3 S09°04'49"E

60°13'09"

L4 S03°30'09"W

00°59'10"

5.36'

40.19'

65.33'

72.85'

23.51'

10.72'

N30°22'05"E

N17°58'17"E

69.31'

05°29'54"

623.00'

30°17'30"

32.70'

12.18'

61.86'

23.79'

65.35'

27.88'

45.00'

681.00'

S74°47'33"E C8

N73°54'55"E

15.00'

24.78'

S50°46'40"E

N15°13'20"E

40.12'

12.89'

65.33'

S67°11'26"E

59.76'

M70°57'19"E

S53°31'37"E

00°52'58"

S53°31'37"E

32°49'32" 05°29'54"

7.14'

05°29'54"

20.91' 32.70'

13.32'

29.92'

40.68' 65.35'

15.00'

59.79'

71.00' 681.00'

C10

623.00'

C11 C12

63.09'

S50°46'40"E

L9 L10

C13

MERIDIAN SOURCE IS NORTH AMERICAN DATUM OF 1983 (NAD83(2011HARN)) THIS EXHIBIT IS NOT A SUBDIVISION OF LAND. THIS EXHIBIT IS FOR THE SOLE PURPOSE OF SHOWING THE BOUNDARY OF PARCEL POD-C FOR THE REZONING APPLICATION. NO TITLE BINDER WAS USED FOR THE COMPLETION OF THIS EXHIBIT. ADDITIONAL EASEMENTS EXIST ON THIS PARCEL THAT ARE OMITTED FOR CLARITY PURPOSES.

SURVEY NOTES: 1. 2. 3. 4.

DATE: JAN 6, 2021 SHEET 2 OF 2 DRAWN BY: WAL

SCALE: AS NOTED J.N.:39408 CHECK BY: THF

RZN2021-004

STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2021-002 to establish a mixed use dwelling, Multi-Family Apartment Building, on property located at 130 S. Saratoga Street. APPLICANT: Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner. LOCATION: The affected property is located at 130 S. Saratoga Street, and is further identified as Zoning Map 34G18(2), Parcel 5. PRESENT ZONING: CBD, Central Business District zoning district. EXISTING LAND USE: In total, the subject property contains approximately 0.28 acres. An 11,140 square-foot office building is onsite. PROPOSED LAND USE: An adaptive reuse of an existing office building to create a multifamily and apartment building (not otherwise enumerated) with a lobby and commercial use on the first floor. SURROUNDING LAND USES: North - CBD Central Business District zoning district, parking lot, retail, mixed use/multi-family South - CBD Central Business District zoning district, parking lot East CBD Central Business District zoning district, parking lot West CBD Central Business District zoning district, office, parking lot COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Mixed Use Core Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is within the Intensely Development Area (IDA) of the Chesapeake Bay Preservation Area Overlay District. 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 April 16, 2021. CASE HISTORY: No recent case history exists for the subject property.

Planning Commission April 20, 2021 CUP2021-002 Page 2 of 6

ISSUE

STAFF ANALYSIS

The applicant is requesting a conditional use permit to establish a multi-family apartment building with lobby and commercial space on the first floor of the existing building located at 130 S. Saratoga. In total, the multi-family apartment building will contain fourteen (14) multifamily dwelling units with 434 square feet of commercial space and 434 square feet for a lobby. Eight of the dwelling units will be 584 square feet. The remaining dwelling units will range in size from 774 square feet up to 1,055 square feet. CONSIDERATIONS AND CONCLUSIONS 1.

Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a dwelling, multi-family and apartment building (not otherwise enumerated). In the CBD zoning district, mixed use dwellings are permitted by-right. By definition, to be considered a mixed use building, a dwelling must be “located above the ground floor of an institutional, civic, office, commercial or retail use (Appendix A).” While the applicant is proposing a limited amount of commercial space on the first floor of the building, a majority of the multi-family dwelling units will not be located above a civic, office, commercial or retail use. Therefore, this proposed use must be considered a multifamily or apartment building (not otherwise enumerated) and must obtain a conditional use permit.

Parking requirements outlined in Sec. 31-606 of the UDO allow for parking requirements to be met if a parking facility is within 200 feet of the property, the parking demands of the individual uses, as determined by the Administrator based upon minimum off-street parking requirements, are such that the total parking demand of all the uses at any one time is less than the total parking stalls required; and written agreement between the owners and lessees is executed for a minimum of twenty (20) years, approved by the Administrator, recorded, and a copy maintained in the project file. Should the lease expire or otherwise terminate, the use for which the off-site parking was provided shall be considered nonconforming and any and all approvals, including Conditional Use Permits, shall be subject to revocation. Continuation or expansion of the use shall be prohibited unless the use is brought into compliance with the parking regulations of this Ordinance. Approximately twenty (20) parking spaces are estimated for this use based on fourteen (14) apartments and 434 square feet of commercial space. Parking requirements may be met, through a parking agreement, by utilizing public parking facilities, located to the south and east of the subject property. The applicant indicated that a parking letter will be provided by the City as proof of adequate parking spaces available for residents.

Open space requirements for multi-family development are outlined in Sec. 31-602 of the UDO. A minimum of 200 square feet of usable common open area shall be provided for each multi-family dwelling unit to provide for the active recreational needs of the residents. The administrator may way waive up to fifty percent (50%) of the open space requirement

Planning Commission April 20, 2021 CUP2021-002 Page 3 of 6

if the development is within 1,000 feet of a public park or the development includes active recreation amenities. The proposed use would require 2,800 square feet of open space. While the administrator could reduce the open space requirements to 1,400 square feet due to the subject property’s location within 1,000 feet of a public park, the applicant was unable to fulfill the open space requirement. The applicant appealed to the Board of Zoning Appeal for a variance to this requirement. The variance was granted on April 13, 2021. 4.

The subject property is located in the Suffolk Historic Conservation Overlay District (HC District). It is currently known as the Suffolk News Herald Building and is a contributing building to the HC District. According to Sec. 31-413 of the UDO, where exterior appearance of any structure as viewed from any street or public way is involved, the Zoning Administrator shall issue no permit for erections, alteration, or improvement unless and until a Certificate of Appropriateness has been issued. The applicant has indicated that no exterior improvements are proposed for this conditional use request. Properties in the HC District must adhere to provision of the UDO and the Suffolk Historic District Design Guidelines. The Design Guidelines advocates the reuse of abandoned or underutilized buildings. While the existing building is not abandoned, the proposed adaptive reuse prevents the building from becoming blighted or vacant. Additionally, the active reuse of the building preserves the historic character of the downtown area. By proposing commercial space and a lobby towards the front of the building and retaining the exterior appearance, the applicant follows the guidelines which advocates preserving historic building facades and window openings.

The Suffolk Downtown Master Plan is a plan to revitalize Downtown Suffolk through improving downtown entertainment options, facilitating business growth, providing avenues for education, redeveloping and cleaning up underutilized properties, and improving public spaces. The Master Plan encourages opportunities to repurpose and refill existing buildings with residential projects in the downtown core. Existing buildings repurposed for residential use have helped to create additional demand for goods, services, and food in the downtown. The adaptive reuse of the subject property within the downtown core will increase pedestrian traffic and encourage new businesses in the central business district, satisfying several goals of the Suffolk Downtown Master Plan.

This building is currently served with City water and sewer via a 5/8” water meter and sanitary sewer lateral. Domestic water and fire demands, and sanitary sewer demands will be evaluated during the site plan review process. Prior to design, a Water Model will need to be obtained from this Department to determine whether adequate fire and domestic water is available for the site. In addition, a Sewer Pump Station Analysis of City PS #48 will need to be done to determine whether capacity exists in the sanitary sewer system. The Department of Public Utilities has no objections to this conditional use request.

Traffic Engineering had no comments or objections to the conditional use permit request.

Planning Commission April 20, 2021 CUP2021-002 Page 4 of 6

The Department of Public Works had no comments regarding stormwater or drainage as no exterior modifications will be made to the subject property or existing building.

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, multi-family and apartment buildings (not otherwise enumerated) are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria (31-306(c)) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a multi-family and apartment building (not otherwise enumerated) is a listed conditional use in the CBD zoning district per the City’s Unified Development Ordinance (UDO). Furthermore, the application supports the policies of the 2035 Comprehensive Plan, which include: •

Policy 2-3: Promote a balance of residential and non-residential land uses.

•

Policy 2-4: Promote compatibility in land use patterns.

•

Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. o Action 6-1K: Encourage construction of infill housing in the Mixed use and Core Support districts.

•

Policy 7-4: Preserve the City’s Historic Resources.

b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the

Planning Commission April 20, 2021 CUP2021-002 Page 5 of 6

Comprehensive Plan which encourages mixed uses and/or densities. The proposed multi-family use will be located in an existing building located at 130 S. Saratoga Street. This use shall not have any adverse impacts to the surrounding neighborhood as the property is surrounded by the CBD zoning districts. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The request for a multi-family building has been reviewed by the City’s Traffic Engineering Department who expressed no concerns regarding parking, circulation, or traffic for the proposed use and location. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. The proposed use for a multi-family building should not produce excess vibration, noise, odor, dust, smoke or gas. e) The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. Commercial and multi-family residential uses surround the property; this Conditional Use Permit request will not be injurious to the surrounding area. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The multi-family building will be located within the Mixed Use Core use district designated by the 2035 Comprehensive Plan. The recommended composition for the Mixed Use Core use district includes multi-family dwellings, regional scale retail in a vertical setting, office, hotel, mixed use, research and development, and civic buildings. Furthermore, reuse of an existing downtown building for residential use is advocated in the Downtown Master Plan as it aids in the revitalization of the downtown by generating additional demand for goods and services from increased pedestrian traffic, while preventing blight and building vacancy. The conditional use permit request also fulfills several policies of the 2035 Comprehensive Plan, most notably Action 6-1K encourages construction of infill housing in the Mixed Use and Core Support districts. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

Planning Commission April 20, 2021 CUP2021-002 Page 6 of 6

The proposed use of a multi-family building should not be a detriment or endangerment to the public. h) The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use. The public interest and welfare should not be compromised by the proposed use of this building. RECOMMENDATION It is staff’s opinion that the site in question is appropriate for the proposed use given the existing and future infrastructure for the proposed use and its location, nor will the use adversely impact the surrounding neighborhood. Therefore, staff recommends approval of Conditional Use Permit request CUP2021-002 with the following conditions. 1. This conditional use permit is granted specifically in order to establish a multi-family and apartment building (not otherwise enumerated), for property located at 130 S. Saratoga Street, Zoning Map 34G18(2), Parcel 5; as identified in Exhibit B. 2. Any exterior modification to the structure or site must be granted a Certificate of Appropriateness by the Historic Landmarks Commission. 3. A site plan application shall be reviewed and approved prior to issuance of any building permits. 4. The applicant shall provide proof adequate offsite parking is available prior to site plan approval. 5. The proposed design of the multi-family building shall be substantially similar to the layout shown on Exhibit C, Proposed Building Plans. 6. Density of the proposed development shall be limited to a maximum of fourteen (14) dwelling units and a minimum of 434 square feet of non-residential storefront area. 7. Site development and activities conducted as part of this multi-family and apartment building (not otherwise enumerated) must comply with all applicable provisions of the Unified Development Ordinance. Attachments • General Location Map • Zoning / Land Use Map • Narrative

Planning Commission April 20, 2021 CUP2021-002 Page 7 of 6

• • • •

Proposed Ordinance Exhibit A – Planning Commission Recommendation Exhibit B – Property Map Exhibit C – Proposed Building Plans

GENERAL LOCATION MAP CUP2021-002

_ ^ Subject Property

Central Growth Area

SUBJECT PROPERTY MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL

Esri, HERE, Garmin, (c) OpenStreetMapVILLAGE contributors, and the GIS user community User Name: Awood Date: 01/13/2021

1.5

0.75

1.5

4.5 Miles

AIN NM

LEE ST

34G18(2)*5

CHE RRY

ERCE S HIN GT ON

AVE

WILSON ST

B-2

FAIR G

SA RA TO

HALL

D S LN

PO PLA RA VE

ROU N

S MITH S

EW AS

KLIN ST

B-1

Subject Property

CBD

COMM

S ON

CHA RLE S ST

JACK

BAN K ST

HING TON S

SOUTH ST

W W AS

SA RA TO G

CLA Y ST

PINE S

NORTH ST

CHESTNUT ST

MA R KET

FRAN

SPRING ST

TER RAC E

ZONING / LAND USE MAP CUP2021-002

AN S T MOR G M AD ISON

AVE

YOR K

FAY ETT E ST

SON AVE

AR S T

JOH N

CED

S MA IN S T

RO LI NA

CAROLINA

AV E

User Name: Awood Date: 01/15/2021

310

155

310

620

930 Feet

Project Narrative 130 S. Saratoga CUP The Monument Companies are requesting a Conditional Use Permit for a mixed use commercial and residential development at 130 S. Saratoga St in Downtown Suffolk, VA. The proposed development is an adaptive reuse project that will renovate the existing Suffolk Harrold building into 14 apartments (16 bedrooms) and a 1 commercial space along the frontage of Saratoga St. A floor plan of the proposed renovations has been provided with the application. No exterior improvements are proposed at this time. If utility demands require upgrades to service those will be detailed during the design phase. Parking for the residents will utilize the City Parking lot adjacent to the building. The City will be providing a parking letter providing adequate spaces for the residents. Refuse service will utilize the existing dumpster behind the building. The proposed project aligns with the City’s Comprehensive Plan, based on the downtown location of the project the City Code allows for waivers of the Public Facilities Report, Traffic Impact Study, Fiscal Impact Analysis, and Major Water Quality Impact Assessment. Because of the residential aspect of the project a Phase I was completed.

kimley-horn.com

4525 Main Street, Suite 1000, Virginia Beach, Virginia 23462

757-213-8600

ORDINANCE NO. ________________ AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A MULTI-FAMILY AND APARTMENT BUILDING (NOT OTHERWISE ENUMERATED), ON PROPERTY LOCATED AT 130 S. SARATOGA STREET, ZONING MAP 34G18(2), PARCEL 5, ACCOUNT NUMBER 353157000; CUP2021-002 WHEREAS, Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner requested a conditional use permit for a multi-family and apartment building (not otherwise enumerated) in accordance with Sections 31306 and 31-406 of the Unified Development Ordinance 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 5, which land is depicted on Exhibit "B", and WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", and Exhibit “C”, “Proposed Building Plans”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2.

Findings.

Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish a multi-family and apartment building (not otherwise enumerated), that is in conformity with the standards of the Unified Development Ordinance of the City of Suffolk and that it will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, and will be no more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities with the conditions set forth below.

These findings are based upon the consideration for the existing use and character of property, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of a multi-family and apartment building (not otherwise enumerated) is by the imposition of the conditions provided herein. Section 3.

Permit Granted.

The conditional use permit for the property be, and it is hereby, approved for the property, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits a multi-family and apartment building (not otherwise enumerated), in compliance with Exhibit “C”, “Proposed Building Plans”, and Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions

1. This conditional use permit is granted specifically in order to establish a multi-family and apartment building (not otherwise enumerated), for property located at 130 S. Saratoga Street, Zoning Map 34G18(2), Parcel 5; as identified in Exhibit B. 2. Any exterior modification to the structure or site must be granted a Certificate of Appropriateness by the Historic Landmarks Commission. 3. A site plan application shall be reviewed and approved prior to issuance of any building permits. 4. The applicant shall provide proof adequate offsite parking is available prior to site plan approval. 5. The proposed design of the multi-family building shall be substantially similar to the layout shown on Exhibit C, Proposed Building Plans. 6. Density of the proposed development shall be limited to a maximum of fourteen (14) dwelling units and a minimum of 434 square feet of non-residential storefront area. 7. Site development and activities conducted as part of this multi-family and apartment building (not otherwise enumerated) must comply with all applicable provisions of the Unified Development Ordinance.

Section 4.

General Conditions.

(a)

The conditional use permit may be revoked by City Council upon failure to comply with any of the conditions contained herein, after ten days’ written notice to Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard.

(b)

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

(c)

The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner, or any party undertaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subject.

Section 5. Severability. It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6. Recordation. A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7. Effective Date. This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period.

READ AND PASSED: __________________________ TESTE: __________________________ Erika Dawley, City Clerk

Approved as to Form: _______________________________________ William E. Hutchings, Jr., Interim City Attorney

Exhibit A

RESOLUTION NO. 21-04-02

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2021-002 TO ESTABLISH A MULTI-FAMILY AND APARTMENT BUILDING (NOT OTHERWISE ENUMERATED), ON PROPERTY LOCATED AT 130 S. SARATOGA STREET, ZONING MAP 34G18(2), PARCEL 5, ACCOUNT NUMBER 353157000 WHEREAS, Chris Johnson, Monument Development Sixteen, LLC, applicant, on behalf of Steve Stewart, Suffolk Publications, LLC, property owner has requested the issuance of a conditional use permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to permit a multi-family and apartment building (not otherwise enumerated), in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1.

Findings.

The Suffolk Planning Commission finds that the proposal for a conditional use permit, as submitted or modified herein: a) Will have no more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, b) Will have more adverse effects on the health, safety or comfort of persons living or working in or driving through the neighborhood, c) Will be no more injurious to property or improvements in the neighborhood, or d) Will be more injurious to property or improvements in the neighborhood than would any other use generally permitted in the same district, taking into consideration the location, type and height of buildings or structures, the type and extent of landscaping and screening on site and whether the use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. Section 2.

Recommendation to Council.

The Planning Commission recommends to City Council that the request, CUP2021-002, be:

a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. b) Denied, and that Council not adopt the proposed Ordinance. c) Granted with the modifications set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications. READ AND ADOPTED:_________________________________ TESTE:________________________________________

CONDITIONAL USE PERMIT CUP2021-002 CONDITIONS 1. This conditional use permit is granted specifically in order to establish a multi-family and apartment building (not otherwise enumerated), for property located at 130 S. Saratoga Street, Zoning Map 34G18(2), Parcel 5; as identified in Exhibit B. 2. Any exterior modification to the structure or site must be granted a Certificate of Appropriateness by the Historic Landmarks Commission. 3. A site plan application shall be reviewed and approved prior to issuance of any building permits. 4. The applicant shall provide proof adequate offsite parking is available prior to site plan approval. 5. The proposed design of the multi-family building shall be substantially similar to the layout shown on Exhibit C, Proposed Building Plans. 6. Density of the proposed development shall be limited to a maximum of fourteen (14) dwelling units and a minimum of 434 square feet of non-residential storefront area. 7. Site development and activities conducted as part of this multi-family and apartment building (not otherwise enumerated) must comply with all applicable provisions of the Unified Development Ordinance.

EXHIBIT B WW ASH

ING

TON

SA RA TO GA

PROPERTY MAP CUP2021-002

Subject Property 34G18(2)*5

RO CA User Name: Awood Date: 01/13/2021

120 Feet

NA LI

EXHIBIT C 1

SPRINKLER

434 SF

BEDROOM

584 SF

UNIT 1 AREA

584 SF

UNIT 2 AREA

LIVING

KITCHEN

BATH

KITCHEN

LIVING

3' - 0"

BEDROOM

L 584 SF

UNIT 4 AREA

584 SF

UNIT 3 AREA

BEDROOM

KITCHEN

BEDROOM

BATH

LIVING

584 SF

UNIT 6 AREA

584 SF

UNIT 5 AREA

LIVING

BATH

LIVING

BATH

3' - 0" 3' - 0"

BEDROOM

KITCHEN

COMMON HALL

KITCHEN

BEDROOM

BATH

LIVING

584 SF

UNIT 8 AREA

584 SF

UNIT 7 AREA

LIVING

3' - 0" 3' - 0"

UNIT COMMERCIAL AREA

COMMON ENTRY

434 SF

UNIT LOBBY AREA

ELECTRICAL CLOSET

3' - 0"

BEDROOM

KITCHEN

BEDROOM

BATH

LIVING

712 SF

UNIT 10 LOWER AREA

BEDROOM

UNIT 9 LOWER AREA

KITCHEN

2'CL - 0"

2' - 0"

LIVING

# 1 2 3 4 5 6 7 8 9 LOFT 9 LOWER 10 LOFT 10 LOWER 11 12 13 13 LOFT 14 14 LOFT COMMERCIAL LOBBY

Name

KITCHEN

584 SF 584 SF 584 SF 584 SF 584 SF 584 SF 584 SF 584 SF 343 SF 712 SF 343 SF 712 SF 774 SF 796 SF 672 SF 328 SF 517 SF 398 SF 434 SF 434 SF

BATH

Area

BEDROOM

774 SF

UNIT 11 AREA

UNIT AREAS

AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA AREA

LIVING

BATH

COMMON HALL

KITCHEN

796 SF

COMMON ENTRY

BEDROOM

UNIT 12 AREA

LIVING

16'

Project number

Date

Drawn by

Date

3/16" = 1'-0"

A1.1

Checked by

Scale

12-29-2020 SAF SAF

1ST FLOOR PLAN

130 SARATOGA STREET, SUFFOLK VA

No.

FOWLER ARCHITECTURE LLC 57 BELLA BELLA DRIVE Fox Island, WA 98333 804-869-6800 www.fowlerarchitecture.com

CUP2021-002

12/29/2020 11:15:07 AM

ELECTRICAL CLOSET

PRELIMINARY 1ST FLOOR 3/16" = 1'-0"

10' - 0"

EXHIBIT C 1

PRELIMINARY 2ND FLOOR 3/16" = 1'-0"

OPEN TO BELOW

343 SF

UNIT 9 LOFT AREA BEDROOM 2

343 SF

UNIT 10 LOFT AREA BEDROOM 2

OPEN TO BELOW

BATH 2

CL 2' - 0"

HALF

517 SF

UNIT 14 AREA

LIVING

DN COMMON STAIR

KITCHEN

LIVING

672 SF

UNIT 13 AREA

HALF

KITCHEN

16'

Project number

Date

Drawn by

Date

3/16" = 1'-0"

A1.2

Checked by

Scale

12-29-2020 SAF SAF

2ND FLOOR PLAN

130 SARATOGA STREET, SUFFOLK VA

No.

FOWLER ARCHITECTURE LLC 57 BELLA BELLA DRIVE Fox Island, WA 98333 804-869-6800 www.fowlerarchitecture.com

CUP2021-002

12/29/2020 11:15:08 AM

EXHIBIT C 1

PRELIMINARY 3RD FLOOR 3/16" = 1'-0"

ROOF BELOW

BATH 2

OPEN TO BELOW

398 SF

UNIT 14 LOFT AREA

OPEN TO BELOW

328 SF

UNIT 13 LOFT AREA

OPEN TO BELOW

BATH 2

Project number

Date

Drawn by

Date

3/16" = 1'-0"

A1.3

Checked by

Scale

12-29-2020 SAF SAF

3RD FLOOR PLAN

130 SARATOGA STREET, SUFFOLK VA

No.

FOWLER ARCHITECTURE LLC 57 BELLA BELLA DRIVE Fox Island, WA 98333 804-869-6800 www.fowlerarchitecture.com

CUP2021-002

12/29/2020 11:15:08 AM

STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2021-003 in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, in order to establish a solar energy facility, on property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road. APPLICANT: Submitted by Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners. LOCATION: The subject property is located at the south-east quadrant of the intersection between Great Neck road and Lucy Cross Road, and is further identified as Zoning Map 64, Parcel 58B. PRESENT ZONING: A, Agricultural zoning district. EXISTING LAND USE: 108 acres of vacant, undeveloped land. The parcel is bisected by Lucy Cross Road, 24 acres sit to the south of Lucy Cross Road and 84 acres sit to the north. PROPOSED LAND USE: The proposed use of the subject property is an approximately 3 MWAC solar facility, which will form from two smaller projects, Whitney I (a 2 MWAC facility) and Whitney II (a 1 MWAC facility). From a land use perspective, these facilities will appear to operate as one. SURROUNDING LAND USES: North – Forested undeveloped land (A, Agricultural Zoning District) South – Residential and forested land (A, Agricultural Zoning District) East – Residential and farm land (A, Agricultural Zoning District and VC, Village Center Zoning District) West – Undeveloped forested land and railroad right-of-way (A, Agricultural Zoning District) COMPREHENSIVE PLAN: The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: The property is located outside of the City’s Chesapeake Bay Preservation Area Overlay District. FLOOD PLAIN: The property falls within Flood Zone X (areas of minimal risk), as shown on Panel 0335D of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated November 16, 2011. 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 April 16, 2021.

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CASE HISTORY: The property underwent a boundary line adjustment and minor subdivision in 2016 (MS2016-00016) in which boundary lines were adjusted between Tax Map Parcel 64*58B and 64*48, and Tax Map Parcels 65*48*1 and 65*48*2 were created. Additionally, in January 2017, MSD2016-00044 was approved, which created Tax Map Parcels 64*58B*2 and 64*58B*1 from the parent tract. STAFF ANALYSIS ISSUE The applicant is requesting a conditional use permit to allow for the construction of one (1) 2 MWAC and one (1) 1 MWAC solar energy facility, for 3 total MWAC on the south-east quadrant of the intersection of Lucy Cross and Great Fork Roads. The property consists of one parcel, which is bisected from east to west by Lucy Cross Road. The larger portion of the property is located to the north of Lucy Cross Road and consists of approximately 84 acres. This portion of the tract will not be utilized for the proposed use. The southern portion of the tract consists of approximately 24 acres and is proposed to be utilized for an approximately 15 acre unmanned solar array system. The project will consist of ground mounted solar arrays that will utilize photovoltaic solar modules. The proposed solar array will consist of a single axis tracker racking system placed on driven piles. The proposal calls for arrays that will be a maximum of 10 feet in height. Plans also call for a seven foot tall chain link fence and a 50 foot wide vegetated buffer adjacent to the existing residential lots to the west and a 25 foot landscape buffer to the north at Lucy Cross Road. Existing vegetation will be preserved at the eastern and southern property lines to meet landscaping requirements as outlined within the UDO. One point of ingress/egress is proposed on Lucy Cross Road. CONSIDERATIONS AND CONCLUSIONS 1. Section 31-406 of the Unified Development Ordinance (UDO) requires that a Conditional Use Permit be obtained for a solar energy facility within the A, Agricultural Zoning District. 2. The site will be accessed from a single entrance on Lucy Cross Road, which is classified as a local road. 3. A Traffic Impact Analysis (TIA) was waived by the Director of Planning and Community Development in coordination with the Department of Public Works –Traffic Engineering Division for this application. It was determined that acceptable levels of service should be maintained throughout construction of the proposed solar farm with minimal traffic generated by the project once under normal operation. Traffic Engineering does note that the haul route for trucks delivering materials to the site shall be from Whaleyville Boulevard (Route 13) via Great Fork Road to Lucy Cross Road only. This is a recommended condition of approval. 4. Based on information the City has received from the Virginia Department of Environmental Quality (DEQ), the solar arrays would not be considered as an impervious

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surface unless the solar array is so close to the ground that storm water cannot flow freely beneath. Ground cover would need to be established and maintained under the panels. The only impervious area associated with the solar arrays would be anything physically attached to the ground (pilings, posts, equipment, etc.) and any supporting structures or access roads. Stormwater is proposed to be treated on site utilizing stormwater Best Management Practices. Upon construction, the proposed facility will largely consist of managed turf and will only create .09 acres of impervious area. At the time of site plan submittal, calculations will need to be provided to determine that stormwater treatment will be sufficient to meet design requirements established within the Virginia Stormwater Management Program regulations. 5. The facility will be unmanned and not require water or sewer service. The Department of Public Utilities has no objections, as the development is not expected to adversely impact the location of existing or future facilities. 6. If approved, the facility would be subject to the supplemental use regulations set forth in Section 31-724 of the UDO, which set standards for the establishment and maintenance of solar energy facilities within the City. These standards will be evaluated for compliance during the site plan review process and include the following: a) The installation and design of any solar energy system or facility shall conform to applicable industry standards, including those of the American National Standards Institute (ANSI). The applicant has indicated that the project will be constructed in accordance with all applicable industry standards. This will be verified at development plan review as applicable. b) All electrical and mechanical components of any solar energy system or facility shall conform to relevant and applicable local, state, and national codes. The applicant has indicated that the project will be constructed in accordance with all applicable Federal, State and local codes. This will be verified at development plan review as applicable. c) Any on-site transmission or power lines shall be placed underground. The applicant is aware of this standard and has indicated that this standard will be met in the narrative submitted in support of their application. Compliance will be verified at the time of development plan review. d) Any proposed solar energy system or facility shall be designed and operated to prevent the direction of concentrated solar radiation or glare onto neighboring property, public roads or other areas accessible to the public. The project will utilize photovoltaic solar panels, which are designed to absorb sunlight and are treated with anti-reflective coatings. The project will consist of arrays of solar panels mounted on racking that will be pile-supported off the ground.

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Additionally, the project will maintain a minimum 25-foot vegetated buffer along the northern property line and a 50-foot vegetated buffer along the western property line. Existing vegetation will be preserved along the western and southern property lines as depicted on Exhibit C. e) A proposed solar energy facility shall be designed and operated to protect public safety, including the installation of perimeter security fencing and appropriate warning signs in compliance with all applicable sections of this ordinance. The plans call for the construction of a seven-foot tall chain fence that will be placed around the entire perimeter of the project’s footprint. f) Any solar energy facility shall be required to have a minimum 15-foot vegetated buffer a 50-foot buffer where adjacent to a residential use or zoning district in accordance with the landscaping standards of this ordinance. As stated above, the project will maintain a minimum 25-foot vegetated buffer along the northern property line at Lucy Cross Road and a 50-foot vegetated buffer along the western property line. Existing vegetation will be preserved along the western and southern property lines as depicted on Exhibit C. Additionally, the applicant must demonstrate that they can meet the design and improvement standards outlined in Section 31-603 pertaining to landscaping requirements during the site plan review process. g) Lighting of large-scale ground-mounted solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as accessory structures, shall be limited to that required for safety and operational purposes. All on-site lighting is subject to review and compliance with UDO design and improvement standards. h) A site plan detailing all proposed changes to the property, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting and screening vegetation or structures shall be provided. A site plan addressing these items will be required during the site plan review process. A concept site plan has been submitted in support of the project and addresses the location of proposed improvements. This plan is attached to this report as Exhibit C. i) A proposed solar energy facility shall not be located adjacent to or within, the control zone of any airport. This project’s footprint is located outside of an airport control zone. j) All accessory structures shall meet the setback requirements for principal structures in the applicable zoning district.

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The submitted conceptual site plan depicts site development that appears to meet or exceed all required minimum setbacks. Additionally, this section requires the submittal of a Decommissioning Plan that meets the following criteria: a) A decommissioning plan shall be provided describing the removal of the solar energy facility and final land reclamation plan to be followed after the anticipated useful life, or abandonment, or termination of the project, including evidence of proposed commitments with affected parties (city, any lessor or property owner, etc.) that ensure proper final reclamation of the property. Among other things, revegetation and road repair activities should be addressed in the plan. b) In the event that no electricity is generated for a continuous period of twenty-four (24) months, the solar energy facility owner and/or operator and/or property owner shall have three (3) months to complete decommissioning of the facility. c) Decommissioning shall include removal of all solar panels and support structures, buildings, cabling, electrical components, roads, and any other associated facilities. d) Disturbed earth shall be graded and re-seeded, unless the landowner requests in writing that the access roads or other land surface areas not be restored. e) A performance surety, in a form approved by the city attorney and in an amount approved by the director, shall be submitted by the applicant prior to the issuance of a building permit in order to insure removal of the solar energy facility when it is no longer to be used for solar generation. The applicant did provide a decommissioning plan that addresses the requirements outlined above as a part of the original approval. The submit plan sufficiently demonstrates that the provisions outlined above can be met, and will be required at the time of development plan review. A performance surety, in a form approved by the city attorney and in an amount approved by the director, shall be submitted by the applicant prior to development plan approval. 7. 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:

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a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a solar energy facility is a listed conditional use in the AAgricultural Zoning District per the City’s Unified Development Ordinance (UDO). Additionally, the applicant has provided information as a part of this request demonstrating they will meet or intend to meet the specific supplemental use regulations governing solar energy facilities as set forth in Section 31-724 of the UDO. Those standards are outlined above and compliance with these standards will be assessed during the site plan review process. b) The proposed conditional use shall conform to the character of the neighborhood within the same zoning district in which it is located. The proposal as submitted or modified shall have no more adverse effects on health, safety or comfort of persons living or working in or driving through the neighborhood, or shall be no more injurious to property or improvements in the neighborhood, than would any other use generally permitted in the same district. In making such a determination, consideration should be given to the location, type and height of buildings or structures, the type and extent of landscaping and screening on the site and whether the proposed use is consistent with any theme, action, policy or map of the Comprehensive Plan which encourages mixed uses and/or densities. The general character of the area is agricultural with sparse residential uses. The Village of Whaleyville is located less than 600 linear feet from the proposed site at is closest point. The applicant will be required to observe a 50’ setback between the use and all property lines and a 15’ or 50’ landscaped buffer between the solar energy facility and adjacent uses through the installation of screening and landscaping in accordance with Sections 31-603 and 31-724. The submitted conceptual site plan depicts a developed site that appears to meet these requirements. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The project proposes to establish a new point of ingress/egress to the site on its frontage at Lucy Cross Road which is classified as a local road. The construction of a commercial entrance of at least 50’ in depth will be required and is outlined on the conceptual site plan. As noted above, it has been determined that acceptable levels of service should be maintained throughout construction of the proposed solar farm with minimal traffic generated by the project once under normal operation. Traffic Engineering does note that the haul route for trucks delivering materials to the site shall be from Whaleyville Boulevard (Route 13) via Great Fork Road to Lucy Cross Road only. This is a recommended condition of approval. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas.

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The proposed use is not anticipated to create any noxious or offensive odor, dust, smoke or gas. These facilities utilize solar energy inverter stations, which are anticipated to generate noise and vibrations at levels reasonably expected by commercial air conditioning units. All noises generated by the use must be contained to the premises in accordance with Article 6 of the Unified Development Ordinance. e) The proposed use shall not be injurious to the use and enjoyment of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The use will require a 50’ setback from all property lines. Additionally, the use will be screened utilizing a mix of a 25’ and 50’ vegetated buffer and preservation of existing mature vegetation that will be required to meet the screening provisions of Article 6, Section 31-603 of the UDO. The purpose of this required buffer is to mitigate any impacts adjacent uses may experience as a result of glare or other visual repercussions. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The property is located in the Rural Agriculture Use District and is located in an area largely utilized for agricultural purposes. With appropriate screening techniques and the low anticipated height (10 feet) of the solar arrays, the solar energy facility should not impede the orderly development and improvement of surrounding properties. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The proposed use of a solar energy facility should not be a detriment or endangerment to the public. In accordance with Section 31-724, provisions are detailed to ensure these types of facilities operate with little to no impact on surrounding uses. h) The public interest and welfare supporting the proposed conditional use shall be sufficient to outweigh the individual interests which are adversely affected by the establishment of the proposed use. The solar energy facility should not have an adverse impact on the remaining uses in its vicinity. RECOMMENDATION The development of a solar energy facility should have minimal impacts on the surrounding area. The project will have to comply with the development standards of the Unified Development

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Ordinance (UDO), including the supplemental use regulations for solar energy facilities as stipulated in section 31-724. Additionally, the installation of landscaping will be required in accordance with Section 31-603(f) and 31-412(g) of the UDO. Therefore, staff recommends approval of Conditional Use Permit request CUP2021-003 with the following conditions. 1. This Conditional Use Permit is granted specifically in order to establish a solar energy facility, for property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road, and is further identified as Zoning Map 64, Parcel 58B. as identified in Exhibit B, “Property Map.” 2. The site plan design of the solar energy facility shall be substantially similar to the layout shown on Exhibit C, “Concept Site Plan.” 3. Site development and activities conducted as part of this solar energy facility must comply with all applicable provisions of the Unified Development Ordinance. 4. Approval shall be for a photovoltaic solar energy system. The system shall not include any reflective mechanisms or systems that require concentration of solar light or radiation. 5. The haul route for trucks delivering materials to the site shall be from Whaleyville Boulevard (Route 13) via Great Fork Road to Lucy Cross Road only. 6. The proposed entrance on Lucy Cross Road shall feature a VDOT standard commercial design with a hard-surfaced approach (concrete or asphalt) extending 50’ into the site from the public right-of-way.

Attachments  General Location Map  Zoning/Land Use Map  Applicant’s Narrative  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Property Map  Exhibit C – Concept Site Plan

Legend

GENERAL LOCATION MAP CUP2021-003

SUBJECT PROPERTY MIXED USE CORE CORE SUPPORT INNER-RING SUBURBAN SUBURBAN RURAL CONSERVATION RURAL AGRICULTURAL VILLAGE

Subject Property

_ ^ Esri, HERE, Garmin, (c) OpenStreetMap contributors, and the GIS user community User Name: Awood Date: 02/02/2021

1.5

9 Miles

ZONING / LAND USE MAP CUP2021-003 ES PR Y C

PE L CHA

W HA LE YV IL LE

BL VD

64*58B

LUCY C

ROSS

ED G EW

Subject Property

O D

64*58B

MINE RA

LIT TL E

User Name: Awood Date: 02/02/2021

LE Y

GRE AT FORK RD

LA NE

G RD L SP RIN

1,750 875

1,750

3,500

5,250 Feet

March 11, 2021 City of Suffolk Department of Planning and Community Development 442 West Washington Street, P.O. Box 1858 Suffolk, VA 23434

Attn:

David Hainley, Director of Planning & Community Development

RE:

Conditional Use Permit – Narrative Description of the Proposed Use CUP2021-00003 Project Whitney I/II, Solar Array Development Site Suffolk, VA

Dear Mr. Hainley, On behalf of Chaberton Solar Whitney LLC, Century Engineering Inc. (CEI) is submitting this project Narrative for the Conditional Use Permit submission for Project Whitney I/II. The project site is identified as Tax Map Number 64*58B and Account Number 100595000, located south of Lucy Cross Road and approximately 180 feet east of Great Fork Road (County Road 677). The site is a 24.4-acre portion of the 108.25-acre overall property, owned by Adam H Rountree and Brandon Simpson and in zone class 'A' (Agricultural District). The remaining 83.85-acre portion of the overall property will remain undisturbed for agricultural use by others. The overall property will be subdivided to allocate the project site, south of Lucy Cross Road, to the applicant, Chaberton Solar Whitney LLC. The site's current use is vacant agricultural land and is a combination of open land and forested land with three (3) existing forested wetland areas and a stream located along the eastern/southern boundary line. Section 31-406 of the Unified Development Ordinance (“UDO”) requires that a Conditional Use Permit be obtained for a solar energy facility within the A, Agricultural Zoning District. The 2035 Comprehensive Plan designates this area as part of the Rural Agriculture Use District. The general character of the area is agricultural with sparse residential use. The unincorporated town of Whaleyville is located approximately one-and-a-half miles southwest of the site, which is approximately ten miles southwest of downtown Suffolk. The site will be constructed and operated in accordance with all applicable industry standards, including those of the American National Standards Institute (“ANSI”), and all applicable Federal, State and local codes. The applicant expects to meet or exceed the setback and landscaped buffer requirements between the solar energy facility and adjacent uses through the installation of screening and landscaping in accordance with UDO Sections 31-603 and 31-724.

Page 1 of 2

The proposed development will include approximately a 15-acre, unmanned solar array surrounded by an 84-inch (7 ft) perimeter chain link fence. The site entrance will be off of Lucy Cross Road and allow access to both the solar array and a transformer/equipment pad. The proposed solar array will consist single axis tracker racking systems that will utilize photovoltaic solar panels (anti-reflective), ground mounted and supported by driven piles. The typical solar panel will not exceed ten (10) feet in height, above the ground. All proposed on-site transmission and power lines will be placed underground. The facility will not be staffed, and will not require water or sanitary sewer service. There will be two (2) solar array projects developed within the solar area; Whitney I is a 2 MW AC project and Whitney II is a 1 MWAC project. These total 3 MWAC and are being developed to comply with the Virginia Clean Economy Act, signed into law in March 2020. For site development purposes, these solar arrays will be submitted as a single development for Conditional Use Permit and Development Plan approval. Two (2) of the three (3) existing forested wetland areas and stream will remain undisturbed. One (1) wetland area of approximately 0.19 acres is located within the solar array and will require wetland forest clearing. The total forest clearing proposed is approximately 8.1 acres. A landscape buffer is proposed along the north and west portions of the site to screen the adjacent residential lots and Lucy Cross Road Right-of-Way from the proposed solar array. The landscape buffer proposed is 50 feet along the residential lots, adjacent to the west boundary line, and 25 feet along the northern boundary line, adjacent to the Lucy Cross Road Right-of-Way. The proposed landscaping will include proposed evergreen trees spaced appropriately to provide proper aesthetics to the neighboring community in accordance with the proposed regulations under consideration by the City. Stormwater management runoff reduction and site treatment volume requirements will be met via sheet flow from the solar area to a vegetated filter strip along the southern stream buffer as well as grass channels along the northern and western boundaries to treat the new impervious area from the site entrance and concrete equipment pad. A detailed Decommissioning Plan is submitted as an attachment in accordance with Section 31724(c)(1) of the Unified Development Ordinance. During construction, all materials being delivered to the site must enter from north of the site. All construction vehicles are to be routed from Whaleyville Boulevard (Route 13), travel south on Great Fork Road to Lucy Cross Road, and enter the site via the stabilized construction entrance. Construction traffic on Great Fork Road, south of Lucy Cross Road will not be permitted. If we may be of any further assistance in this matter, please contact our office. Very truly yours, CENTURY ENGINEERING, INC.

Piero “Pete” V. Mellits, PE, LEED AP Vice President, Civil Engineering cc Jennifer Anderson, PE (Century Engineering, Inc)

Narrative Description of the Proposed Use Project Whitney I/II Site, Suffolk, VA

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ORDINANCE NO. ________________

AN ORDINANCE TO GRANT A CONDITIONAL USE PERMIT TO ESTABLISH A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED ON THE SOUTH-EAST QUADRANT OF THE INTERSECTION OF GREAT NECK ROAD AND LUCY CROSS ROAD, ZONING MAP 64, PARCEL 58B; ACCOUNT NUMBER 100595000; CUP2021-003 WHEREAS, Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners, has requested a conditional use permit for a solar energy facility 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 64, Parcel 58B, and which land is depicted on Exhibit "B"; and, WHEREAS, the procedural requirements of Article 3, Section 31-306 of the Code of the City of Suffolk, Virginia, 1998 (as amended), have been followed; and, WHEREAS, in acting upon this request, the Planning Commission and City Council have considered the matters enunciated in Section 15.2-2284 of the Code of Virginia (1950), as amended, and Article 1, Section 31-102 and Article 3, Section 31-306(c)(1 through 8) of the Code of the City of Suffolk, 1998 (as amended), with respect to the purposes stated in the Code of Virginia (1950), as amended, Sections 15.2-2200 and 15.2-2283; and, WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit "A". NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, that: Section 1.

Exhibits.

Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Property Map", and Exhibit "C", "Concept Site Plan", which are attached hereto, are hereby incorporated as part of this ordinance. Section 2.

Findings.

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

forth below. These findings are based upon the consideration for the existing use and character of property, the Comprehensive Plan, the suitability of property for various uses, the trends of growth or change, the current and future requirements of the community as to land for various purposes as determined by population and economic studies and other studies, the transportation requirements of the community, the requirements for airports, housing, schools, parks, playgrounds, recreation areas and other public services, the conservation of natural resources, the preservation of flood plains, the preservation of agricultural and forestal land, the conservation of properties and their values, and the encouragement of the most appropriate use of land throughout the City. These findings are based upon a determination that the most reasonable and limited way of avoiding the adverse impacts of a solar energy facility is by the imposition of the conditions provided herein. Section 3.

Permit Granted.

The conditional use permit for the property be, and it is hereby, approved for the property, subject to the following conditions and the general conditions set forth in Section 4 hereof. The conditional use permit specifically permits a solar energy facility, in compliance with Exhibit “C” (the “Concept Site Plan”), and Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This Conditional Use Permit is granted specifically in order to establish a solar energy facility, for property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road, and is further identified as Zoning Map 64, Parcel 58B. as identified in Exhibit B, “Property Map.” 2. The site plan design of the solar energy facility shall be substantially similar to the layout shown on Exhibit C, “Concept Site Plan.” 3. Site development and activities conducted as part of this solar energy facility must comply with all applicable provisions of the Unified Development Ordinance. 4. Approval shall be for a photovoltaic solar energy system. The system shall not include any reflective mechanisms or systems that require concentration of solar light or radiation. 5. The haul route for trucks delivering materials to the site shall be from Whaleyville Boulevard (Route 13) via Great Fork Road to Lucy Cross Road only. 6. The proposed entrance on Lucy Cross Road shall feature a VDOT standard commercial design with a hard-surfaced approach (concrete or asphalt) extending 50’ into the site from the public right-of-way. Section 4. (a)

General Conditions.

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 Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners, and a hearing at which such persons shall have the opportunity to be heard. (b)

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

(c)

The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners, or any party undertaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subject.

Section 5.

Severability.

It is the intention of the City Council that the provisions, sections, paragraphs, sentences, clauses and phrases of this ordinance are severable; and if any phrase, clause, sentence, paragraph, section and provision of this ordinance hereby adopted shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, sections and provisions of this ordinance, to the extent that they can be enforced notwithstanding such determination. Section 6.

Recordation.

A certified copy of this ordinance shall be recorded, by the applicant, in the name of the property owner as grantor in the office of the Clerk of Circuit Court. Section 7.

Effective Date.

This ordinance shall be effective upon passage and shall not be published or codified. The conditional use authorized by this permit shall be implemented within two (2) years from the date of approval by the City Council and shall terminate if not initiated within that time period. READ AND PASSED: _____________________________________ TESTE:_____________________________________ Erika Dawley, City Clerk Approved as to Form: _______________________________________ William E. Hutchings, Jr. Interim City Attorney

Exhibit A RESOLUTION NO. 21-04-03 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2021-003 TO ESTABLISH A SOLAR ENERGY FACILITY ON THE SOUTH-EAST QUADRANT OF THE INTERSECTION OF GREAT FORK ROAD AND LUCY CROSS ROAD, ZONING MAP 64, PARCEL 58B; ACCOUNT NUMBER 100595000; CUP2021-003 WHEREAS, Piero Mellits, PE, Century Engineering, Inc., agent, on behalf of Michael Doniger, Vice President, Chaberton Solar Whitney, LLC, applicant, on behalf of Adam Rountree and Brandon Simpson, property owners, has requested 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 solar energy facility in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1.

Findings.

Recommendation to Council.

The Planning Commission recommends to City Council that the request, CUP2021-003, be: a) Granted as submitted, and that the City Council adopt the proposed Ordinance without modification. b) Denied, and that Council not adopt the proposed Ordinance. c) Granted with the modifications set forth on the attached listing of specific recommendations and that Council adopt the proposed Ordinance with such modifications.

READ AND ADOPTED:_________________________________ TESTE:________________________________________

CONDITIONAL USE PERMIT CUP2021-003 CONDITIONS 1. This Conditional Use Permit is granted specifically in order to establish a solar energy facility, for property located at the south-east quadrant of the intersection between Great Neck Road and Lucy Cross Road, and is further identified as Zoning Map 64, Parcel 58B. as identified in Exhibit B, “Property Map.” 2. The site plan design of the solar energy facility shall be substantially similar to the layout shown on Exhibit C, “Concept Site Plan.” 3. Site development and activities conducted as part of this solar energy facility must comply with all applicable provisions of the Unified Development Ordinance. 4. Approval shall be for a photovoltaic solar energy system. The system shall not include any reflective mechanisms or systems that require concentration of solar light or radiation. 5. The haul route for trucks delivering materials to the site shall be from Whaleyville Boulevard (Route 13) via Great Fork Road to Lucy Cross Road only. 6. The proposed entrance on Lucy Cross Road shall feature a VDOT standard commercial design with a hard-surfaced approach (concrete or asphalt) extending 50’ into the site from the public right-of-way.

PROPERTY MAP CUP2021-003

HA LE Y

VI LL E

BL VD

EXHIBIT B

64*58B

LUCY C R

OSS RD

GREAT FOR K

64*58B

Subject Property

User Name: Awood Date: 02/02/2021

700

350

700

1,400

2,100 Feet

G ED

•

D LO

••

LOD

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CURRENT OWNER: ADAM H ROUNTREE & BRANDON SIMPSON 6366 VAUGHAN AVENUE SUFFOLK, VA 23438 ATTN: ADAM ROUNDTREE / BRANDON SIMPSON EMAIL: adamhrountree@gmail.com / abhomesllc757@gmail.com ENGINEER: CENTURY ENGINEERING, INC 16901 MELFORD BLVD SUITE 129 BOWIE, MD 20715 ATTN: PIERO 'PETE' MELLITS, PE PHONE: (240) 260-3602 EMAIL: pmellits@centuryeng.com SITE AREA = 24.4 Ac.

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CUP20201-003

ST E

M E MB E R

N R TE

1-800-257-7777

THERE ARE NO HISTORIC FEATURES ON SITE.

18.

EXISTING WETLANDS AND INTERMITTENT STREAM EXIST ON-SITE.

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THE SITE IS NOT LOCATED WITHIN THE CHESAPEAKE BAY PRESERVATION AREA.

WATERSHED: CHOWAN RIVER 14.

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CODE OF ORDINANCES ARTICLE 7, SECTION 31-724 (a) DIMENSIONAL STANDARDS : REQUIRED PROVIDED MIN. LOT SIZE 5 ACRES 14.8 ACRES 55 FT MIN. SETBACK 50 FT MAX. HEIGHT 25 FT 10 FT

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NO KNOWN PREVIOUS ZONING CASES ON FILE

THE SITE DOES NOT LIE WITHIN THE 100-YEAR FLOODPLAIN, AS SHOWN ON F.I.R.M. #5101560335D, PANEL 335 OF 390, DATED NOVEMBER 16, 2011

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SOLAR AREA = 642,991 SF, 14.76 Ac. NO EXISTING ON-SITE UTILITIES

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DISTURBED AREA = 876,527 SF, 20.12 Ac.

APPLICANT: CHABERTON SOLAR WHITNEY LLC 10605 CONCORD STREET, SUITE 440 KENSINGTON, MD 20895 ATTN: MICHAEL DONIGER, VICE PRESIDENT EMAIL: mike.doniger@chaberton.com

TAX MAP NO.: 64*58B ACCOUNT NO.: 100595000

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ZONING: AGRICULTURAL DISTRICT (A) CURRENT USE: VACANT LAND (AGRICULTURAL) PROPOSED USE: SOLAR FACILITY

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SITE NOTES

LEGEND

EXHIBIT C

RESULTS OF THE CITY COUNCIL MEETING OF March 17, 2021

Approved w/conditions

Approved

A. CONDITIONAL USE PERMIT REQUEST, CUP2020-026, Constant’s North Park: to grant a Conditional Use Permit to establish a Park / Open Space (Generally), on property located at 724 N. Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32. B. ORDINANCE TEXT AMENDMENT, OTA2021-001, to amend the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, Solar Energy Facilities.