Planning Commission Agenda - March 16, 2021 by City of Suffolk, Virginia

SUFFOLK PLANNING COMMISSION AGENDA FOR MARCH 16, 2021

PREPARED BY THE CITY OF SUFFOLK DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT DAVID HAINLEY, 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, MARCH 12, 2021.

HOWARD C. BENTON CHAIRMAN

AGENDA SUFFOLK PLANNING COMMISSION March 16, 2021 2:00 P.M.

Call to Order A.

Invocation

Roll Call

Approval of minutes from previous meeting

Public Hearings: A.

REZONING REQUEST, RZN2020-009, (Conditional) Port Logistics Center - Lot 39: submitted by John Knott, Monroe Lot 8 Owner, LLC, applicant and 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 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 M1, Light Industrial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District.

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.

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 Page 1

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. D.

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 LowMedium Density zoning district. The 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban Use District.

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.

EXCEPTION REQUEST, CEX2021-001, 2703 River Watch Drive: submitted by 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.

Old Business

New Business A.

Status Report – City Council Meeting, February 17, 2021

Status Report - Preliminary Plats Approved - None

Commissioner’s Comments

Adjournment

Page 2

MINUTES SUFFOLK PLANNING COMMISSION February 16, 2021 2:00 P.M. The meeting of the Suffolk Planning Commission was held on Tuesday, February 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

Helivi Holland, City Attorney David Hainley, Dir. of Planning & Com. Dev. Bob Goumas, Assistant Director of Planning Alexis Baker, Principal Planner

The meeting was called to order by Chairman Benton and Commissioner Hicks 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: CONDITIONAL USE PERMIT REQUEST, CUP2020-026, Constant’s North Park: submitted by Mark Furlo, Director of Parks and Recreation, on behalf of the 1

City of Suffolk, applicant and property owner, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to grant a Conditional Use Permit to establish a Park / Open Space (Generally), on property located at 724 N. Main Street, Zoning Map 34A, Parcels 30, 31*31B, and 32. The affected area is further identified as being located in the Suffolk Voting Borough, zoned B-2, General Commercial zoning district. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Core Support 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 application is to establish a park/open space. The applicant proposed a two-acre park on three parcels containing 25.9 acres. The park will be accessed off of N. Main Street. The park will be developed in two phases. The first phase will include a living shoreline to replace the existing riprap that currently defines the steep armored riverbank. The bank will be backfilled with sand and/or suitable native soil and densely planted with saltwater tolerant herbaceous vegetation. The upper high marsh will also be planted with live stakes and native shrubs. Established plant roots will reduce soil loss and erosion from the Nansemond River. The riparian zone will encompass the stormwater wet swale, consisting of 245 woody species. The wet swale will be installed down gradient of the proposed parking lot. Stormwater runoff from the parking lot will be directed to this wet swale Best Management Practice (BMP) via pavement grading and a cobble lined ditch. Phase two of the park will include hardscaping improvements such as a twelvespace paved parking area, seating, and multi-use trails. Additionally, phase two will 2

include a plaza and an open lawn. The subject property is in the Chesapeake Bay Preservation with RPA and IDA features present. Prior to site plan approval, an overall decrease in impervious surface must be demonstrated in the RPA. Additionally, the developed area consists of broken asphalt and formerly impervious area that can count as credit towards the required 20% reduction in pollutant load for stormwater. Areas of “impervious” surface on the subject site must be identified. Among other necessary requirements, the identification of impervious surface on the subject property will be required prior to site plan approval. It is anticipated that the park will improve the existing environmental conditions of the property by planting native species, replacing compacted gravel and pavement with native soil, and creating habitat for shellfish. Staff found that this conditional use permit fulfills the criteria of the UDO and 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 Mark Furlo, Director of Parks and Recreation. 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 Staylor and passed by a recorded vote of 8 to 0. ORDINANCE TEXT AMENDMENT, OTA2021-001, initiated by the City of Suffolk, for amendment to the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance, Article 7, Supplemental Use Regulations, Section 31-724, 3

Solar Energy Facilities. The purpose of the text amendments is to update and refine the Code of the City of Suffolk, Chapter 31, Unified Development Ordinance due to a change in circumstance. The next item of business was introduced by the Chairman followed by a staff report by Bob Goumas, Assistant Director of Planning. Mr. Goumas stated that the proposed amendments will enhance and strengthen vegetative buffer requirements for solar energy facilities: 1) Increase the width to 50 feet when adjacent to residential use or zoning district; 2) Requires full opaque screening be achieved within 2 years; 3) Limits number of deciduous trees and shrubs to 25% of plant material; and 4) Increases the size and number of trees and shrubs at the time of planting. All of the suggested text amendments are based on recent experience and address issues and concerns expressed by the community for better screening of solar energy facilities, and are intended to update the UDO due to a change in circumstances and provide improved clarification. Based on the considerations noted in the staff report, staff recommended approval of this ordinance text amendment. The public hearing was opened. There being no speakers in favor or in opposition, the public hearing was closed. After discussion by the Commission, Commissioner Hicks made a motion to approve this ordinance text amendment, seconded by Commissioner Singleton and passed by a recorded vote of 8 to 0. 4

STATUS REPORT: Mr. Hainley reported on the results of the January 20th City Council meeting. Mr. Hainley also reported on the preliminary plats approved. ADJOURNMENT: There being no further business, the meeting was adjourned.

PLANNING COMMISSION MEETING February 16, 2021

Benton, Howard C.

PRESENT X

ABSENT

MT: Rector

MT: Hicks

MT:

2ND: Staylor

2ND: Singleton

2ND:

TO: Approve w/conditions

TO: Approve

TO:

VOTE: 8-0

VOTE:

CUP2020-026

OTA2021-001

YES

Creekmore, Oliver

Eberwine, Kittrell

Edwards, Johnnie

Hicks, Anita

Rector, John

Singleton, Arthur

Staylor, Mills

YES

CITY OF SUFFOLK

442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Rezoning Request, RZN2020-009 (Conditional), Port Logistics- Lot 39, submitted by John Knott, Monroe Lot 8 Owner, LLC, applicant and property owner, in accordance with Sections 31-304 and 31-405 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 Route 58 (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. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Alexis Baker, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, AICP Assistant Director of Planning /arb Attachments

STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request, RZN2020-009 (conditional), Port Logistics - Lot 39, 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. APPLICANT: John Knott, Monroe Lot 8 Owner, LLC, applicant and property owner. LOCATION: The subject property is located at the intersection of Route 58 (Holland Road) and Enterprise Drive and is further identified as Zoning Map 32B, Parcel 3*39. PRESENT ZONING: M-1, Light Industrial Zoning District. EXISTING LAND USE: Lot 39 is a 5.2-acre vacant property. PROPOSED LAND USE: The uses proposed for this conditional rezoning request are for general commercial, including a convenience store with gasoline sales and two restaurants with drivethroughs. While these specific uses have not been proffered, the applicant has voluntarily proffered to exclude adult day care centers, mixed use dwellings, temporary shelters for indigent and homeless persons, 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 (50,000 volts or more), and wind energy facilities. SURROUNDING LAND USES: North – Vacant (zoned Light Industrial District, M-1) South – Vacant residential homes and abandoned farm structures (zoned General Commercial, B-2) East – Vacant, approved site plan for a BMP retention pond and warehouse/distribution center (zoned Light Industrial District, M-1) West – Vacant, future fire station (zoned Light Industrial District, M-1) COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Central Growth Area, Suburban 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 0210D of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated September 11, 2016.

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 2 of 7

CASE HISTORY: The subject property is within the Port Logistics Park, formerly known as the CenterPoint Intermodal Center. On January 21, 2009, the subject property, at the time recorded as Zoning Map 32, Parcel 33A, was conditionally rezoned under RZ4-08, from an A, Agricultural Zoning District, to M-1, Light Industrial Zoning District. During this rezoning, seventeen parcels or portions of parcels were rezoned from A, Agricultural, RR, Rural Residential, M-1, Light Industrial, and M-2, Heavy Industrial Zoning Districts to B-2, General commercial, O-I, OfficeInstitutional, M-1, Light Industrial, and M-2, Heavy Industrial Zoning Districts to create the Centerpoint Intermodal Center. This rezoning was approved with proffered conditions, which were revised by RZ2013-0012 on February 19, 2014. Proffers under RZ4-08 and RZ2013-0012 included such conditions as the reservation of a future cross access location, dedication of a fire station, a container management program for off-chassis container storage in the M-2 Zoning District, roadway and traffic improvements for Holland Road and Kenyon Road, modifications to water and sewer mains and the city pump station, financial contributions for off-site water tower construction and off-site transportation improvements on Holland Road, and the dedication or deed to the land located within a Civil War trench to a third party conservationist. The applicant indicated in the revised proffers that conditions associated with water and sewer improvements, the water tower, and the container management program were fulfilled. Subdivision and site plans have been approved since 2009 for Centerpoint Intermodal Center/ Port Logistics Park. The most recent site plans were approved in 2020 for a speculative building on lot 10 and a project known as Set Sails on lot 11; Set Sails and an associated BMP will be located to the east of the subject property. Most approved site plans since 2009 have included large scale warehouses and distribution centers. 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 March 12, 2021.

STAFF ANALYSIS ISSUE: The applicant is requesting a change in zoning from M-1, Light Industrial zoning district, to B-2, General Commercial zoning district (Conditional) for Tax Map Parcel 32B*3*39, a 5.2-acre site, located at the intersection of Route 58 (Holland Road) and Enterprise Drive, approximately 2,400 feet southwest of Centerpoint Drive, in the Holy Neck Voting Borough. The purpose for this rezoning request is to allow for uses not permitted under the M-1 zoning district, such as fast-food restaurants with drive-throughs and a convenience store with gasoline sales. It should be noted that these 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. These excluded uses are adult day care centers, mixed use dwellings, temporary shelters for indigent and homeless persons, bed and breakfasts, campgrounds, camps,

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 3 of 7

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 (50,000 volts or more), and wind energy facilities. While not proffered, the conceptual site plan and documents received by staff proposes access to the 5.2-acre site from Enterprise Drive and Holland Road. Due to concerns regarding the future signalization of Enterprise Drive and Holland Road, the location of the future fire station, and the location of the entrance within a future merge area, Staff does not support this conceptual plan and would not approve a site plan showing access from Holland Road. 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 has stated that their intent is to use the property for a restaurant with a drive-through and a convenience store with gasoline sales, which are not permitted in the M-1 zoning district. While the applicant has not proffered these specific uses, they have voluntarily proffered to exclude certain uses that are allowed within the proposed B-2, General Commercial zoning district. The applicant has proffered to exclude adult day care centers, mixed use dwellings, temporary shelters for indigent and homeless persons, 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 (50,000 volts or more), and wind energy facilities. It should also be noted that the subject property is contiguous with the B-2 zoning district to the south. 1.

Comprehensive Plan The subject property is located within the Central Growth Area, Suburban 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 Central Growth Area is focused around the historic City core. The Suburban Use District is the least dense area inside the Central Growth Area. The district should be primarily composed of traditional residential subdivisions, small convenience retail, professional offices, and civic building and community facilities. Larger, sub-regional scale uses may be accommodated on specifically identified sites with direct access to major transportation routes. 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:

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 4 of 7

Policy 2-1: Keep development focused in designated Growth Areas in the City. The rezoning request is within the Central Growth Area, Suburban Use District. B-2 uses, including small convenience retail and professional offices are appropriate in this area. Policy 2-2: Assure that development occurs in a predictable and orderly manner. 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. As mentioned above, small convenience retail, professional offices, and civic building and community facilities are recommended in the Suburban Use District. Larger, sub-regional scale uses may be accommodated on specifically identified sites with direct access to major transportation routes. 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 B-2 zoning district allows for an extensive range of uses. 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 Special Corridor Overlay District (SCOD). The size and location of the 5.2-acre development site would preclude it from many uses allowable under the B-2 zoning district, that are not appropriate in the Suburban Use District, such as regional scale shopping centers, department stores, big box retail, and hospitals. Policy 2-4: Promote compatibility in land use patterns. The subject property is contiguous with the B-2 zoning district just south of the property and is appropriate along Holland Road. 2.

Unified Development Ordinance In Section 31-408 (j) of the Unified Development Ordinance, the general rezoning criteria for the B-2 district includes minimizing pedestrian and vehicular conflicts by a system of sidewalks and other pedestrian amenities which provided connectivity to surrounding neighborhoods, while providing adequate separation and channeling of pedestrian and vehicular movements. Additionally, B-2 must be located along arterials and arterial/arterial or arterial/collector intersections. The rezoning request appears to fulfill Section 31-408 (j) of the UDO. Holland Road (U.S.58) is a four-lane divided principal arterial road. There are no surrounding residential uses to create pedestrian or vehicle conflicts. Residential homes south of the subject property appear to be vacant or abandoned and are located on approximately 30.7 acres within the Westport Commerce Park, zoned B-2.

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 5 of 7

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 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. The proposed water and sewer demands for this site were included as part of the Water and Sewer Master Plan for the Port Logistics Center dated May 15, 2020. Based on the information provided, the Department of Public Utilities has no objections to this Rezoning Request. Stormwater Management The approved Stormwater Master Plan shows Lot 39 within a drainage area (Drainage Area 8) with a retention pond BMP on property located northwest of the subject property. The design for this pond was approved by the City under the Engineering Plans for Enterprise Drive. The Stormwater Master Plan accounts for 70% imperviousness for Drainage Area 8, which includes the subject property. Section 31-407 of the UDO indicates the maximum impervious surface ratio for B-2 zoning is 0.7; therefore, the proposed use is within the limits of the previously approved stormwater master plan, and no updates are proposed to this plan. An on-site stormwater management facility is not anticipated for the Lot 39 development. The Department of Public Works had no comments or concerns regarding this rezoning request. Transportation 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:

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 6 of 7

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. 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. Schools The applicant has proffered to exclude residential uses that generate school aged children. Schools should not be affected by this rezoning request. 4.

Proffered Conditions The applicant has voluntarily proffered to exclude adult day care centers, mixed use dwellings, temporary shelters for indigent and homeless persons, 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 (50,000 volts or more), and wind energy facilities, which are allowable uses within the B-2 Zoning District.

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. Attachments • • • • • •

General Location Map Zoning/Land Use Map Application Narrative Conceptual Site Plan Proposed Ordinance Exhibit A - Planning Commission Resolution

Planning Commission March 16, 2021 RZN2020-009 (Conditional) Page 7 of 7

• • •

Exhibit B - Rezoning Proffers Exhibit C – Property Map Exhibit D – Rezoning Exhibit/Survey

GENERAL LOCATION MAP RZN2020-009

_ ^ 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: 03/08/2021

1.5

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ZONING / LAND USE MAP RZN2020-009

Subject Property

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CENTERP

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1,000 500

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3,000 Feet

REGULATORY REQUIREMENTS Lot 39 is located on tax parcel 32B*3*39 and currently falls within the Light Industrial (M-1) zoning district. The proposed commercial use on the property requires a rezoning application in accordance with Appendix B-4 of the Unified Development Ordinance (UDO). This narrative and report accompany the rezoning application for the proposed commercial development in accordance with the requirements of Section 31-601 and Appendix B-19 of the UDO.

PROJECT DESCRIPTION The subject parcel, Lot 39, is located at the intersection of Holland Road and Enterprise Drive in the City of Suffolk, Virginia (see site location map, Appendix A). Lot 39 is approximately 5.2 acres and currently falls within the M-1 Light Industrial zoning district. The subject parcel is bounded to the south by Holland Road and to the East by Enterprise Drive. The Lot 16 parcel owned by the City of Suffolk is located to west of the subject property and has been reserved for the development of a future fire station. Lot 16 is also zoned M-1 Light Industrial. Future ‘Road G’ borders Lot 39 to the north. Lot 39 lies within the Port Logistics Center (PLC), formerly known as CenterPoint Intermodal Center, which is a primarily industrial park with some commercial uses. PLC has been master planned to accommodate the future development of several parcels within the park, which includes a future industrial use on Lot 39. The future development on Lot 39 is now proposed to be a commercial use, which will require a change in zoning designation. Included in this narrative and report is a differential analysis of rezoning the subject parcel from M-1 Light Industrial per the approved master plans to B-2 General Commercial. Property ownership has evaluated several commercial uses for this parcel that would fall under the B-2 classification. A specific use has not been identified at this time; however, the calculations included in this report are based on conservative development tenants that represent possible uses. Because the actual tenant mix and type is unknown, any reference to a specific use is not intended to be binding or restrictive on the zoning. At the time of site plan application, the tenant will make adjustments as necessary to address all applicable requirements included within this report and submit plans to the City of Suffolk for approval.

Port Logistics Center – Lot 39 │ Rezoning Narrative and Report November 13, 2020

ORDINANCE NO. AN 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 ROUTE 58 (HOLLAND ROAD) AND ENTERPRISE DRIVE, ZONING MAP 32B, PARCEL 3*39, ACCOUNT NUMBER 154000807; RZN2020-009 (CONDITIONAL) WHEREAS, John Knott, Monroe Lot 8 Owner, LLC, applicant and property owner, has requested to change the zoning from M-1, Light Industrial, to B-2, General Commercial zoning district, for property located at the intersection of Route 58 (Holland Road) and Enterprise Drive, Zoning Map 32B, Parcel 3*39, which land is depicted on Exhibit “C”; 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 21st day of April, 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”, “Rezoning Proffers”, and Exhibit “C”, “Property Map,” and Exhibit “D,” “Rezoning Exhibit/Survey”, 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 “C” is hereby, conditionally rezoned and the official zoning map be, and it is hereby, amended from M1, Light Industrial zoning district, to B-2, General Commercial zoning district (conditional).

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: _______________________________________ William E. Hutchings, Jr., Interim City Attorney

EXHIBIT “A”

RESOLUTION NO. 21-03-1

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2020-009 (CONDITIONAL) TO CHANGE THE ZONING FROM M-1, LIGHT INDUSTRIAL, TO B-2, GENERAL COMMERCIAL, FOR PROPERTY LOCATED AT THE INTERSECTION OF ROUTE 58 (HOLLAND ROAD) AND ENTERPRISE DRIVE, ZONING MAP 32B, PARCEL 3*39, ACCOUNT NUMBER 154000807 WHEREAS, John Knott, Monroe Lot 8 Owner, LLC, applicant and property owner, has requested to change the zoning from M-1, Light Industrial, to B-2, General Commercial zoning district, for property located at the intersection of Route 58 (Holland Road) and Enterprise Drive, Zoning Map 32B, Parcel 3*39, 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, RZN2020-009 (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

PROPERTY MAP RZN2020-009

EXHIBIT C

EN R TE

ACE

IS E

Subject Property 32B*3*39

D AN L L HO

User Name: Awood Date: 03/01/2021

540

270

540

1,080

1,620 Feet

EXHIBIT D

CITY OF SUFFOLK

442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Rezoning Request RZN2021-003, (Conditional), 115 C Street, submitted by Whitney G. Saunders, Saunders & 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. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Julie Swann, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, Assistant Director of Planning /jls Attachments

STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request RZN2021-003, (Conditional), 115 C Street 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 115 C Street. APPLICANT: Whitney G. Saunders, Saunders & Ojeda, P.C., agent, on behalf of Bob Arnette, Moore’s Pointe, LLC, applicant, on behalf of Wesley and Louise Johnson, property owners. LOCATION: The subject properties are located at 115 C Street, which is located on the east side of C Street. PRESENT ZONING: B-2, General Commercial zoning district. EXISTING LAND USE: Tax map 36A*202 is currently vacant. Tax map 36A*202B located at 115 C Street has a discontinued business and vacant commercial building that is scheduled for demolition by the property owner. PROPOSED LAND USE: The applicant proposes this rezoning to RU, Residential Urban, for the purpose of a stormwater retention facility that would serve the residential development known as “The Meadows at Moore’s Pointe.” SURROUNDING LAND USES: North – The Magnolia Gardens neighborhood zoned RLM, Residential Low Medium Density zoning district and The Meadows at Moore’s Pointe neighborhood zoned RU, Residential Urban. South – The Raceway gas station, zoned B-2, General Commercial zoning district. East – A hotel, zoned B-2, General Commercial zoning district. West – The Meadows at Moore’s Pointe neighborhood zoned RU, Residential Urban zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Inner Ring Suburban 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 0231E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. 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 March 12, 2021.

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 2 of 6

CASE HISTORY: Some adjacent properties have been subject to several previously approved rezoning requests related to the residential development known as “The Meadows at Moore’s Pointe.” In 2016, tax parcels 36A*189*190 and 36A*188 were rezoned from B-2, General Commercial zoning district, to the RU, Residential Urban zoning district to create seventy (70) single-family attached dwellings, as requested as a part of rezoning request RZN08-16. This request was approved on October 18, 2016 with the justification that the attached dwellings would offer an appropriate transition from the commercial uses present along Portsmouth Boulevard to the singlefamily detached neighborhoods located to the north off of C Street. In addition, the proposed RU zoning district was found to be consistent with the intended uses and density within the Inner Ring Suburban Use District as outlined by the 2035 Comprehensive Plan. In 2018, portions of tax parcels 36A*202A*1, 36A*202B*1 and 36A*191*195 were subject to rezoning request RZN2018-020, which requested a change in zoning from B-2 to RU. This request would add additional land previously not owned by the developer to the scope of the project and allow for the creation of fifteen (15) additional lots for the residential development, which is noted as RZN2018-020. This request was approved by City Council on August 21, 2019. In 2019, tax parcels 36A*189*190 and 36A*188 were subject to a new rezoning request. The purpose of the rezoning request was to remove previously accepted proffers related to monetary contributions for the advancement of school capacity. RZN2019-002 was approved on June 19, 2019 as the public schools directly affected by the residential development no longer had a deficit. In September of 2020, Preliminary Plan, PSB2019-00004, was approved as it relates to this development proposal. Subsequently, Engineering Plan, EPN2020-00004, was approved in October 2020. Although approved, both the preliminary plat and the engineering plan will need to be updated to incorporate the changes as requested through this proposal. Presently, there is a pending rezoning request, RZN2020-0002, to increase the density of the residential development on tax parcels 36A*189*190 and 36A*188. At this time, this application is on hold as additional information is required from the applicant to proceed with review. STAFF ANALYSIS ISSUE The applicant is requesting a change in zoning from the current B-2, General Commercial zoning district, to RU, Residential Urban zoning district, (Conditional), for two (2) parcels of land identified as Zoning Map 36A, Parcels 202 and 202B. 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 land area subject to this rezoning request is approximately 0.7 acres. The applicant voluntarily proffered that the subject property would be used solely for stormwater management purposes.

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 3 of 6

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. Please refer to the applicant’s narrative that is attached to this report. The applicant indicates that the townhome development located on C Street, known as The Meadows at Moore’s Pointe, requires a stormwater retention facility. As a result, the applicant has voluntarily proffered the two (2) subject parcels to solely be used for a stormwater retention facility and will be constructed as a “wet pond.” According to the applicant, the RU zoning district is more appropriate at this location given the surrounding residential neighborhoods. 1.

Comprehensive Plan According to the 2035 Comprehensive Plan, the subject property is located within the Central Growth Area, Inner Ring Suburban Use District. This district is the first area where exclusively residential neighborhoods should be located and neighborhood design should focus on walkable streets. Land efficient lot patterns such as zero lot lines for attached dwellings can be explored in this use district. Neighborhood level retail nodes consisting of uses such as convenience, retail, grocery, and offices, among others, should be located within walking distance from their intended markets. Civic buildings and community facilities are also appropriate. 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. It is staff’s opinion that the requested district is consistent with the policies of the 2035 Comprehensive Plan. Relevant to this application are the following: Policy 2-1: Keep development focused in designated Growth Areas in the City. The applicant proposes to utilize the subject property for a stormwater retention facility to serve the residential development on the west side of C street, known as The Meadows at Moore’s Pointe. The subject property is within the Central Growth Area, Inner Ring Suburban Use District. Policy 2-2: Assure that development occurs in a predictable and orderly manner. • Action 2-2H: Ensure that public infrastructure anticipates future population needs by requiring consideration of available and planned public facilities when reviewing rezonings and plan changes that would increase public service and infrastructure needs. This is crucial to the City’s water and sewer system needs. As stated, the applicant requests to rezone 115 C Street from B-2 to RU for the purpose of stormwater management to serve a residential development that would be immediately adjacent. The rezoning would allow a stormwater retention facility to support the townhome development, known as The Meadows at Moore’s Pointe. Overall, the proposed rezoning aligns with observed development patterns and would be appropriate to allow for

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 4 of 6

the orderly development of the approved townhome development located immediately to the west of this site. C Street is classified as a minor collector roadway that experiences less traffic and has less visibility than Portsmouth Boulevard. According to the applicant, the lack of traffic and visibility are the main reasons as to why the property has not been used for commercial purposes in the past, thus a rezoning to a residential district is more compatible. As previously discussed, five (5) parcels of land adjacent to the subject properties were recently rezoned from B-2 to RU. As such, the use of the property as a stormwater facility to serve the adjacent residential development may be more practical. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City. • Action 6-1A: Ensure that the City’s land use regulations allow for a variety of housing types, such as single-family detached, single-family attached, and multifamily. The stormwater retention facility would serve the residential development known as The Meadows at Moore’s Pointe, which is a townhouse development. These developments supplement and diversify the housing stock in the area and in the City of Suffolk at large. The proposed use of a stormwater retention facility would support those developments further. 2.

Unified Development Ordinance Section 31-403 of the Unified Development Ordinance identifies the purpose of the RU, Residential Urban zoning district as follows: RU is a high density district allowing for development consisting of the full spectrum of residential unit types including single family attached and detached dwellings, townhouse, duplex and apartments within specified densities where adequate public facilities and services are available, multi-family buffer zones between commercial/industrial areas and low-density residential uses, and transportation thoroughfares proximate to public services and supportive retail facilities. RU may serve as a transitional district between single family and commercial or office districts in the urbanized areas. This district is intended to allow a mix of residential unit types and densities to provide a balance of housing opportunities while maintaining neighborhood compatibility and is ideally suited for the Inner Ring Suburban Use District. Additionally, the Unified Development Ordinance also specifies criteria for the use of RU zoning. Three criteria are defined as follows: - No application for development within the RU zoning district shall be approved unless the proposed use and/or development conforms to the requirements of Article 4 (Zoning), 6 (Design Standards), and 7 (Supplemental Use Standards) of the UDO.

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 4 of 6

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 5 of 6

Subdivision plats or site plans may utilize hamlet or cluster use patterns consistent with the requirements of Sections 31-411(e) or 31-411(f) except in the RC and RU districts with the approval of Conditional Use Permit. No subdivision plat shall be approved unless the proposed development is served by the central water system of the City of Suffolk and the central wastewater system of the City of Suffolk, in accordance with Section 31-613 of this Ordinance, and Chapter 90, of the City Code of Suffolk. The development will be required to meet the requirements of Articles 4, 6, and 7 of the UDO, which will be reviewed during the site plan process. The applicant has voluntarily proffered the use of the subject property for storm water management only. The storm water retention facility would serve the residential development, The Meadows at Moore’s Pointe.

Planning Commission March 16, 2021 RZN2021-003 (Conditional) Page 6 of 6

Schools Under the current B-2 zoning there are no impacts to school facilities within the City. The request to rezone the subject property from B-2 to RU zoning district would have no impacts to school facilities as well. In summary, no advancement in school capacity is needed due to the proffered use of a stormwater retention facility. 5.

Proffered Conditions The applicant has proffered the following conditions in support of this rezoning request: 1. The parcel will be utilized only for the purposes of storm water management, or for the placement of a storm water retention facility.

RECOMMENDATION In summary, this rezoning request is consistent with the 2035 Comprehensive Plan and the Unified Development Ordinance, including the provisions for adequate public facilities. The proposed rezoning from the B-2, General Commercial zoning district, to the RU, Residential Urban zoning district, at 115 C Street will provide for a previously approved residential development and its location appears to align with the goals and objectives outlined in the 2035 Comprehensive Plan. Therefore, staff recommends approval of Rezoning Request RZN2021-003 (Conditional) with the submitted proffers. Attachments • • • • • • • •

General Location Map Zoning/Land Use Map Application Narrative Proposed Ordinance Exhibit A – Planning Commission Resolution Exhibit B – Voluntary Proffer Statement Exhibit C – Property Map Exhibit D – Rezoning Exhibit

GENERAL LOCATION MAP RZN2021-003

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 1.5 Date: 01/14/2021

0.75

1.5

4.5 Miles

B ST

M ON S M ILL TRL

Y KW

RLM MAG N

OLIA

VAN ZAND TP

RE S

E ST

C ST

2ND S

DEE

MOR

JOH N

KEN

TERW HEEL WA

SEM NAN

RLM

WAT ERW AY C T

MILL STO NE

PKW O ND

BEA

CT M ILLW HE E

ERS MILL

S ST

WITH ER

L CT

ZONING / LAND USE MAP RZN2021-003

RU WRI GH

T ST

Subject Property

B-2

A S T

SM RT PO

LVD HB T U

M-2 HO HIL

User Name: Awood Date: 01/14/2021

280

140

280

560

840 Feet

Narrative 36A*202; 36A*202B

The above stated parcels are located on the East side of C Street approximately 300 feet from the intersection of C Street with Portsmouth Boulevard. The parcels are adjacent to the Race Trac gasoline station and convenience store on the South, which is zoned B-2, additional B-2 zoned parcels on the East and RU zoned parcels on the North. The subject parcels front on C Street and contain an overall area of approximately .7 acres. The property is located in the Central Growth Area and is in the Inner-Ring Suburban Use District. The Inner-Ring Suburban District allows multiple residential housing types, all of which may require a stormwater retention facility. These parcels will be used solely for construction of such a facility to retain stormwater from The Meadows at Moore’s Pointe. The recently approved townhouse development known as The Meadows at Moore’s Point will supplement and diversify the housing options offered in the C Street corridor. The BMP to be constructed on these parcels will be part of a larger BMP which will include part of the adjacent property to the North. The BMP will act as a focal point for entry into the residential portion of C Street and will separate the existing B-2 uses from the planned townhouse neighborhood and existing single family detached homes which lie to the North of The Meadows at Moore’s Point. The BMP will be developed as a “wet” pond and shall therefore contribute to the equity interest of all the neighboring properties by providing an aesthetically pleasing point of entry to all of C Street’s residences.

ORDINANCE NO. ___________ AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM B2, GENERAL COMMERCIAL ZONING DISTRICT, TO RU, RESIDENTIAL URBAN ZONING DISTRICT, FOR PROPERTY LOCATED AT 115 C STREET, ZONING MAP 36A, PARCELS 202 AND 202B; ACCOUNT NUMBERS 304369900 AND 304369800; RZN2021-003 (CONDITIONAL) WHEREAS, Whitney G. Saunders, Saunders & Ojeda, P.C., agent, on behalf of Bob Arnette, Coastal Virginia Partners LLC, applicant, on behalf of Wesley and Louise Johnson, property owners, has requested a change in zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning district (Conditional), for property located at Zoning Map 36A, Parcels 202 and 202B, which land is depicted on Exhibit “C”; 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 21st day of April, 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.

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 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. 1.

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

The property as shown on the attached Exhibit “C” is hereby, conditionally rezoned and the official zoning map be, and it is hereby, amended from B2, General Commercial zoning district, to RU, Residential Urban zoning district.

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.

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

EXHIBIT “A”

RESOLUTION NO. 21-03-1

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2021-003 (CONDITIONAL) 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, ACCOUNT NUMBERS 304369900 AND 304369800 WHEREAS, Whitney G. Saunders, Saunders & Ojeda, P.C., agent, on behalf of Bob Arnette, Coastal Virginia Partners LLC., applicant, on behalf of Wesley and Louise Johnson, property owners, has requested a change in zoning from B-2, General Commercial zoning district, to RU, Residential Urban zoning district (Conditional), 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 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, RZN2021-003 (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

PROPERTY MAP RZN2021-003

EXHIBIT C

2ND S

OLIA

C ST

K ENM

ORE

MAG N

36A*202

Subject Property 36A*202B

User Name: Awood Date: 01/14/2021

125

62.5

125

SM RT

250

D BLV TH U O

375 Feet

EXHIBIT D

CITY OF SUFFOLK

442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Rezoning Request RZN2021-005, Sleepy Hole Road, submitted by Calvin Cole, Crystal Sea, LLC., applicant, on behalf of Bailey Parker III, Parker Enterprises, 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 to change the zoning from B-1, Neighborhood Commercial zoning district, to RLM, Residential Low Medium Density zoning district, for property located at 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. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Julie Swann, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, Assistant Director of Planning /jls Attachments

STAFF REPORT DESCRIPTION REZONING REQUEST: Rezoning Request RZN2021-005, Sleepy Hole Road 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 Sleepy Hole Road. APPLICANT: Calvin Cole, Crystal Sea, LLC., applicant, on behalf of Bailey Parker III, Parker Enterprises, property owner. LOCATION: The subject property is located on Sleepy Hole Road. PRESENT ZONING: B-1, Neighborhood Commercial zoning district. EXISTING LAND USE: The site is currently vacant and undeveloped. PROPOSED LAND USE: The applicant proposes rezoning the parcel to RLM, Residential Low Medium, for the purpose of creating up to three (3) lots and developing no more than three (3) single-family dwellings with one (1) dwelling on each lot. SURROUNDING LAND USES: North –

The Sleepy Hole Park and Golf Course zoned C, Conservation zoning district. South – A single-family dwelling and forestall land, zoned RR, Rural Residential zoning district. East – An office building, zoned B-1, Neighborhood Commercial zoning district. West – Little Zion Baptist Church zoned RLM, Residential Low to Medium Density zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan designates this area as part of the Northern Growth Area, Suburban 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 0109E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015.

Planning Commission March 16, 2021 RZN2021-005 Page 2 of 6

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 March 12, 2021. HISTORY: The subject property is currently vacant. Tax parcel 19A*63A was subdivided from parent parcel 19A*63 in 1987 Deed Book 219, Page 281. STAFF ANALYSIS ISSUE The applicant is requesting a change in zoning from the current B-1, Neighborhood Commercial zoning district, to RLM, Residential Low Medium Density zoning district, for one (1) parcel of land identified as Zoning Map 19A, Parcel 63A. The purpose of this rezoning is to create up to three (3) lots and develop a total of no more than three (3) single-family dwellings with one (1) dwelling on each lot. The land area subject to this rezoning request is approximately 1.83 acres. 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. Please refer to the applicant’s narrative that is attached to this report. The applicant indicates that there is a lack of interest when attempting to sell the property as a commercial site. According to the applicant, the RLM zoning district is more appropriate at this location given the surrounding golf course, park and other single-family dwellings. 1.

Comprehensive Plan According to the 2035 Comprehensive Plan, the subject property is located within the Northern Growth Area, Suburban Use District. This district should be primarily composed of traditional residential subdivisions. Single-family dwellings are the most common use found in this district. Local and collector streets should be designed with sidewalks and be pedestrian friendly. Arterial and collector roads should have bicycle lanes and sidewalks that connect to neighborhoods and other key activity centers. Retail uses in this district are primarily neighborhood-scale centers. Civic buildings and community facilities are also appropriate. 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. It is staff’s opinion that the requested district is consistent with the policies of the 2035 Comprehensive Plan. Relevant to this application are the following:

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Policy 2-1: Keep development focused in designated Growth Areas in the City. The applicant proposes to utilize the subject property to develop up to three (3) singlefamily dwellings. The subject property is within the Northern Growth Area, Suburban Use District, and thus the proposal aligns with this policy. Policy 2-2: Assure that development occurs in a predictable and orderly manner. • Action 2-2H: Ensure that public infrastructure anticipates future population needs by requiring consideration of available and planned public facilities when reviewing rezonings and plan changes that would increase public service and infrastructure needs. This is crucial to the City’s water and sewer system needs. As stated, the applicant requests to rezone the subject property on Sleepy Hole Road from B-1 to RLM for the purpose of creating up to three (3) lots and developing no more than three (3) single-family dwellings, with one (1) dwelling per lot. The number of lots is contingent on the dimensional lot standards for the RLM, residential low medium zoning district, which will be reviewed at the time of development plan review. Overall, the proposed rezoning will allow for the orderly development on Sleepy Hole Road, as the character of the area is defined primarily by its single-family detached dwellings. It is important to note that the parcel immediately to the east is also zoned B-1, and is developed and utilized as a contracting business. However, the overall character of the area is defined by low density residential and recreational uses. Policy 2-4: Promote compatibility in land use patterns. Sleepy Hole Road is classified as a local roadway that does not experiences heavy traffic. According to the applicant, the lack of traffic has impacted the ability to develop the site for commercial purposes. As previously discussed, the subject property is adjacent to properties to the west zoned RLM. Thus, this rezoning will create a more consistent land use pattern. Policy 5-1: Relate the availability of municipal services and facilities to the location and pace of growth. • Action 2-1B: Continue the policy that there can be justification for rezonings to residential subdivision uses outside the focused Growth Areas. The subject property has easy access to Sleepy Hole Road and Bennetts Pasture Road, which is within the Northern Growth Area. In addition, the schools will be minimally impacted, which will be discussed in further detail below, under the “Adequate Public Facilities” section of this report. Policy 6-1: Encourage development of a balanced and diverse housing stock throughout the City.

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•

Action 6-1A: Ensure that the City’s land use regulations allow for a variety of housing types, such as single-family detached, single-family attached, and multifamily.

The request as proposed appears to be appropriate in the requested location. Rezonings of this nature work to balance the higher intensity/density rezoning requests and development proposal seen in the Mixed Use Core, Core Support, and Inner Ring Suburban Use Districts. 2.

Unified Development Ordinance Section 31-408 of the Unified Development Ordinance provides a purpose statement for each zoning district to assist in evaluating the compatibility of any rezoning request. This application is found to align with the purpose statement of the requested RLM zoning district. As defined within the UDO, the purpose of the RLM district is as follows: To provide areas for low-medium density, single-family residential uses where adequate public facilities and services exist or are planned with capacity to serve development. Residential low-medium density provides a flexible minimum and maximum lot size in order to allow for market and design flexibility while preserving the neighborhood character and permitting applicants to cluster development in order to preserve environmentally sensitive land areas. RLM zoning is most appropriate for the Suburban Use District. Additionally, with the request seeking to rezone from the B-1 district to the RLM zoning district, it is important to understand the purpose of the B-1 district. In accordance with Article 31-402, the purpose of the B-1 district is as follows: To provide neighborhood services, small areas for office and professional services with shopfront retail uses and shops for artisans and craftsmen, designed in scale with surrounding residential uses. This district provides a balance of residential and non-residential land use opportunities reflecting the economic needs of residents and business owners. The property is located on a local roadway. Sleepy Hole Road mostly comprised of residential neighborhoods, Sleepy Hole Park and Sleepy Hole Golf Course, thus the traffic is predominantly local residents. The surrounding area does not contain a large amount of density that could be leveraged by certain commercial users on the site. Additionally, the site is not located at a prominent intersection that allows for the visibility to compensate for the lack of density noted in the area, as such, a rezoning to a residential district is more appropriate at this location. The Unified Development Ordinance also specifies criteria for the use of RLM zoning. Three criteria are identified:

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No application for development within the RLM zoning district shall be approved unless the proposed use and/or development conforms to the requirements of Article 4 (Zoning), 6 (Design Standards), and 7 (Supplemental Use Standards) of the UDO. Subdivision plats or site plans may utilize hamlet or cluster use patterns consistent with the requirements of Sections 31-411(e) or 31-411(f) except in the RC and RU districts with the approval of Conditional Use Permit. No subdivision plat shall be approved unless the proposed development is served by the central water system of the City of Suffolk and the central wastewater system of the City of Suffolk, in accordance with Section 31-613 of this Ordinance, and Chapter 90, of the City Code of Suffolk. The development will be required to meet the requirements of Articles 4, 6, and 7 of the UDO, which will be reviewed during the development plan review.

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Schools Under the current B-1 zoning there are no impacts to school facilities within the City. The request to rezone the subject property from B-1 to RLM zoning district would have minimal impacts to school facilities. Up to three (3) new single-family detached dwellings are anticipated to generate one (1) elementary school student, zero (0) middle school students and zero (0) high school students in accordance with the Student Generation Rates outlines in Section 31-601 of the UDO. The property is currently served by Florence Bowser Elementary School, Forest Glen Middle School and Nansemond River High School. All schools serving this site currently have adequate capacity when considering committed development to absorb any students generated as outlined above. RECOMMENDATION In summary, this rezoning request is consistent with the 2035 Comprehensive Plan and the Unified Development Ordinance, including the provisions for adequate public facilities. The proposed rezoning from the B-1, Neighborhood Commercial zoning district, to the RLM, Residential Low Medium Density zoning district, aligns with the goals and objectives established within the Comprehensive Plan and Unified Development Ordinance. The proposed zoning is consistent with surrounding land use patterns. Therefore, staff recommends approval of Rezoning Request RZN2021-005. Attachments • • • • • • •

General Location Map Zoning/Land Use Map Application Narrative Proposed Ordinance Exhibit A – Planning Commission Resolution Exhibit B – Property Map Exhibit C – Rezoning Exhibit

GENERAL LOCATION MAP RZN2021-005

_ ^ 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: 02/08/2021

0.5

3 Miles

ZONING / LAND USE MAP RZN2021-005 PLANTERS CLUB RD S LEEPY HO LE

G E

RI D

SL EE

PY AY

SLE EPY

WOO D

RLM

RE A C H

HO LE

IC A

RUSH

PY P OINT W

RIAT DR

RET A

Subject Property

GRIFFIN LN

B-1

DA RDE N

RK RD PA

CT SLEE

S CHOO NER B LV D

RLM RLM

User Name: Awood Date: 02/08/2021

650

325

650

1,300

1,950 Feet

STATEMENT FOR ZONING REQUEST The subject property of 1.83 acres on Sleepy Hole Rd. has been in my family for almost four decades and at various times we have explored the commercial options allowed under the current B-1 zoning. We have had large ‘For Sale’ signs on the corners of the property for quite a long time and despite a reasonable price we have been unable to generate any interest in the property as a retail or office use. Given the fairly large amounts of commercial properties at the various 664 interchanges (Portsmouth Blvd. and Western Branch for example) and the retail developments at Shoulders Hill and Rt.17 and the development at College Dr. as well as the large industrial park at Northgate we feel that a very low density residential project on the subject parcel is very appropriate. The area just does not seem to be an area where retail or office will locate. Two of the three homes will be on half-acre tracts and the third is on .83 of an acre (over 36,000 square feet) The lots will retain as much of the natural wooded terrain as possible while providing a reasonable sized cleared lawn and home area. With a beautiful golf course across the street as well as the Sleepy Hole Park we feel that the very low density of three homes on almost two acres will make a positive and very low impact on the area.

Thank You

Bailey T. Parker III

ORDINANCE NO. ___________ AN ORDINANCE TO REZONE AND AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SUFFOLK TO CHANGE THE ZONING FROM B1, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, TO RLM, RESIDENTIAL LOW MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED ON SLEEPY HOLE ROAD, ZONING MAP 19A, PARCEL 63A; ACCOUNT NUMBER 304320700; RZN2021-005 WHEREAS, Calvin Cole, Crystal Sea, LLC., applicant, on behalf of Bailey Parker III, Parker Enterprises, property owner, has requested a change in zoning from B-1, Neighborhood Commercial zoning district, to RLM, Residential Low Medium Density zoning district, for property located at Zoning Map 19A, Parcel 63A, which land is depicted on Exhibit “B”; 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 21st day of April, 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”, “Property Map”, and Exhibit “C”, “Rezoning Exhibit,” which are attached hereto, are hereby incorporated as part of this ordinance.

Section 2.

Findings.

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;

Section 3.

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.

Rezoning. 1. The property as shown on the attached Exhibit “B” is hereby, rezoned and the official zoning map be, and is hereby, amended from B-1, Neighborhood Commercial zoning district, to RLM, Residential Low Medium Density zoning district.

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: _______________________________________ William E. Hutchings, Jr., Interim City Attorney

EXHIBIT “A”

RESOLUTION NO. 21-03-3

CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO REZONING REQUEST RZN2021-005 TO CHANGE THE ZONING FROM B-1, NEIGHBORHOOD COMMERCIAL ZONING DISTRICT, TO RLM, RESIDENTIAL LOW MEDIUM DENSITY ZONING DISTRICT, FOR PROPERTY LOCATED ON SLEEPY HOLE ROAD, ZONING MAP 19A, PARCEL 63A; ACCOUNT NUMBER 304320700 WHEREAS, Calvin Cole, Crystal Sea, LLC., applicant, on behalf of Bailey Parker III, Parker Enterprises, property owner, has requested a change in zoning from B-1, Neighborhood Commercial zoning district, to RLM, Residential Low Medium Density zoning district, and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1. A.

Findings.

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;

Section 2.

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.

Recommendation to Council.

The Planning Commission recommends to City Council that the request, RZN2021-005, 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: __________________________

PROPERTY MAP RZN2021-005

SL EE PY

HO LE

EXHIBIT B

19A*63A

Subject Property

GRIFFIN LN

User Name: Awood Date: 02/08/2021

250

125

250

500

750 Feet

REZONING EXHIBIT OF PARKER ENTERPRISES, LLC PROPERTY 1.8321 ACRES EXISTING ZONING - 8-1 PROPOSED ZONING - RLM

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EXHIBIT C

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CITY OF SUFFOLK 442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099 DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Conditional Use Permit request CUP2020-027, 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. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Brittany Colyer, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, AICP Assistant Director of Planning

STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2020-027, in accordance with Sections 31-306 and 31-406 of the Unified Development Ordinance, to establish an accessory dwelling unit, detached. APPLICANT: Submitted by Felicia M. Jones, applicant and property owner. LOCATION: The affected property is located at 4372 Driver Lane, Zoning Map 19, Parcel 37C. PRESENT ZONING: RLM, Residential Low Medium density zoning district. EXISTING LAND USE: The subject property is 0.72 acre in size and features a 1-story single family dwelling, detached garage, carport, and frame sheds. PROPOSED LAND USE: The applicant proposes to construct a detached accessory dwelling unit, with a living area of 504 square feet. SURROUNDING LAND USES: North - Creekside Reserve, consisting of detached residential structures zoned RLM, Residential Low Medium density district. South - The Village of Driver, consisting of detached residential structures zoned RL, Residential Low density zoning district and Drivers Station, consisting of detached residential structures zoned RLM, Residential Low Medium density zoning district. East - Drivers Station, consisting of detached residential structures zoned RL, Residential Low density zoning district. West - Driver Village Green, consisting of detached residential structures zoned RLM, Residential Low Medium density zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan identifies this property as being located within the Northern Growth Area, Suburban Use District. CHESAPEAKE BAY PRESERVATION AREA DESIGNATION: This property is located within the Chesapeake Bay Preservation Area Overlay District, and is designated as a Resource Management Area. 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 March 12, 2021.

Planning Commission March 16, 2021 CUP2020-027 Page 2 of 6

STAFF ANALYSIS ISSUE The applicant is requesting a conditional use permit to establish an accessory dwelling unit, detached on this site. Currently there is a one-story, 2,883 square foot single family home, existing detached garage, carport, and frame sheds located on the property. The applicant is proposing to construct a detached accessory dwelling unit with approximately 504 square feet of living space. CONSIDERATIONS AND CONCLUSIONS 1.

Section 31-406 of the Unified Development Ordinance (UDO) requires that a conditional use permit be obtained for a detached accessory dwelling unit within the RLM, Residential Low-Medium Density zoning district.

Supplemental use standards are established in the UDO for detached accessory dwelling units as follows: a) The detached accessory dwelling unit shall comply with the minimum yard and intensity of use regulations as set forth in Section 31-407 of this ordinance. The detached accessory dwelling unit complies with the required setbacks for the RLM, Residential Low-Medium Density zoning district. The proposed accessory dwelling unit would maintain a 15-foot side setback, a 30-foot front setback, and a 30’ rear setback. b) On properties that contain a principal dwelling unit of 2,000 square feet or less, the accessory dwelling unit shall not contain a gross floor area greater than fifty percent (50%) of the gross floor area of the principal dwelling unit. On properties that contain a principal dwelling unit greater than 2,000 square feet, the accessory dwelling unit shall not contain a gross floor area greater than 1,000 square feet. The principal dwelling unit has a living area of 2,883 square feet. Based upon that area, the maximum area allowed for the detached accessory dwelling unit is 1,000 square feet. The proposed accessory dwelling unit has approximately 504 square feet of living space, which complies with the area requirement. c) All accessory dwelling units shall be connected to the principal dwelling unit's central water and sewer or septic system. In the case of detached accessory dwelling units, a separate water and sewer or septic system may be utilized if the lot contains not less than four (4) acres and the detached accessory dwelling unit is separated from the principal dwelling unit by not less than one hundred (100) feet. The proposed detached accessory dwelling unit will connect to the existing

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principal water and sewer service. d) Only one (1) accessory dwelling unit shall be permitted per lot. There are no additional accessory dwelling units located on the property. e) Required parking for the detached accessory dwelling unit shall be located on the property of the principal structure in accordance with the standards established in the parking standards of this Ordinance. One (1) additional off-street parking space shall be required for each permitted accessory dwelling unit in addition to that required for the principal dwelling unit.. The required parking for the detached accessory dwelling unit will be located on the property of the principal structure, in accordance with the supplemental standards. The proposed use will require two (2) parking spaces for the primary dwelling and one (1) parking space for the accessory dwelling unit. f) The accessory dwelling unit shall not be offered for rental purposes. The applicants are aware that they may not offer the proposed detached accessory dwelling unit for rent. g) Occupancy of the accessory dwelling unit shall not exceed one (1) person per two hundred (200) square feet of gross floor area. The applicants are aware that the occupancy of the detached accessory dwelling unit shall not exceed one (1) person per two hundred (200) square feet of gross floor area and shall not exceed a maximum occupancy of three (2) persons. h) The zoning permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. The Zoning Administrator will review this site on an annual basis for compliance. 3.

This property is currently served with city water and sewer via 5/8” water meter and sanitary sewer lateral. The proposed building layout provided in the Land Use packet shows a proposed bathroom and kitchen. The addition of these water fixtures to the overall water demand for this parcel is minimal. Based on the information provided, The Department of Public Utilities has no objections to this Conditional Use Permit.

The applicants will be required to address any issues regarding conversion to habitual space and occupancy of the dwelling unit pertaining to the Building Code with the Division of Community Development. The proposed detached accessory dwelling unit will need to comply with the current building code regulations, as well as the 2015 Virginia Residential Code at the time a building permit is requested.

Planning Commission March 16, 2021 CUP2020-027 Page 4 of 6

Pursuant to Section 31-306 of the Unified Development Ordinance (UDO), a Conditional Use Permit recognizes uses that, because of their unique characteristics or potential impacts on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria, 31-306(c) – As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council, and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the Ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a detached accessory dwelling unit is a listed conditional use in the RLM, Residential Low-Medium Density zoning district per the City’s Unified Development Ordinance. Supplemental use standards are established in the UDO in section 31-701 and have been met by this application. 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 detached accessory dwelling unit will conform to the character of the neighborhood as required by the supplemental use standards that are established by the UDO. The lot has adequate size to accommodate an accessory dwelling unit. This accessory dwelling unit will not be allowed to be rented out to the general public. This use will not be adverse to persons living in, working in, or driving through the neighborhood. c) Adequate measures shall be taken to provide ingress and egress so designed as to minimize traffic hazards and to minimize traffic congestion on the public roads. The request for the detached accessory dwelling unit has been reviewed by the City’s Department of Public Works, Traffic Engineering Division has expressed no concerns regarding parking or traffic for the proposed use and location. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor,

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dust, smoke or gas. The proposed use is for a detached accessory dwelling unit and should not produce excess vibration, noise, odor, dust, smoke or gas. It is not anticipated that there will be any use attached with this activity which would impact the surrounding community. e) The proposed use shall not be injurious to the use and enjoyments of the property in the immediate vicinity for the purposes already permitted nor substantially diminish or impair the property values within the neighborhood. The property is located just north of Drivers Station subdivision, a residential neighborhood. The surrounding properties are located within the same RLM, Residential Low-Medium Density zoning district and are comprised of single-family homes. The proposed detached accessory dwelling unit should not diminish or impair the property values within this neighborhood. f) The establishment of the proposed use shall not impede the orderly development and improvement of surrounding property for uses permitted within the zoning district. The proposed detached accessory dwelling should not impede the orderly development and improvement of the surrounding area. g) The establishment, maintenance or operation of the proposed use shall not be detrimental to or endanger the public health, safety, morals, comfort or general welfare. The use of a detached accessory dwelling unit 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 the detached accessory dwelling. The individual interests of persons within the neighborhood should not be adversely impacted by the proposed use. As previously noted, the Zoning Administrator will review the site on an annual basis for compliance. RECOMMENDATION It is staff’s opinion that the site in question is appropriate for the proposed use and, given the size of the existing lot and the size of the proposed dwelling unit, the use will not adversely impact the surrounding neighborhood. Therefore, staff recommends approval of Conditional Use Permit request CUP2020-027 with the following conditions. 1. This permit grants the establishment of a 504 square foot detached accessory dwelling

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unit at 4372 Driver Lane, Zoning Map 19, Parcel 37C, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The detached accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit “C” (the “Floor Plan”). 3. The detached accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the detached accessory dwelling unit shall not exceed a maximum of two (2) persons. 7. The detached accessory dwelling unit shall not be offered for rental purposes. Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Proposed Exterior  Proposed Ordinance  Exhibit A – Planning Commission Recommendation  Exhibit B – Survey  Exhibit C – Floor Plan

GENERAL LOCATION MAP CUP2020-00027

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: 01/04/2021

0.5

3 Miles

ZONING / LAND USE MAP CUP2020-027 CHARLEMAGNE

LL BI UE BL

RLM Subject Property

ES CR

K DR

19*37C

IN PO

ER IV

ERIN

N ER L DRIV

C BA AS NV CA

NE LI O R CA

DR PATRICK

CH G BEE

NW TIO TA

AY W

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BRUCE FARM DR

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KING User Name: Awood Date: 01/04/2021

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E NS NA

P ND MO

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4372 Driver Lane, Suffolk, Virginia: Proposed Usage Requiring Cup

The Owners wish to construct a detached Mother-in-Law Suite for the Mother of Felicia Jones. The intention is to provide housing for her mother as she is up in age, has had two hip replacements, and there is not enough space in the main house due to the size of my family. My mother also needs her respected privacy. The area is usual as it will be housed on the rear of the main dwelling located at 4372 Driver Lane, Suffolk, Virginia. The public water and sewage for the detached Mother-in-Law Suite will be connected to the primary residence. The primary use of the Mother-in-Law Suite will be for one person. The parking area for the primary residence and the Mother-in-Law Suite will be six (6) to eight (8) spaces. The square footage for the primary/main dwelling is 2,883. The square footage of the proposed accessory Mother-in-Law Suite/dwelling is 504.

Proposed Exterior

ORDINANCE NO. ________________ AN 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, ACCOUNT NUMBER 301978100; CUP2020-027. WHEREAS, Felicia M. Jones applicant and property owner, has requested a conditional use permit for a detached accessory dwelling unit 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 19, Parcel 37C, 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, "A". that:

WHEREAS, the Planning Commission has made a recommendation as stated in Exhibit NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Suffolk, Virginia, Section 1. Exhibits. Exhibit "A", "Planning Commission Recommendation", Exhibit "B", "Survey", and Exhibit "C", "Floor Plan”, which are attached hereto, are hereby incorporated as part of this ordinance. Section 2.

Findings.

Council finds that the proposal for a conditional use permit, as submitted or modified with conditions herein, the expressed purpose of which is to establish an accessory dwelling unit, detached 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 an accessory dwelling unit, detached 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 an accessory dwelling unit, detached in compliance with Exhibit “C” (the “Floor Plan”), and Sections 31-306 and 31-406 of the Code of the City of Suffolk. Conditions 1. This permit grants the establishment of a 504 square foot detached accessory dwelling unit at 4372 Driver Lane, Zoning Map 19, Parcel 37C, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The detached accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit “C” (the “Floor Plan”). 3. The detached accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the detached accessory dwelling unit shall not exceed a maximum of two (2) persons. 7. The detached accessory dwelling unit shall not be offered for rental purposes. Section 4.

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 Felicia M. Jones, applicant and property owner, or their successors in interest, and a hearing at which such persons shall have the opportunity to be heard.

(b)

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

(c)

The commencement of the use described in Section 3 of this ordinance shall be deemed acceptance by Felicia M. Jones, applicant and property owner, or any party undertaking or maintaining such use, of the conditions to which the conditional use permit herein granted is subject.

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

Exhibit A RESOLUTION NO. 21-03-4 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2020-027 TO ESTABLISH AN ACCESSORY DWELLING UNIT, DETACHED, ON PROPERTY LOCATED AT 4372 DRIVER LANE, ZONING MAP 19, PARCEL 37C, ACCOUNT NUMBER 301978100 WHEREAS, Felicia M. Jones, applicant and property owners, has requested the issuance of a Conditional Use Permit for a certain tract of land situated in the City of Suffolk, Virginia, which land is described and depicted on the proposed Ordinance attached hereto and incorporated herein by reference; and WHEREAS, the specific request is to permit an accessory dwelling unit, detached 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, CUP2020-027, 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 CUP2020-027 CONDITIONS 1. This permit grants the establishment of a 504 square foot detached accessory dwelling unit at 4372 Driver Lane, Zoning Map 19, Parcel 37C, as defined in the Unified Development Ordinance, as shown on Exhibit B. 2. The detached accessory dwelling shall be constructed in substantial conformity with the building layout, as shown on Exhibit “C” (the “Floor Plan”). 3. The detached accessory dwelling unit shall be connected to the principal structure’s public sewer and water systems, prior to the issuance of a Certificate of Occupancy. In accordance with the requirements established by the Department of Public Utilities. 4. This conditional use permit shall be reviewed for compliance by the Zoning Administrator on an annual basis. 5. The applicant will be required to address any issues regarding occupancy of the proposed space pertaining to the Virginia Uniform Statewide Building Code with the Division of Community Development. 6. The occupancy of the detached accessory dwelling unit shall not exceed a maximum of two (2) persons. 7. The detached accessory dwelling unit shall not be offered for rental purposes.

CUP2020-027

EXHIBIT "B"

CUP2020-027

EXHIBIT "C"

CITY OF SUFFOLK 442 WEST WASHINGTON STREET, P. O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099 DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021

Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to 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. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Kevin Wyne, staff planner, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, AICP Assistant Director of Planning

/kmw Attachments

STAFF REPORT DESCRIPTION CONDITIONAL USE PERMIT: Conditional Use Permit Request CUP2021-004 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, for a collection of parcels on the west side of White Marsh Road. APPLICANT: Submitted by Jay Linke, Birch Creek Development, LLC, agent and applicant on behalf William B. and Barbara J. Hunter, property owners. LOCATION: The subject property is located west side of White Marsh Road, and is further identified as Zoning Map 45, Parcels 11, 11*1, and 13. PRESENT ZONING: A, Agricultural zoning district. EXISTING LAND USE: 154 acres of vacant crop land. PROPOSED LAND USE: The proposed use of the subject property is an approximately 15 MWAC solar facility, which was approved in August 2018. Due to a reduction in the overall footprint of the proposed use, an amendment to the original approval is necessary. While the footprint will be reduced, the energy generation of 15 MWAC, is anticipated to remain the same. As amended, the footprint of the use will be approximately 99 acres. SURROUNDING LAND USES: North – Residential and farm land (A, Agricultural Zoning District) South – Residential and farm land (A, Agricultural Zoning District) East – Residential and farm land (A, Agricultural Zoning District) West – Residential and farm land (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 0230E and 0235E of the Flood Insurance Rate Map for the City of Suffolk, Virginia, Community No. 510156, dated August 3, 2015. 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 March 12, 2021. CASE HISTORY: This property received conditional use permit C12-17 in August 2018 for the establishment of a solar facility in accordance with Section 31-306 and 31-406 of the Unified

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Development Ordinance. Since that approval, the scope of the development has changed to the extent that a major amendment to the previously granted use permit is required. STAFF ANALYSIS ISSUE The applicant is requesting 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 (MWAC) solar energy facility on a collection of parcels located on White Marsh Road. 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 percent. In accordance with Section 31-306(g) of the Unified Development Ordinance, shifts in on-site location and changes in size, or intensity, of less than five percent, or a 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 (Director). However, proposals not meeting these criteria are subject to a major amendment, which necessitates the need for the proposal to be considered through the same process as it was originally considered (Public Hearings before both the Planning Commission and City Council). 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. 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. 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 applicant is requesting an amendment to the previously granted conditional use permit, C12-17, to accommodate for a reduction in the overall footprint of the proposed use. The overall footprint will be reduced from a previously depicted 113 acres, to approximately 99 acres. No modifications to previously applied conditions are anticipated aside from references to updated exhibits that have been provided. 3. The site will be accessed from a single entrance on White Marsh Road, which is classified

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as a major collector. 4. A Traffic Impact Analysis (TIA) was prepared and submitted in support of the original CUP request and was reviewed and approved by the Department of Public Works, Traffic Engineering Division. It was determined that acceptable levels of service would be maintained throughout construction of the proposed solar farm with minimal traffic generated by the project once under normal operation. No improvements were noted to be required as previously approved. No changes to traffic impacts are anticipated as a part of this amendment request. 5. 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 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. The original proposal was anticipated to decrease the existing impervious area on the site from 6.2 acres to 2.8 acres. This amendment further reduces the anticipated impervious area from 2.8 acres to 2.49 acres. As such, 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. 6. 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. 7. 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.

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c) Any on-site transmission or power lines shall be placed underground. The applicant is aware of this standard and 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. Additionally, the project will maintain a 15-foot vegetated buffer that is 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 in accordance with the landscaping standards of this ordinance. The submitted proposed master site plan depicts a 15-foot vegetated buffer along the entirety of the use’s footprint. 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. The applicant indicates that lighting will be limited to security lighting for the operation and maintenance of the facility. 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 proposed conditions 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.

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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. The applicant has stated their intention to meet all required setbacks as shown in Exhibit C, subject to the review and approval of a submitted site plan. 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 decommissioning plan associated with the original application will need to be refined to align with the reduced footprint, as depicted as a part of this request. The originally provided 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. 8. 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

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on adjacent land uses, are not generally permitted in certain zoning districts as a matter of right. Rather, such uses are permitted through the approval of a Conditional Use Permit by City Council when the right set of circumstances and conditions are found acceptable. Conditional Use Permit Approval Criteria (31-306(c)) - As may be specified within each zoning district, uses permitted subject to conditional use review criteria shall be permitted only after review by the Planning Commission and approval by the City Council and only if the applicant demonstrates that: a) The proposed conditional use shall be in compliance with all regulations of the applicable zoning district, the provisions of Article 6 of the ordinance and any applicable supplemental use standards as set forth in Article 7 of the Ordinance. The proposed use of a 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 the original application and/or this amendment 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. Downtown Suffolk is located approximately two miles north of the site and the Suffolk Executive Airport is situated approximately one mile to the southwest of the site. 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 Sections 31-603 and 31-724. It is important to note, as depicted on the provided master site plan, a 75’ setback is shown between the use and existing property lines. 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 White Marsh Road, which is classified as a major collector. The

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amendment request shifts the location of 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 has 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. d) The proposed use shall not be noxious or offensive by reason of vibration, noise, odor, dust, smoke or gas. 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 and the attached exhibit depicts a 75’ setback. Additionally, the use will be screened utilizing a 15’ vegetated buffer that will be required to meet the 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 (15 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.

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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 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. The proposed reduction in the previously approved footprint should allow for the above cited regulations to be more easily adhered to. Therefore, staff recommends approval of Conditional Use Permit request CUP2021004 with the following conditions. 1. This Conditional Use Permit is granted specifically in order to establish a solar energy facility, for properties located on White Marsh Road, identified as Zoning Map 45, Parcel(s) 11, 11*1, and 13 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, “Master 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. Figure 1, titled Eastern Origination Route, from the submitted Traffic Impact Study dated May 2018, shall be used as the designated haul route for all truck traffic accessing the site. Truck traffic accessing the site from points west via Holland Road/Route 58 shall access the designated haul route at the western end of the Route 13 Bypass. Copeland Road shall not be used for trucks accessing the site. 6. The proposed entrance on White Marsh 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

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  

Exhibit A – Planning Commission Recommendation Exhibit B – Property Map Exhibit C – Master Site Plan

Legend

GENERAL LOCATION MAP CUP2021-004

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: 02/25/2021

1.5

9 Miles

TY ST

DILL R

HUNT ER ST

ZONING / LAND USE MAP CUP2021-004

RE IN SEM

OLE

DILL RD

M-2

HO SI ER

U CO

RS H W HITE M A

Subject Property

User Name: Awood Date: 02/25/2021

1,500 750

1,500

3,000

4,500 Feet

ORDINANCE NO. ________________

AN ORDINANCE TO AMEND PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A SOLAR ENERGY FACILITY, ON PROPERTY LOCATED ON THE WEST SIDE OF WHITE MARSH ROAD, ZONING MAP 45, PARCELS 11, 11*1, AND 13; ACCOUNT NUMBERS 051467000, 053472200, AND 050755000; CUP2021004 WHEREAS, Jay Linke, Birch Creek Development, LLC., agent and applicant, on the behalf of William B. and Barbara J. Hunter, property owner(s), requested to modify previously approved conditions pertaining to the establishment of a solar energy facility on certain tracts 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 45, Parcels 11, 11*1, and 13 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", "Master 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 “Master 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 properties located on White Marsh Road, identified as Zoning Map 45, Parcel(s) 11, 11*1, and 13 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, “Master 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. Figure 1, titled Eastern Origination Route, from the submitted Traffic Impact Study dated May 2018, shall be used as the designated haul route for all truck traffic accessing the site. Truck traffic accessing the site from points west via Holland Road/Route 58 shall access the designated haul route at the western end of the Route 13 Bypass. Copeland Road shall not be used for trucks accessing the site. 6. The proposed entrance on White Marsh 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.

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 Stratford Solar Center LLC, agent(s) and applicant(s), on the behalf of William B. and Barbara J. Hunter, property owner(s), 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 Jay Linke, Birch Creek Development, LLC. agent(s) and applicant(s), on the behalf of William B. and Barbara J. Hunter, property owner(s), 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. 21-03-05 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION TO PRESENT A REPORT AND RECOMMENDATION TO CITY COUNCIL RELATING TO CONDITIONAL USE PERMIT CUP2021-004 TO AMEND THE PREVIOUSLY APPROVED CONDITIONS PERTAINING TO THE ESTABLISHMENT OF A SOLAR ENERGY FACILITY ON THE WEST SIDE OF WHITE MARSH ROAD, ZONING MAP 45, PARCELS 11, 11*1, AND 13; ACCOUNT NUMBERS 051467000, 053472200, AND 050755000; CUP2021-004 WHEREAS, Jay Linke, Birch Creek Development, LLC., agent and applicant, on the behalf of William B. and Barbara J. Hunter, property owner(s), has requested to modify previously approved conditions for an existing 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 modify conditions pertaining to C12-17 pertaining to the establishment of 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.

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, CUP2021-004, 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 CUP2021-004 CONDITIONS 1. This Conditional Use Permit is granted specifically in order to establish a solar energy facility, for properties located on White Marsh Road, identified as Zoning Map 45, Parcel(s) 11, 11*1, and 13 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, “Master 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. Figure 1, titled Eastern Origination Route, from the submitted Traffic Impact Study dated May 2018, shall be used as the designated haul route for all truck traffic accessing the site. Truck traffic accessing the site from points west via Holland Road/Route 58 shall access the designated haul route at the western end of the Route 13 Bypass. Copeland Road shall not be used for trucks accessing the site. 6. The proposed entrance on White Marsh 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 CUP2021-004

EXHIBIT B

45*11*1

ARS W HITE M

Subject Property

45*11

H RD

45*13

User Name: Awood Date: 02/25/2021

1,400

700

1,400

2,800

4,200 Feet

N/F WILLIAM B. HUNTER AND BARBARA J. HUNTER INSTRUMENT NUMBER 20080516000071410 PLAT BOOK 9, PAGE 30 TAX MAP # 45-13 45.0228 ± ACRES BY RECORD 44.9368 ± ACRES BY SURVEY

N/F WILLIAM B. HUNTER AND BARBARA J. HUNTER INSTRUMENT NUMBER 20120214000027540 PLAT CABINET 2, SLIDE 173-A (PARCEL 2) TAX MAP # 45-11-1 54.5411 ± ACRES BY RECORD 54.5373 ± ACRES BY SURVEY

N/F WILLIAM B. HUNTER AND BARBARA J. HUNTER INSTRUMENT NUMBER 20090817000110060 PLAT CABINET 2, SLIDE 173-A (PARCEL 1) TAX MAP # 45-11 54.4742 ± ACRES BY RECORD 54.5182 ± ACRES BY SURVEY

CUP2021-004

MARK D. HARRIS DOC #180005836 TAX MAP #45-12

MATTHEW RICHARDS DOC #010011765 TAX MAP #45-13-2

JACKIE REED DOC #190013939 TAX MAP #45-13-3

FAVOUR ENTERPRISES LLC DOC #000163730 TAX MAP #45-13-4

ANNA M & EMMA L SHORT DOC #000071380 TAX MAP #45-13-5

DENNIS W & AMBER V GODWIN DOC #160006809 TAX MAP #45-13-1

MICHAEL P LA GAMBARDEL 824 PG DEED BK 185, 10A-2 TAX MAP #45-

WILLIAM B HUNTER BARBARA J HUNTER DOC #000027530 TAX MAP #45-11A

JUNG BOK KIM SOOK YOUNG DOC #030011684 TAX MAP #45-10B

ENSIONS HIGHER DIM CH FMLY OUTREA 00 DOC #0001390 9 TAX MAP #45-

WILLIAM B HUNTER DOC #010013853 TAX MAP #45-17A

JUNG BOK KIM SOOK YOUNG TRUSTEES DOC #170004293 TAX MAP #45-10

MICHAEL P LA GAMBARDEL 824 PG DEED BK 185, 10A-3 TAX MAP #45642 ROAD - S.R. WHITE MARSHPUBLIC R/W) (30' WIDE

NOTES

SITE LEGEND

MASTER SITE PLAN

C200

EXHIBIT C

CITY OF SUFFOLK 442 W. WASHINGTON STREET, P.O. BOX 1858, SUFFOLK, VIRGINIA 23439-1858 PHONE: (757) 514-4060 FAX: (757) 514-4099

DEPARTMENT OF PLANNING & COMMUNITY DEVELOPMENT Division of Planning

March 16, 2021 Suffolk Planning Commission City of Suffolk, Virginia Dear Commissioners: Attached for your consideration is information pertaining to Exception Request CEX2021-001, submitted by 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 Overlay District to permit a black aluminum 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 District. The 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban Use District. Information and maps pertaining to this request are attached for your consideration. Please contact either myself or Brittany Colyer, the staff planner handling this case, if you have any questions in advance of the meeting. Respectfully submitted,

Robert P. Goumas, AICP Assistant Director of Planning /bac Attachments

STAFF REPORT DESCRIPTION EXCEPTION REQUEST: CBPA Exception Request CEX2021-001, to grant an exception to the development criteria and buffer area requirements of the Chesapeake Bay Preservation Area Overlay District to permit a black aluminum fence to encroach into the 100-foot Resource Protection Area Buffer. APPLICANT: Submitted by Antron Boone, Precision Building, LLC, applicant, on behalf of Gary and Barbara Allemand, property owners. LOCATION: The affected property is located at 2703 River Watch Drive, and is further identified as Zoning Map 26F, Parcel RB*77. PRESENT ZONING: PD, Planned Development Overlay District. EXISTING LAND USE: The subject parcel is located in the River Bluff subdivision and consists of an area of 0.330 acres. The property features a two story single family dwelling. PROPOSED LAND USE: Install a black aluminum fence, 54” in height, to encroach into the 100-foot Resource Protection Area Buffer. SURROUNDING LAND USES: North - Single family homes zoned PD, Planned Development Overlay District. South - Single family homes zoned PD, Planned Development Overlay District. Single family homes zoned OD, Planned Development Overlay District and the East Nansemond River. West - Single family homes zoned RC, Residential Compact zoning district. COMPREHENSIVE PLAN: The City’s 2035 Comprehensive Plan designates this area as part of the Central Growth Area, Suburban 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 Protection Area (RPA) and Resource Management Area (RMA). PUBLIC NOTICE: This request has been duly advertised in accordance with the public notice requirements set forth in Section 15.2-2204 of the Code of Virginia, as amended, and with the applicable provisions of the Unified Development Ordinance. Notice to the applicant, containing a copy of the staff report, was also sent on March 12, 2021. CASE HISTORY: The subject property is located within the River Bluff subdivision of Hillpoint Farms. The lot was created in 2013 and the single family dwelling on the site was constructed in 2018. No encroachments or exceptions have been applied for or previously approved for the

Planning Commission March 16, 2021 CEX2021-001 Page 2 of 5

property. STAFF ANALYSIS ISSUE The applicant is requesting an exception from the regulations of the Chesapeake Bay Preservation Area Overlay District to encroach into the 100-foot Resource Protection Area Buffer (RPA) 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. Aside from the proposed fence posts, no additional impervious area is proposed to encroach within the 100’ RPA buffer. The applicant has 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 cleared for a grass yard. The installation of fencing within the 100-foot Resource Protection Area buffer consequently results to the clearance of the buffer located within the fenced area. As such, per guidance provided by the Department of Environmental Quality, the construction of fencing within the 100-foot RPA buffer is in conflict with the Chesapeake Bay Preservation Area regulations and requires the approval of an exception to such regulations. Additionally, the installation of the fence will result in land disturbance for the installation of the posts within the 100’ RPA Buffer. CONSIDERATIONS AND CONCLUSIONS 1. This lot was platted and developed after the effective date of the City’s 1990 adoption of the Chesapeake Bay Preservation Area Overlay District regulations. The current residential structure, which was constructed after and in compliance with the regulation of the Chesapeake Bay Preservation Area Overlay District, is located outside of the 100-foot RPA Buffer. The proposed location of the black aluminum fencing would encroach into the 50’ landward portion of the buffer. 2. The Chesapeake Bay Preservation Overlay District, Section 31-415(d)(1)(A) specifies that tidal wetlands and non-tidal wetlands that are connected by surface flow and contiguous to water bodies with perennial flow are protected by a vegetated buffer area of not less than 100 feet in width located adjacent to and landward of wetlands. The property is located on the tidal waters of the Nansemond River. The survey that shows the proposed location of the requested fence identifies the location of CBPA wetlands on the property and the corresponding 100-foot RPA Buffer. 3. In accordance with Section 31-415(d)(1)(D), Buffer Area Requirements, to minimize effects of human activities on the other components of the Resource Protection Area (RPA) Buffer, State waters, and aquatic life, a 100-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering non-point source pollution from runoff shall be

Planning Commission March 16, 2021 CEX2021-001 Page 3 of 5

retained if present and established where it does not exist. Restoration and establishment of additional vegetation according to the CBLAD Riparian Buffer Manual is required in the RPA Buffer for the additional impervious surface area. Where practical, a vegetated area that will maximize water quality protection, mitigate the effects of the buffer encroachment and will be equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel. The applicant is not proposing to clear any portion of the buffer located outside or inside the proposed fenced area. No portion of the 100-foot Resource Protection Area Buffer is proposed to be cleared and there is no land disturbance associated with the installation of the fencing; therefore, no vegetation is needed for mitigation. However, when located on private property and enclosed within a fenced yard, the property owner often develops the impression that the 100-foot RPA buffer may be disturbed or cleared in order to establish a turf lawn. 4. The Chesapeake Bay Preservation Area Overly District requirements were amended in November 2003 to comply with a change in state law. In accordance with Section 31-415(f)(5) of the Unified Development Ordinance, the Planning Commission shall review the request for an Exception since the proposed fence is considered an accessory structure. Currently the site does not have any impervious area or structures that encroach within the 100-foot buffer. The proposed linear footage of fencing within the buffer will be 210 feet, and the encroachment is approximately 27 feet. 5. Per Section 31-415(f)(5) of the Chesapeake Bay Preservation Overlay District, a request for an exception to the ‘Development Criteria for Resource Protection Areas’ and ‘Buffer Area Requirements’ shall be made in writing to the Planning Commission. It shall identify the impacts of the proposed exception on water quality and on lands within the Resource Protection Area through a Water Quality Impact Assessment. The Planning Commission may grant the exception with such conditions and safeguards as deemed necessary to further the purpose and intent of the Overlay District if the following findings are made: a. Granting the Exception will not confer upon the applicant any special privileges that are denied by this Ordinance to other property owners in the Preservation Area District. This exception request involves the installation of a fence to enclose a rear yard on a lot that was recorded after the Chesapeake Bay Preservation Area regulations. With this request the applicant is proposing to install 210 linear feet of aluminum fencing within the 50-foot landward portion of the buffer. The installation of fencing within the 100-foot RPA buffer gives the perception that the area within the fence is able to be cleared resulting in clearance of the buffer. Additionally, the proposed fence is able to be installed outside of the 100-foot buffer. 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 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

Planning Commission March 16, 2021 CEX2021-001 Page 4 of 5

neighboring fences in the area”. And that it “Gives the customer actual backyard for pets”. Based on this information, it is staff’s position that the need does not meet the criteria established for an exception to the standards of the Chesapeake Bay Preservation Area Overlay. Additionally, it is important to note that similar requests have been denied, as the request would confer special privileges that have been denied to other property owners. b. The exception request is not based upon conditions or circumstances that are selfcreated or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels. 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. The proposed fencing is unable to be installed in a way to provide an enclosed rear yard for the property owners while staying outside of the 100-foot RPA buffer. The location of the home on the lot does not preclude the applicant from having a rear yard, as the placement of the home meets the dimensional standards as established within this Planned Development district. The desire to place a fence on the subject parcel for further enjoyment of the property is thus, a self-imposed condition. c. The

exception

request

the

minimum

necessary

afford

relief.

As previously stated, the requested installation of a black aluminum fence is proposed to be located within the 50-foot landward portion of the buffer. Due to location of the existing dwelling and buffer line, the fence would not be able to be kept outside of the 100-foot RPA buffer. d. The exception request will be consistent with the purpose and the intent of the Preservation Area District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality. Currently there is no encroachment of impervious area or structures within the 100foot RPA buffer at the subject property. This is due to the fact that the lot and residential structure was constructed after the adoption of the Chesapeake Bay Preservation Act. The installation of fencing within the 100-foot RPA buffer on this property is not consistent with the intent of the Preservation Area District. e. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. The proposed aluminum fence is relatively open and would not interrupt any surface flow on the site. Additionally, the applicant has stated that the portion of the buffer located within the fenced area would not be cleared and would be left

Planning Commission March 16, 2021 CEX2021-001 Page 5 of 5

untouched. The requested fence to encroach into the 50-foot landward portion of the buffer would not cause a degradation of water quality as proposed by the applicant. RECOMMENDATION Staff finds that the applicants’ request does not satisfy the criteria outlined in Section 31415(f)(5)(C) of 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. In that regard, staff recommends denial of Exception Request CEX2021-001: Attachments  General Location Map  Zoning / Land Use Map  Project Narrative  Exhibit A – Planning Commission Resolution  Exhibit B – Property Map  Exhibit C – Survey  Exhibit D – Proposed Fence

GENERAL LOCATION MAP CEX2021-001

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: 02/08/2021

0.5

3 Miles

ZONING / LAND USE MAP CEX2021-001 W NE

N CT TOW

E W CT

HILLPOINT RD

HIGHFIE LD RD

R O

S ND WI

A R TIN DR

AD DE RLY PL CT

RIVER W AT CH DR IV E

KIPP LING

H IG

CR OS

AI NT M

S LA NDIN G DR

Subject Property

RM R

O-I

PIP

ND LA RT

JONATHANS W AY

RT 58

User Name: Awood Date: 02/09/2021

400

200

400

800

1,200 Feet

Exhibit A RESOLUTION NO. 21-03-6 CITY OF SUFFOLK PLANNING COMMISSION A RESOLUTION FOR A CHESAPEAKE BAY PRESERVATION AREA EXCEPTION REQUEST FOR PROPERTY LOCATED AT 2703 RIVER WATCH DRIVE, ZONING MAP 26F, PARCEL RB*71, ACCOUNT NUMBER 254001682 CEX2021-001 WHEREAS, Antron Boone, Precision Building, LLC, applicant, on behalf of Gary and Barbara Allemand, property owners, has submitted an exception request for review pursuant to the provisions of the City of Suffolk’s Chesapeake Bay Preservation Area Overlay District Ordinance, which plans are attached hereto as Exhibit “C” and incorporated herein and hereafter referred to as the plans; and WHEREAS, the specific request is that an exception be granted under Section 31415(f)(5) of the Unified Development Ordinance to permit a black aluminum fence to encroach into the 100-foot Resource Protection Area buffer; and WHEREAS, the procedural requirements for the consideration of this request by the Planning Commission have been met. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Suffolk, Virginia, that: Section 1.

Findings.

The Suffolk Planning Commission: a) finds b) does not find 1. Granting the exception will not confer upon the applicant any special privileges that are denied by this Ordinance to other property owners in the Preservation Area District; 2. The Exception request is not based upon conditions or circumstances that are self-created or self-imposed, nor does the request arise from conditions or circumstances either permitted or nonconforming that are related to adjacent parcels; 3. The exception request is the minimum necessary to afford relief; 4. The exception request will be consistent with the purpose and the intent of the

Preservation Area District, not injurious to the neighborhood or otherwise detrimental to the public welfare, and is not of substantial detriment to water quality; and 5. Reasonable and appropriate conditions are imposed which will prevent the exception request from causing a degradation of water quality. READ AND ADOPTED:_________________________________ TESTE:________________________________________

PROPERTY MAP CEX2021-001

DRIV E

RIVER W ATCH

CRO SS

KIP PLIN

LY P L

LA N DING DR

AD DE R

EXHIBIT B

26F*RB*71

Subject Property

User Name: Awood Date: 02/08/2021

250

125

250

500

750 Feet

EXHIBIT C

CEX2021-001

EXHIBIT “D”

RESULTS OF THE CITY COUNCIL MEETING OF February 17, 2021

Approved w/conditions

A. CONDITIONAL USE PERMIT REQUEST, CUP2020-021, Heavenly Angel Healthcare Center: to grant a Conditional Use Permit to establish an Adult Day Care Center on property located at 430 N. Main Street, Zoning Map 34G11(A), Parcel 137.

Denied

B. CONDITIONAL USE PERMIT REQUEST, CUP2020-025, A Day With Deva Child Day Care: to grant a Conditional Use Permit to establish a Day Care (family day home, 5 to 12 children), on property located at 409 Keaton Way, Zoning Map 25G, Parcel 4*197.