Planning Commission - Regular Meeting

I called the May 21st, 2026 meeting of the Suffolk Planning Commission to order. This meeting is televised and video recorded for public viewing. I will call on Commissioner Thornton-Manuel for our invocation.

and turn from their wicked ways, then will I hear from heaven and will forgive their sin and will heal their land. Lord, as we are gathered here today, lay on our hearts and minds to make wise decisions that are just, righteous, and to think of the least of these. We pray for continued healing of war torn lands, that peace is the only solution. We pray for unity throughout our communities and that the great city of Suffolk can be a place of harmony and perfect peace. God, our children, as school comes to an end, we thank all the citizens who will come before us today to speak and have taken time out of their day to be here. With all things in your name, Jesus, we say amen.

Amen. Please stand if you can for the Pledge of Allegiance. Mr. Wein, would you please call the roll?

Yes, sir.

Commissioner Bauer.

Commissioner Creekmore.

Here.

Commissioner Edwards. Commissioner Goodman. Here. Commissioner Powell.

Here.

Commissioner Thornton-Manuel.

Here.

Vice Chair Hicks.

Here.

And Chairman Stahler.

Here.

Mr. Chairman, we have a quorum. Thank you very much.

THE MINUTES OF OUR APRIL 21st, 26th MEETING WERE INCLUDED IN YOUR PACKETS. ARE THERE ANY QUESTIONS OR CORRECTIONS? COMMISSIONERS? IF NOT, THEY STAND APPROVED AS PRESENTED. FIRST ITEM ON OUR AGENDA TODAY IS FAMILY TRANSFER SUBDIVISION PLAT FTR 2025-005. Mr. Wyand, would you read the caption?

Yes, sir. Family Transfer Subdivision Platt FTR 2025-005. Submitted by Taylor Dickinson, applicant on behalf of Kenneth Dickinson and Jolene Dickinson, property owner, requesting a subdivision, a family subdivision, pursuant to Section 31514. of the Unified Development Ordinance to approve a subdivision plat to create one new parcel on property located at 1293 Barnes Road. Zoning map 50, parcel 11 star 3. The affected area is further identified as being located in the Holy Neck Voting Borough, zoned A, Agricultural Zoning District. The city's 2045 comprehensive plan identifies this property as being located within the rural agricultural land use type. When you act on this request, you'll be acting on a resolution approving a family subdivision on property located at 1293 Barnes Road. Zoning map 50, parcel one star three. Account number 153890400. FTR 2025005. Staff planner Isabella Reynolds will present staff's report.

Thank you. Good afternoon, Mr. Chairman and planning commissioners. Before you today is a family transfer request to create one new parcel. The subject property is located in the agricultural zoning district. The 2045 comprehensive plan designates this property as being located in the rural agricultural land use type and located outside the growth area. The parcels to the north, south, east, and west of the subject property are zoned agricultural zoning district. The subject property shown above is owned by Kenneth and Joelle Dickinson and is located at 1293 Barnes Road. The property is approximately 17 acres in size from which the Dickinson's proposed to subdivide approximately one acre parcel to their daughter, Taylor Dickinson. The Dickinson's have owned the property since 2017, thereby meeting the three year minimum holding requirement before a family subdivision can occur. Neither Kenneth, Joelle, or Taylor Dickinson have received a previous family subdivision before this request fulfills those requirements. On the screen is the proposed family subdivision. The proposed new parcel is outlined in red. The lot dimension and building setback lines for the proposed new parcel are consistent with the underlining zoning district and has adequate space for a separate dwelling and drain field. A deed of gift for the grantee has been prepared in conjunction with this plat. The deed of gift prohibits the transfer of the property within 10 years of its receipt. Also, a sworn affidavit was signed acknowledging the purpose of this family subdivision is to provide separate places of residence for the grantee and to keep the family estate within the immediate family. In conclusion, staff has determined this family subdivision request does sufficiently satisfy the criteria for the family subdivision and the proposed parcel meets all zoning requirements as set forth in a unified development ordinance. Therefore, staff recommends approval of FTR 2025-005. I will be standing by for any questions following the public hearing. Thank you.

Thank you. Is there anyone here to speak on Family Transfer Subdivision Platte FTR 2025-005? Anyone here to speak? Seeing none, commissioners, questions, comments, or motion would be in order. We have a motion. Is there a second? Second. Been moved and seconded. Any other questions? Mr. Wine, call for the vote. Commissioners, please vote.

Mr. Chairman, the motion passes by a vote of 7-0.

Thank you, Mr. Wyand. No City Council action is required on this, so it stands approved. We'll now open the public hearings. First public hearing today, and Mr. Wyand will comment on the fact that the first two items are related. REZONING REQUESTS RZN 2025-00010 CONDITIONAL. MR. WINE, WOULD YOU READ THE CAPTION?

Yes, sir. Rezoning request RZN 2025-010 conditional Mount Lebanon Missionary Baptist Church submitted by Kimberly Williams, the Mount Lebanon Missionary Baptist Church applicant on behalf of New Dominion Pictures Inc. property owner in accordance with sections 31304 and 31305 of the Unified Development Ordinance to rezone and amend the official zoning map of the city of Suffolk. in order to change the zoning from M1, Light Industrial Zoning District, to O&I, Office Institutional Conditional Zoning District for property located at 1000 Film Way. Zoning map 26F, parcel 1A, star 1A, star A. The affected area is further identified as being located in the Chukotuck Voting Borough Zoned M1 Light Industrial Zoning District. The 2045 Comprehensive Plan designates this area as part of the central growth area office institutional land use type. When you act on this request, you'll be acting on a resolution to present a report and a recommendation to city council relating to rezoning request RZN 2025-010 conditional. And as you noted, Mr. Chairman, this item is related to the next public hearing item, which is a conditional use permit related to the use of Mount Lebanon Missionary Baptist Church. As such, staff will cover both items within one presentation. However, it is necessary to consider and vote on each item separately and hold public hearings separately for them. With that said, staff planner Isabella Reynolds once again will present staff's report.

Thank you. Good afternoon, Chairman and Planning Commissioners. Before you today is a request to rezone and amend the official zoning map of the City of Suffolk in order to change the current zoning from M1 Light Industrial to OI Conditional Office Institutional Zoning District on subject property located at 1000 Film Way. Also, a conditional use permit request CUP 2025-021 WAS SUBMITTED CONCURRENTLY WITH THIS REZONING REQUEST. THE CUP REQUEST IS TO ESTABLISH A PLACE OF WORSHIP LARGE AT LEAST 6,000 SQUARE FEET IN MAINE SANCTUARY. A CUP IS REQUIRED TO ESTABLISH A LARGE PLACE OF WORSHIP IN THE OI ZONING DISTRICT. THE REZONING REQUEST RZN 2025-010 MUST BE APPROVED PRIOR TO APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST. The subject property is located within the central growth area and is designated as office institutional land use type in the 2045 comprehensive plan. The subject property is currently zoned M1 light industrial. The properties to the north of the subject property are zoned M1 and RE rural estate. The properties to the south are zoned PD planned development. The properties to the east of the subject property are zoned PD planned development. And the properties to the west are zoned OI M1. On the screen is the rezoning exhibit provided by the applicant, which outlines in the shaded area the boundaries of the proposed rezoning request. The applicant is proposing to rezone approximately six acres from M1 light industrial to office institutional conditional zoning district for the purpose of establishing a place of worship on the subject property. On the screen is the conceptual plan that was provided by the applicant. The subject property used to be the location of the New Dominion Film Studio, which the applicant is proposing to renovate the existing structure to facilitate the church. The film sets on the property will be demolished and removed from the parking lot. The property will be accessed from Filmway and has two existing entrances serving the parcel. Due to the layout of the existing parking lot and the proposed locations of the parking spaces to ensure safe and orderly traffic circulation, there will only be an entrance-only and an exit-only access. The applicant is proposing 64 parking spaces, which satisfies the minimum requirement of parking spaces for the proposed use. A condition of approval for the CUP is the parking space and drive aisle shall be properly striped and marked. Additionally, parking shall only be permitted in designated parking spaces. No parking will be permitted on the grass or on film way. On the screen is the proposed interior floor plan of the proposed church. The proposed church will consist of 256 seats in the main sanctuary. On the screen is the zoomed-in view of the main sanctuary. The narrative provided by the applicant for the CUP states that the sum of the rooms will be used as classroom for Bible studies and other rooms will be used to support the church by office spaces. The proposed hours for Sunday are 7 a.m. to 1 p.m. Additionally, the applicant stated in the narrative there will be services and Bible study held occasionally throughout the week. The proposed Interior 4 plan will be conditioned as part of the CUP approval. Another condition of approval for the CUP is the number of seats in the main sanctuary shall not exceed 256 seats. The CETRC property is outlined in green. As mentioned earlier, the property is designated as the office institutional land use type, which on the screen is the blue portion. The proposed rezoning request is consistent with the goals and objectives outlined in the 2045 comprehensive plan. The proposed rezoning to office institutional zoning district is an applicable zoning district for the office institutional land use type. One of the primary uses for the OI land use type is civic, which the proposed place of worship is a civic use. Currently, the subject property is zoned M1, which permits some intense by right uses in close proximity to residential uses. The proposed rezoning to OI will permit uses more aligned with the character and the land use patterns of the neighborhood. The applicant provided a proper statement with the proposed rezoning request. The proper statement is, the following uses are permitted in the OI zoning district. And to ensure future compatibility with surrounding properties, a conditional use permit shall be required for hotels and motels, college or university, medical, general hospitals, schools, boarding, and flex spaces. If approval of this rezoning is granted, The proposed proffer statement will require future applicants to request a CUP, even though those listed uses are permitted by a matter of right in the office institutional zoning district. In conclusion, the proposed rezoning request is consistent with the 2045 Comprehensive Plan and the Unified Development Ordinance. The proposed rezoning from M1 light industrial to OI conditional office institutional zoning district aligns with the intent of the land use designation as a primary use for the OI is civic. Therefore, staff recommends approval of rezoning request RZN 2025-010 with a submitted proper statement. Additionally, staff finds that this DUP request does sufficiently satisfy the criteria set forth in the UDL. The proposed use is aligned with the land use designation of the comprehensive plan, and the proposed use is not anticipated to adversely impact the surrounding community. Therefore, staff recommends approval of conditional use permit request CUP 2025-021 with the conditions outlined in the staff report. Please be advised, as stated earlier, the approval of the CUP request is contingent upon the approval of the rezoning request. I'll be standing by for any questions following the public hearing. Thank you.

Thank you very much. Public hearings are for 30 minutes, 10 minutes for the proponents, 15 minutes for the opponents, and five minutes for the rebuttal by the opponents. We will now open the public hearing. Who would like to come forward and speak in favor of this rezoning request? Please give us your name and address, please.

Good evening or good afternoon, Mr. Chairman, members of the Planning Commission. My name is Grady Palmer. My business address is 222 Central Park Avenue in the city of Virginia Beach. One of the best parts of my job is representing churches when they find their permanent home. The Mount has been operating and leasing space out of Kings Fork High School, and so they finally found their permanent location. And I've actually had some history on the site over the years working on some of the easements associated with the water lines that run sort of the top of the screen a pretty major utility corridor. But it's real exciting to see a church move from a temporary space to a permanent home. And so if there are any questions that you have on this, I think it's probably better spent on that. But I want to thank the staff for working with us and working through this. When I came into this, I thought it would be a little bit easier than it was. But when you repurpose an existing building and parking lot, there are some challenges that lurk underneath the surface. And so we work through all those with your staff and I think what's before you today, the rezoning and the conditional use permit. This is a great use of the property. I think it will be a great addition to the Hill Point community, and I do ask for your approval. Thank you.

Thank you, Mr. Palmer. Is there anyone else here who would like to speak in favor of this rezoning request? Anyone would like to speak in favor of this rezoning request? Seeing none, is there anyone here who would like to speak in opposition to this request? Seeing none, this public hearing is closed. Commissioners, questions, comments, or motion is in order.

Yes, Chairman. Let me see, where do I start with this one? It's been a long time coming for this particular piece of property. It was exciting during this time for a movie theater, and now it's time to move forward. for the Mount to do great things for this community. I don't want to put anyone on the spot, but I do have a couple questions for Pastor Wilkins.

If you'd give us your name, please. Carl Wilkins. I reside at 1602 Gunston Drive here in the city of Suffolk, Virginia.

Thank you, sir.

I'M TRYING NOT TO CRY, BUT I AM VERY EXCITED FOR THE MOUNT TO TAKE OWNERSHIP OF THIS PROPERTY AND WE HOPE THAT WE CAN APPROVE THIS AND WE HOPE CITY COUNCIL CAN APPROVE THIS. IT'S BEEN A LONG TIME COMING. My one question for you, when you do get into this building, what are you going to do for the community?

That's a great question. For those who may not know about our ministry, we are a strongly rooted ministry that is deeply rooted in the community. There are multiple things that we do. as far as in building relationship with local organizations, businesses, schools, law enforcement, mentoring, and having the building, it gives us the opportunity, one, to have a place called home. We've been utilizing Kings Fork High School for the last five years, and as we all know, the area that we're serving is a growing area, and there's not a lot of building that can hold I guess the type of ministry that we're looking to complement this city. And we believe that we found one, which is 1,000 families. So what we will do, we'll continue to serve the city in the capacity in which we've always have. And again, I would encourage those who sit in the seat that don't know anything about our ministry to do just some study to see how we have partnered with the city and made our city better. And we just believe that having this building is going to give us the ability and the opportunity to do even greater works.

Yes, sir. That's the reason why I called you up here. So you're the best person that can speak on behalf. for people that don't know what you do for this community. And I think your church will be a good fit for that community and what you can bring to the city and unite with the other great churches that we have in the city. So I'm going to let my other commissioners have an opportunity to speak before we go forward.

Commissioners, anyone have any questions?

Yes. How many members do you have in the church? The church is going to be a good-sized church when all the seats are filled in this proposal. So how many members do you expect to have or do you have now?

Well, as of right now, the numbers that we're seeing on a regular basis is anywhere from 260 to maybe like 280. But one of the things that we're planning on doing is actually having multiple services. That's the way we're going to have to accommodate. Our service time right now is 9 a.m. And to accommodate any growing partners or members, you know, we'll make the adjustments just to make sure that we're still following the ordinance and the guidelines of the CUP.

Thank you very much. Yes, sir.

Commissioners? All right. I will entertain that. With conditions? Oh, okay. All right. We have a motion. Is there a second? Second. And moved and seconded. Any other comments? If not, call for the vote.

Commissioners, please vote. Mr. Chairman, the motion passes by a vote of 7-0.

We'll be moving on to the second item here, but I will say that... depending on the approval of the second item, this will go before city council on the June 16th, 26th at their council meeting. So thank you, sir. Next item on our agenda is conditional use permit request CUP 2025-00021 Mount Lebanon Missionary Baptist Church. Mr. Wine, would you read the caption?

Yes, sir. As noted, this is the companion application to that rezoning request that you just considered and moved to approve a resolution recommending its approval to city council. As such, staff has already presented our evaluation of it to you, but you do need to hold a separate public hearing for it. Conditional use permit request CUP 2025-021, Mount Lebanon Missionary Baptist Church, submitted by Kimberly Williams, the Mount Lebanon Missionary Baptist Church applicant on behalf of New Dominion Pictures, Inc., property owner in accordance with sections 31306 and 31406 of the Unified Development Ordinance to grant a conditional use permit to establish a place of worship large, at least 6,000 square feet in the main sanctuary, On property located at 1000 Film Way, zoning map 26F, parcel 1A, star 1A, star A. The affected area is further identified as being located in the Chukotuck Voting Borough, zoned M1, Light Industrial Zoning District. The 2045 Comprehensive Plan designates this area as part of the central growth area. office institutional land use type. When you act on this request, you'll be acting on a resolution to present a report and recommendation to city council relating to conditional use permit CUP 2025-021. Okay. As noted, you will need to open the public hearing on this item. Okay.

We'll now open the public hearing. Who would like to come forward and speak in favor of the conditional use permit?

Good afternoon again. For the record, my name is Grady Palmer, business address 222 Central Park Avenue in the city of Virginia Beach, and representing the Mount. Just for the interest of time, I just want to thank all the members of the church that came out here today. I know it means a lot to the commission in situations like this to have applicants really demonstrate support for applications, and so I want to thank them for coming out. I WANT TO THANK YOU FOR YOUR CONSIDERATION. I DO ASK FOR YOUR APPROVAL.

IS THERE ANYONE ELSE WHO WOULD LIKE TO COME FORWARD AND SPEAK IN FAVOR OF THIS CONDITIONAL USE PERMIT? SEEING NONE, IS THERE ANYONE WHO WOULD LIKE TO COME FORWARD AND SPEAK IN OPPOSITION TO THIS CONDITIONAL USE PERMIT? Seeing none, this public hearing is closed. Commissioners, questions, comments, or a motion would be in order.

I make a motion that we approve CUP 2025-021 and in conditions.

Second.

It's been moved and seconded. Mr. Wine, please call for the vote. Commissioners, please vote.

Mr. Chairman, the motion passes by a vote of 7-0.

This conditional use permit was approved and will go before City Council on June 17, 2026, with our recommendation for approval. Thank you, folks, for coming. Next item on our agenda is Conditional Use Permit Request 2026-00010, Busy Bees Learning Experience. Mr. Wine, will you please read the caption?

Yes, sir. Conditional Use Permit Request CUP 2025-0. One moment. Help if I read the correct caption. Conditional use permit request CUP 2026-010, Busy Bees Learning Experience, submitted by Rebecca Faulkner, applicant and property owner in accordance with sections 31306, 31406, and 31701 of the Unified Development Ordinance to grant a conditional use permit to establish a family day home for up to 12 children on property located at 113 Mallard Drive, zoning map 25E, parcel 3B, star 1. The affected area is further identified as being located in the Chukotuck Voting Borough, zoned RC, residential compact zoning district. The 2045 comprehensive plan designates this area as part of the central growth area, traditional neighborhood land use type. When you act on this request, you'll be acting on a resolution to present a report and recommendation to City Council relating to conditional use of permit CUP 2026-010. Staff Planner Kaitlyn Aubet will present staff's report on this item.

ALL RIGHT. GOOD AFTERNOON, EVERYBODY. SO THIS IS A CONDITIONAL USE PERMIT REQUEST FOR ANOTHER FAMILY DAY HOME. THIS LOCATION 113 MALLARD DRIVE IS JUST NORTH OF THE BYPASS. I'M GOING TO ZOOM IN A LITTLE BIT THERE. YOU CAN SEE THE PARCEL HIGHLIGHTED IN BLUE. PROPERTIES OFF OF GODWIN WITHIN AN ESTABLISHED RESIDENTIAL SUBDIVISION IS DESIGNATED AS TRADITIONAL NEIGHBORHOOD IN THE COMPREHENSIVE PLAN. Again, that's an aerial and you can see the property in blue right off of Mallard. The property is within the Burnett's Mill subdivision. It's zoned RC residential compact. I'm just going to talk a little bit about what's around the property. To the north is Sentara, which is zoned commercially B2. And then immediately to the south is Applewood, the subdivision that's zoned RM residential medium. So this proposal is for a family day home. Currently, the applicant does operate a family day home in the house. It's for four and less children in accordance with state code, which is permitted as a matter of right, and she is licensed. What the applicant is proposing is to expand that operation for up to 12 children. The age range would be infants for up to age nine. She does state in her narrative that for the grade school age, children would be possibly in the summer when they need care then. Currently and typically, she has infants through age five. Right now, the Family Day Home is operated by the applicant with no additional staff at this time. A lot of that is dependent on the state ratio. There's different requirements for staffing depending on the age of the children. Infants through 16 months have a different ratio as opposed to if you have toddlers or grade schoolers. So depending on what that ends up being, if she expands, she'll hire staff in accordance with state requirements. This is the applicant's sketch plan, and you can see kind of her property. I'm going to describe a little bit what's on the picture here. So dashed in the green is that outdoor play area. And requirement with the UDO, you need at least 1,000 square feet of outdoor play area, which she does have, and that's all fenced in a wooden fence. There was a trampoline in the backyard. She used to note that that's not there anymore. I have a few pictures and a couple of slides that show that that's not there. And additionally, we have our two required off-street parking spaces in the driveway, and then we have some on-street parking as well. So if there's any other additional employees that need to be hired or for parent drop-offs and pickups, they'll be able to park on the street in those spaces and drop off their children. The applicant does plan to stagger those drop-off times as well within her hours of operation. There's some pictures. Again, you can see the outdoor area in the back. It's fully fenced with a wooden fence, and then she has some play structures for the children. This is the applicant's floor plan of the inside of the home. So the area that's highlighted in green is the areas that are gonna be utilized for the family day home. The UDO requires if you have areas with furniture that you have to have 50 square feet per child. And so she's shown that she does comply with that requirement for up to 12 children. There's some photos provided the applicant just of the interior of her family day home operation. So in sum, this is very similar in scope to other family day home requests that we've received. Again, it's in an appropriate area. This is in an established residential neighborhood. Again, a little bit more dense, but the lot itself is of enough size that there could be children in the backyard. And we have restrictions on hours of play from eight to six. And it's appropriate for a single family residential neighborhood. additionally Mallard Drive does carry enough traffic that again with the staggered drop-offs About 24 in and out trips daily isn't going to make a massive impact on traffic Really what this ultimately represents is an expansion of an existing operating family day home And again, if the applicant is approved by City Council, then she will obtain state licensure again from that expansion of 4 to up to 12 We have our proposed conditions which you can see in the proposed draft definition ordinance as well that are just limiting any potential impacts. So in sum, staff recommends approval of this application with the conditions as proposed. Thank you so much. I'll be here if you have any questions.

Thank you, Caitlin. We will now open the public hearing. Who would like to come forward and speak in favor of this conditional use permit? Please give us your name and address, please, ma'am.

My name is Rebecca Faulkner. My address is 113 Mallard Drive here in Suffolk, Virginia. Good afternoon again. My name is Rebecca. I come to you today on behalf of Busy Bees Learning Experience. We was established October the 31st, 2022. We saw the need that I needed to be home with our middle schooler and high schooler. Contrary to belief, you would think that I needed to be home during their elementary school years. but they needed me more during their middle school and high school. I was always a sole provider and a physical provider for my children due to us being a military family, me being a military wife. During that time at home, I developed a passion for child care and obtained numerous of trainings and certifications that will be continued throughout my time doing my business. My very first family has been with me from the beginning. They now have a preschooler that is striving in the Suffolk public school system. I was able to provide him with a strong foundation to be ready for preschool. When he left my care, his family was confident that he was ready for preschool. This reflects my mission statement. I will always provide a safe and nourishing family day home WHERE CHILDREN CAN GROW AND LEARN AND HAVE POSITIVE RELATIONSHIPS. I'M REQUESTING THE EXPANSION OF MY CURRENT LICENSED FAMILY DAY HOME DUE TO THE NEED TO PROVIDE A LARGER CAPACITY FOR MY CURRENT FAMILIES AND OTHERS IN THE COMMUNITY. IT'S A DEMAND FOR CHILDCARE NOW IN OUR COMMUNITY. For an example, I do have a family now that's expecting their second child at the end of June. I'm providing care for their oldest child, and the expansion will allow me to provide additional care in keeping the families together. I am honored to be a recipient of the Minus 9 to 5 pilot program and the Economic Development Authority Family Day Home Grant. The Family Day Home, my Family Day Home, the pilot program helped my Family Day Home business. It gave us a solid foundation. It provided resources. It provided educational materials for my Family Day Home. It also helped me with my licensing and gave me financial support. The EDA funded my permit costs. Additionally, I have two people that couldn't be here today. I do have their letter of recommendations of Jaron Vanderhall. He is the Child Care Capacity Coordinator with Minus 9 to 5, and also Kimberly Clark. She's the Early Childhood Development Commissioner Manager. Thank you so much for your time and your support.

Thank you, Ms. Faulkner. Is anyone else here to speak in favor of this Conditional Use Permit? Please give us your name and address, please, ma'am.

I'm Courtney. My address is 1500 Dutch Road, Suffolk, Virginia. I am the little boy's mom that goes to preschool. I'm trying not to cry because she has treated us so well. I would like to personally recommend Busy Bees Day Care Expansion, owned by Ms. Rebecca Faulkner. I can honestly say she has been a blessing to my family. She's cared for my youngest son, Josiah, who is just a few months old, and if anyone knows me, they know that I'm very particular about where my children are. Ms. Rebecca has always provided a loving, safe, family-oriented environment, and I have never had any complaints. She truly treats the children like family. My son has now started preschool, and at least once a week, he tells me he wanna switch schools right now and go back to Ms. Rebecca's. I think that alone says a lot about the love and care that he has received there. Thank you.

Thank you very much. Is there anyone else here who would like to speak in favor of this conditional use permit? Give us your name and address, please, sir.

Good afternoon. Frank Reynolds, 7709 South Key Road, Suffolk, Virginia. I'm here to speak on behalf of Ms. Rebecca as well. My wife and I recently moved to the city of Suffolk in September of 2025. And with one child at that time, one year old, discovered that there was a devastating lack of childcare options within the city of Suffolk, the city that we now love so much. And so Ms. Rebecca was certainly heaven sent when we discovered her services and has been nothing but a blessing this entire time. You know, it is like the previous speaker said, you know, obviously we all are very particular about where we send our children, and I could not be happier with Ms. Rebecca's services. And the last thing I'll comment on, it was mentioned in the prepared remarks at the beginning that, you know, we drop off our child Monday through Friday, and I can count on two hands the number of times I've even seen the other parents. So certainly staggered approach for sure. And not a traffic issue. Thank you.

Thank you, Mr. Reynolds. We have a few minutes left. Anyone else here to speak in favor? If you would, sir, please give us your name and address.

Yes, sir. My name is Henry Dixon. I live at 4724 Camelia Drive in Suffolk, Virginia. My name, I am a representative of the City of Suffolk ECDC Provo Early Child Delivery Complex. EARLY CHILDHOOD DEVELOPMENT COMMISSION AND WORKED VERY CLOSELY WITH 9 TO 5 TO GET THESE HOMES CERTIFIED. I HAVE A COLLEAGUE ALSO. I LIKE TO SAY THAT ME AND MY WIFE HAVE OPERATED UNDER THE C.U.P. FOR OVER 25 YEARS. SO I KNOW WHAT SHE'S WENT THROUGH. I KNOW IT'S POSSIBLE TO MAINTAIN A GOOD HOME AND STABILITY UNDER THE C.U.P. AND I RECOMMEND THAT YOU PLEASE APPROVE THIS. THANK YOU.

Thank you, Mr. Dixon. We still have a few minutes. Anyone else here to speak in favor? Anyone else here to speak in favor? Moving on, is there anyone here who would like to speak in opposition? Anyone here to speak in opposition? Seeing none. This public hearing is closed. Commissioners, questions, comments, or motion is in order. Commissioners?

Yes, sir. I would like to make a motion to approve... CUP2026-0001-0 for the Busy Bees Learning Experience. I would like to make one comment. I appreciate everything that the Early Childhood Development Commission is doing to bring in these home daycare. It's much needed, and I appreciate all the people that came up to speak positive about the program. I appreciate that.

We have a motion and a second. Is there any other questions or comments? Seeing none, call for the vote. Commissioners, please vote.

Mr. Chairman, the motion passes by a vote of seven to zero.

This conditional use permit was approved and will go before City Council on June 17th, 2026 with a recommendation for approval. Thank you, Ms. Faulkner, and good luck at City Council. Moving on. Next item on our agenda is Ordinance Text Amendment OTA 2026-04. Mr. Wein, will you please read the caption?

Yes, sir. Ordinance Text Amendment 2026-04, initiated by the City of Suffolk for amendments to Sections 31-406, Table 4061 and Appendix A, Definitions of the Unified Development Ordinance of the City of Suffolk, Virginia. When you act on this request, you'll be acting on a resolution to present a report and recommendation to City Council relating to Ordinance Text Amendment OTA 202604. Staff Planner Gonzalo Borges will present staff's report.

Thank you, Kevin. Good afternoon, Mr. Chairman and members of the Planning Commission. I am bringing to you Ordinance Text Amendment 2026-004. Some of you are already familiar with this process. Others, it's going to be the first time. So there's a lot here to unpack. It's not super complicated, but there's several definitions and changes in the table. So please bear with me. For context, a little bit of background, on October 15, 2025, the city adopted ordinance number 250102, which created an arts and cultural district in sort of the downtown. THAT ORDINANCE HAS SEVERAL NAICS CODES. THOSE ARE CODES THAT REFER TO SORT OF USES, INDUSTRIES, RIGHT, THAT ARE ALLOWED WITHIN THIS ORDINANCE. SO THIS ORDINANCE IS TO FACILITATE THE ESTABLISHMENT OF CULTURAL INDUSTRIES WITHIN THE CITY. SO SOME OF THESE CODES WERE NOT ALIGNED WITH A UDO. SO THIS EXERCISE IS TO ALIGN OUR UDO WITH THAT ORDINANCE THAT WAS APPROVED ON OCTOBER 15, 2025. Important things to know, this is the area of influence of downtown or downtown influence area. We use these terms a little bit back and forth in the office, but officially it's downtown influence area. This is part of the ordinance. So the ordinance says that anything that is inside of these boundaries is up to be eligible for whatever parameters that the program, the arts and cultural program has. So that's an important thing to know. This is the area that we're looking at. This area of downtown is composed by a mosaic of different zoning districts. So we are doing alterations in this text amendment in different zoning districts, not just on CBD. CBD is one of them, but there are all of these other different ones in there. It is also important to say that the changes we do on these districts don't just change within these boundaries, but it changed within these districts in the city. So our process was very meticulous, very careful to not enable things that we don't want to see in other districts as well. So we were extremely careful with that. So I wanted to let you know that. So we consulted with different actors in the city. We did, obviously, our internal planning review. We reviewed the UDO. We reviewed the ordinance. We looked at all these codes and all of that. We saw what needed to be aligned and what made sense to do. In some instances, we had to modify definitions because the definitions that we had, either they were inexistent, we didn't have a definition, or the ones that were there were sort of not clear or they were not flexible enough to accommodate for these ordinance. We talked to the Downtown Advisory Committee, the DAC, We looked for direction in there. We presented as well to the Committee on Ordinances that some of you are part of. We collected all of that feedback from all of you, from other actors in the city, and other citizens as well, and we came up with these alterations. So what you're going to see going forward is indeed the changes that we are proposing. First thing that I want to bring to you is a microbrewery, microdistillery, microwinery, microsidery, or micrometery. Up until this point, we had only a use called winery or microbrewery. We did not include any of these other possibilities. And as we all know, in our research, and as you all know, I've probably noticed that there are several different cideries and distilleries and all of that popping up across the Hampton Roads. So we thought that the definition needed a little bit more of expansion, but at the same time, we needed to define what a microbrewery is. So we looked at state code, we looked at what other localities in Virginia were doing, and we figured it out that the threshold, the better threshold, was to consider a microbrewery, a microdistillery, a microwinery, a microsittery, a micrometery, an establishment that produces no more than 15,000 barrels per year or no more than 36,000 gallons of distilled spirits per year. So smaller production. And that's what we think that it will fit in some of the districts that you can see here. So this In this case, the table will have some alterations. We hope to make this microbrewery, et cetera, as permitted on B1, VC, which is Village Center, and CBD. Up until this moment, they weren't. So we are hoping to bring some of these synergies, some of these entrepreneurship with microbreweries into our downtown, into the Arts and Culture District, and perhaps into some other areas of the city that could see some of that use in there. Now, we have microbreweries and all that, but what about the ones that are not micro? We also had the need to define those. So in this case, these regular size breweries, they will be the ones that are more than 15,000 barrels. per year, or more than 36,000 gallons of distilled spirits. So anything that produces more than this, they will be considered just your regular brewery, meadery, cidery, et cetera. So it really depends on the size that you are looking at. These ones will be permitted on M1 and M2. Those are the two permitted uses that we are looking at. They will be conditional on B1, B2, VC, CBD, and FRRD, which is the Fairgrounds revitalization district right so two important things we are looking also at allow for Other accessory users, secondary users that come with these breweries, distilleries, we have noticed that a lot of them have sort of a little retail shop for souvenirs. Some of them have food. Some of them have tasting rooms. Some of them have live music. And they are generally family oriented. So we thought that it would be wise to include some of that ability. So we're hoping that certain things such as retail, tasting room, Lounge, restaurant, tap room, tavern are accessory uses to this. One other thing is entertainment after 10 p.m. So up until this moment, entertainment after 10 p.m. on M1 and M2 is not permitted because we are trying to allow these breweries to operate on M1 and M2, and they might want to have some sort of entertainment, sometimes karaoke or live music, something like that. We thought it would be wise to add these live entertainment after 10 as conditionally permitted on M1, M2. Depending on the cases, it will be up for analysis in your evaluation. So that's another change we're bringing to the table. As you can see a little bit to the right on the table, there's a C now where it used to be non-permitted on M1 and M2. Up until this moment, we had a use called arts, crafts, and boutique. This use did not have a definition. It's been used for essentially what we're looking here often, based on my understanding, but now based on our conversations with the zoning administrator, oftentimes was for smaller shops that had clothing or jewelry, et cetera. So we thought that this would be another opportunity for us to allow for folks that do ceramics, jewelry, et cetera, to have a space. So we changed the name on the table from Arts, Crafts, and Boutique to Arts, Crafts, Boutique, or Artisan Workshop, and we created a new definition. This definition sets This uses a primarily retail use, so the fundamental is the shop competence, but we also hope that the folks operating the smaller businesses can have their small workshop in the back. So we're allowing for something as maximum as 2,000 square feet sort of in the back for folks to work on their crafts and arts in there. So this would be primary retail in the front, with a workshop component in the back if the person decides to have. Once again, it will be not assembly line, nothing like that. It's a small business, one or two people working there making jewelry, letter goods, et cetera. There's no changes on the use table. It will keep the same uses as they are up until the moment. So this is sort of an expansion or clarification of the existing use that was on the UDO. Next, we have costume manufacturing. Costume manufacturing had a definition, but this definition, as you can see, it's a strikethrough, but maybe you can see it, was very focused on kilowatts and sort of mechanical things. And this seemed to have been written a little bit of a while ago, so we were thinking that This definition needed a little bit more of a flexibility and a sort of modernization coming with this ordinance. So we did not change the name, it's still Costume Manufacturing, but we changed the definition. So now this will be for primarily workshop, okay? So not retail, primarily workshop with limited production. without an assembly line, which is very important, for works of art, any crafts, or goods by hand manufactured. It involves hand tools, small scale, light mechanical equipment, and it does not generate or produce any exterior emissions. It's important that that is in place. This will allow for retail shops up to 2,000 square feet as well. It will primarily be for an artisan that, let's say, does ceramics, for example, that has that use, but we potentially allow folks to have a small retail area up to 2,000 square feet within their workshop so they can sell to the public within these districts. Once again, no changes on the use table. This is a use that already existed. It was used to sort of this, but the clarifications weren't Sorry, the parameters weren't as flexible as we thought they could be for this case. So cost of manufacturing, no change is not available, just sort of an update of the definition. Motion picture and video production. This is interesting because we just had a CUP in the rezoning that took away the video production, motion picture and video production, but hey, who knows, maybe in the future they might come in. And we know now with a lot of content being produced by and for the internet, who knows. So essentially we changed the name, because the name included the NAI, NAICS code we thought that was just redundant so we exclude that we offer a little definition which was not Existing with so we didn't had a definition for these industry for these use pardon so it's an establishment primarily engaged in producing or Producing or distributing motion pictures videos television programs or television commercials. We are adding some uses changes on the table so the idea is that THESE USE HAS THE OPPORTUNITY TO THRIVE IN DIFFERENT PARTS OF THE DOWNTOWN AND PARTS OF THE CITY. SO ESSENTIALLY THEY'LL BECOME PERMITTED ON B2 AND OFFICE INSTITUTIONAL AND CONDITIONALLY PERMITTED ON B1, VILLAGE CENTER, CBD AND FRRD. SO NEW OPPORTUNITIES FOR ECONOMIC GROWTH IN THE CITY. in this case. Theater. Well, we all know what a theater is, but the UDO did not define what a theater was. So we thought that before we get into this argument with people trying to open up a theater or whatever, let's make a definition. So we decided to go with, we look at definitions that other localities had in Virginia, and we thought this one was the simplest and perhaps the easier to work with. So this one will be an indoor facility with a permanent stage or screen for the presentation of live or recorded entertainment, and which contains an audience viewing hall or room. room with fixed seats so a loss for some flexibility if people want to move things around or it's or if they want to go with something that is more gallery established they can do that the only change on the use table here is allow it as conditional permitted conditionally permitted on b1 b1 it's more of a neighborhood scale commercial right so we thought that neighbor small neighborhood scale theaters for stage play, for comedy, improv, all of that. We have seen that across the Hampton Roads. There's some good examples of that. So we thought that, hey, why not to have that opportunity, also have those businesses, those organizations in the city as well as part of this ordinance. sound recording studio and other sound recording facility. So this is a new use, pardon, did not existed on the table. It was one of those that the ordinance called for. logically it's a form of art, right? So if we want an arts and culture district, the music is really at the core of this and podcasts and all those things that we have now. So essentially we created this use and we offer a definition. This definition defines this as an establishment that provides indoor audio recording production and post-production services to produce master recordings with sound attenuation. So all of these Have to be designed to attenuate sound so sound should not escape the room where it's being recorded produced This establishment might provide audio services for film television and video productions as an add-on to that regular audio work Changes on the table. This is new. So the whole this is going to be a new thing on the table. We are going with permitted on b2 CBD oi m1 and m2 so COMMERCIAL, CENTRAL BUSINESS DISTRICT, INSTITUTIONAL AND ALSO INDUSTRIAL WHERE GENERALLY YOU HAVE ALREADY NOISE BEING THERE. YOU HAVE ALREADY SORT OF THESE TYPE OF FACILITIES BEING ACCOMMODATED IN THERE. AND WE ALSO HAVE IT AS CONDITIONALLY PERMITTED ON B1, VC AND FRRD. RESEARCH AND DEVELOPMENT OFFICES. SO THE UDO HAS RESEARCH OFFICES AND RESEARCH LABS. WE NOTICED THAT RESEARCH OFFICES WERE NOT PERMITTED IN SOME AREAS OF THE CITY. AGAIN, THEY ARE OFFICES. IT'S AN OFFICE USED USUALLY LOW INTENSITY. SO WE LOOKED AT THE TABLE AND WE THOUGHT IT WOULD BE WISE TO HAVE THEM AS PERMITTED ON B1, B2, CBD, AND FRRD. Looking at the research side, it might not make much sense at first sight when you think of an arts and cultural district, but the reality is a lot of this technology, a lot of these new industries do cross with the arts and culture, so we thought that this would be potentially something that we want to have fixed as we go with this going forward, because sometimes they cross. And lastly, and this is the last one, business incubator, enterprise center, business accelerator. So these use three different names. They're similar for the most part. This is a new use. Upon conversations that we had with different folks in the city, we looked at this one as being one that people were asking about. What about incubators? So we looked at what other cities were doing in Virginia, North Carolina, and we thought that this could be something that the downtown or some other districts in the city could benefit from, particularly when we look at creating that sort of creative industry, that sort of entrepreneurship Business Incubator does fit into that reality. So I'm going to read the description for you. It's a little bit long, but essentially sets these spaces as a space that is managed by one owner and has multiple businesses there receiving the business development support, training, and all those things. Fundamentally, it's a facility under one single management and a single certificate of occupancy, providing professional workspace and developmental support for multiple emerging businesses. The use is characterized by stationary fixed base tenancy, shared professional infrastructure focusing on generally permitted by rights in the OI, CBD, and B1 districts, or otherwise permitted by the zoning administrator, as well as training and business development support. This use is distinguished from periodic commercial markets or multi-vendor shared dining environments, like food courts, by its requirement for continuous entrepreneurial residency and integrated business support functions. So you cannot have a flea market operating in this space. It would have to be sort of a business that meets these standards. At the same time, the businesses admitted into these incubators will have to meet THE REQUIREMENTS OF THE USE TABLE FOR OI, CBD, AND B1. SO THEY CAN ALL BE BUSINESSES THAT WILL BE ACCEPTABLE IN THOSE DISTRICTS. SINCE IT'S A NEW USE ON THE TABLE, THERE'S AN UPDATE ON THE TABLE. THESE USE WILL BE PERMITTED ON B1, B2, VC, CBD, OI, AND FRRD, PERMITTED BY RIGHT, OKAY? AND CONDITIONALLY PERMITTED ON M1, M2, WHENEVER MAKES SENSE. This ends my presentation. I'll stand by in case you have any questions. Thank you very much.

Thank you, sir. We will now open the public hearing. Who would like to come forward to speak in favor of this ordinance text amendment? Anyone here to speak in favor of this ordinance text amendment? Seeing none, is there anyone here who would like to speak in opposition to this ordinance text amendment? Seeing none, this public hearing is closed. Commissioners, questions, comments, or motion is in order.

Of course I have a comment.

First of all, thank you to the staff.

Thank you to the staff, first of all. for pulling together all of these, first of all, seeking out, and then pulling together all these definitions. I'm sure that none of us knew that there were so many missing definitions. And we are so appreciative that you delved in that way. Before I make my motion, I want to hint that one of the pieces that I would love to see, and I said this earlier, is glassmaking. So if you're listening out there in cyberspace, glassmaking downtown. Thank you very much. Now, a motion. I move approval of OTA 2026-004.

We have a motion on the floor. Is there a second?

Second.

It's been moved and seconded. Are there any comments or questions? I thought, Vice Chairman, that maybe you would go through all of that. We have a motion and a second on the floor. Any other comments?

I do. I have a couple questions. Okay. Maybe I was half asleep over here, but outdoor seating at the brewery, was that covered in underneath here, outdoor seating and entertainment?

No, I do not see. So the permit for the macro brewery, which is the first one we see, right? Permitted accessory uses shall include retail sales, tasting rooms, for beverages produced on-site in restaurants, right? And the brewery has as accessory uses retail, tasting room, lounge, restaurant, tap room, or tavern as accessory use. And then there's the live entertainment after 10 on M1, M2. But nothing regarding outdoor seating.

Are we not going to have outdoor seating?

No, it is permitted under the umbrella of the uses that are permitted now. So a brewery is allowed to have outdoor seating and it is evaluated for parking, for instance, based upon the number of tables. They provide so it is permitted there was no need for us to expand that definition to allow for it because it's already allowed the same thing with Live entertainment we updated the UDO About a year and a half maybe two years ago to clarify and to eliminate the need for a CUP for everyone who wants to do live entertainment so Any use in the city in which live entertainment is permitted can be done before 10 p.m. as a matter of right. After 10 p.m., if you want to do that, that does require a conditional use permit. Conversely, if you want to do it outdoors at any time, that is a CUP because that could potentially have negative impacts.

Got it. One last question. Which... underneath these new definitions, where does 3D printing fall underneath all of this?

Oh, that's a fantastic question. I think that depending on the nature of the business, if it's somebody that wants to really have a face on the street promoting their business, it will probably be the arts, crafts, critique, and artisan workshop because we believe that 3D printing falls into the sort of artisan workshop side. If the person does not want to have a face on the street and it's more like, I'll take orders from the internet and I'll ship them, et cetera, that's probably going to be the custom manufacturing, the one that fits more into that. So it really depends on what the applicant would like to do. All right. Yeah, that's it. Thank you. I appreciate that.

You're welcome. Thank you very much. I have one question for you.

across the street over there on the corner at the festival park. That's not a theater. Is that prohibited or not? On the outside? Yes.

Kevin, can you?

Yes, so that specific use did acquire a conditional use permit for a park in order to conduct that activity. The majority of our events as it relates to live entertainment do conclude before 10 p.m., so they would be permitted as a matter of right regardless. Okay. And that's a relatively new one. I forgot about that. With that update, we did exempt the city from that requirement. Okay. As we're good stewards.

Commissioners, any other comments or questions? If not, call for the vote.

Commissioners, please vote.

Mr. Chairman, the motion passes by a vote of seven to zero. Okay, this ordinance tax amendment was approved and will go before city council on June 17th, 2026 with our recommendation for approval. I might just make a comment here. As far as 3D printing, some of us got a tour of the new library between our meetings and in one of the rooms in the new library. That will be 3D printing material. a 3D printer and all the necessary things to go along with it. And so our city will be offering that for the citizens of the city in the new library. I thought that was very interesting. Next item on our agenda is Ordinance Text Amendment OTA 2026-05. Mr. Wein, will you please read the caption? Of course.

Ordinance text amendment OTA 202605 initiated by the city of Suffolk for amendments to section 3146 table 406-1 section 31701 accessory uses and structures and appendix A definitions of the unified development ordinance of the city of Suffolk, Virginia. When you act on this request, you will be acting on a resolution to present a report and recommendation to city council relating to ordinance text amendment OTA 2026-05. Once again, busy this afternoon. Staff Planner Isabella Reynolds will present staff's report on this item.

Good afternoon again, Chairman and Commissioners. Staff will now be discussing the proposed changes to the supplemental standards for accessory dwelling units. What are ADUs? Accessory dwelling units, more commonly known as ADUs. They can also be referred to as in-law suites, granny flats, or accessory apartments. The state defined ADUs as independent dwelling units on a residential dwelling lot with its own living, bathroom, and kitchen space. Staff has proposed a revised definition of ADUs in the UDO. The new definition will be a clearly subordinate dwelling unit, which provides complete living, sleeping, sanitation, and cooking facilities. That is suitable for occupancy as one dwelling unit, which may be internal, attached, or detached from the principal dwelling. As stated in the definition, ADUs can either be attached to the primary dwelling or detached. And as you can see on the screen, there are many different ways you can do ADUs. Who do ADUs serve? By going back and looking at the previous ADUs that have been approved in Suffolk, there were a variety of reasons a property owner requested an ADU. One reason is senior citizens. Property owners have requested conditional use permits for ADUs for their elderly parents to live in. This allows senior citizens to retain a sense of independence while having their family nearby in case of potential emergencies. ADUs can also provide senior citizens an opportunity to age in place. For some, maintaining a large dwelling can become challenging. ADUs provide a small, more manageable housing option for elderly citizens that does not involve them moving off their property. Another recurring reason is persons with disabilities. There have been approved conditional use permits for ADUs for persons with disabilities to live in. This enables the person to have a sense of independence by being able to live in their own dwelling. It also allows the primary caretaker to live in the main residence nearby where they can still provide adequate care. Most of the time in these cases is the parent who will live in the primary residence while moving their child into the ADU. Another common reason for ADUs is keeping family units together. Given the increase of cost in home ownership, many young families are struggling to find houses. One solution is the parent moving into the ADU on their property and allowing the child and the child's family to move into the primary residence. ADUs are not a new concept in the city of Suffolk. They have been around for at least 27 years. As you can see here on the screen, 54 ADUs have been approved since 1999. Prior to 2017, all ADUs required a conditional use permit no matter what zoning district the property was in. An OTA was approved in 2017 that revised the ordinance to allow ADUs by right in the agricultural, rural residents, and rural estate zoning districts. So why is staff now proposing changes to the standards for ADUs? On April 13th of this year, the governor signed a bill, Senate Bill 531. This bill changes the way localities can regulate ADUs. This bill permits ADUs by right in all single-family zoning districts. This bill has a delayed effective date of July 1st, 2027. However, staff is proposing this OTA in order to come into compliance with state regulations prior to the enactment of the bill. The changes in the supplemental standards are in red. The change in the standard here is driven by permitting ADUs by right in residential zoning districts. By forgoing the requirements of CUPs for ADUs, it no longer makes sense to regulate the intensity of the use. Now, ADUs will be required to comply with lock coverage. By lock coverage, staff means impervious surface coverage requirements for the zoning district. Some of the changes to the supplemental standards is driven by enforceability. One of the changes is instead of gauging occupancy of the ADU by square footage, ADUs will now be capped at two bedrooms. The proposed supplemental standard is similar to Isle of Wight, which states no more than two bedrooms are permitted in an accessory apartment. The proposed supplemental standard will ensure ADUs remain subordinate to the primary dwelling on the property. The supplemental standard that required the zoning administrator to review ADUs for compliance on an annual basis has been removed. Staff is proposing to remove this standard as it is outdated and was not easily enforced by the city. The proposed standards here are any detached ADU in the agricultural Rural residents and rural estate zoning districts on lots greater than four acres should not be located more than 400 feet from the primary structure. Staff thought it was important to preserve prime agricultural land in the agricultural zoning districts. Also ensures that the ADU remains subordinate to the primary dwelling and does not get lost on a larger parcel. 400 feet is close to being an acre away, which staff believe was an adequate distance if the property owner does not desire to live in close proximity to the ADU. A new supplemental standard is any detached ADU must obtain a certificate of occupancy prior to use as a dwelling unit. Staff determined that the supplemental standard will apply specifically to detached ADUs, as many detached ADUs are conversions of existing accessory structures on the property. A common conversion is taking an existing shed and converting it into an ADU. Sheds and dwelling units have different requirements, especially for human occupancy. By requiring applicants to obtain a CO, it ensures that any detached ADUs are livable and safe. Additionally, this is also a building requirement. Another new supplemental standard is any detached ADU shall have clear, maintained, and unobstructed means of egress to the public right away. A neighboring locality, Hampton, has a standard for ADUs which is a clearly identified, unobstructed pathway shall be provided from the public right away to the primary entrance of the ADU. Staff thought it was important from a life safety point of view to ensure adequate ingress and egress is maintained for the occupants of the ADU. As previously mentioned, the governor signed a bill about ADUs. This bill allows localities the ability to regulate ADUs and to be leased out for 30 consecutive days or longer. As of right now, ADUs cannot be rented out. However, staff is proposing a standard which will allow ADUs to be rented out for 30 days or longer. This does not mean short-term rentals of ADUs are allowed, as short-term rentals are not permitted of use in the city of Suffolk. This will open the door to new housing options for renters who do not desire to live in an apartment but cannot afford to rent out a whole house. This also allows for property owners to have a passive source of income, which in today's world could be extremely beneficial to the property owner. Another Hampton Roads locality, Newport News, currently allows ADUs to be leased out, but the lease term should not be less than 30 consecutive days. Currently, one additional off-street parking space is required when adding an ADU to the property. Staff thought this requirement could be a burden to property owners, especially ones who live in more dense zoning districts. By adding additional parking space, you are increasing the impervious coverage on the property. On lots that are compact, the requirement of additional parking space would push the property over the impervious surface coverage, and thus the ADU would not be permitted. ADUs are often presented as a way to age in place, which means the potential residents could be elderly with limited need to drive, therefore eliminating the need for additional parking space. The proposed standard would not require additional off-street parking space as long as the primary dwelling has the minimum required parking, which is two spaces. If the primary dwelling does not have the minimum required parking, an additional off-street parking space will require for an ADU. The City of Norfolk does not require any additional off- ALL STREET PARKING FOR ADUs AS LONG AS THE PRINCIPAL DWELLING PROVIDES THE MINIMUM REQUIRED PARKING. ON THE SCREEN IS THE PROPOSED CHANGES TO THE TABLE OF USES. AS PREVIOUSLY MENTIONED, THE GOVERNOR SIGNED A BILL WHICH PERMITS ADUS BY RIGHT IN ALL SINGLE FAMILY ZONING DISTRICTS. THIS MEANS THE CITY CAN NO LONGER REQUIRE PROPERTY OWNERS TO OBTAIN A CONDITIONAL USE PERMIT TO BUILD AN ADU. STAFF HAS REVISED THE TABLE OF USES TO PERMIT ADUS BY RIGHT IN THE ZONING DISTRICTS THAT PERMIT SINGLE FAMILY DWELLINGS BY RIGHT. Currently, both detached and attached ADUs are permitted by right in the agricultural, rural residents, and rural state zoning districts. Attached ADUs are permitted by right in the residential low, residential low-medium, and residential medium zoning districts. ADUs will now be both attached and detached, will be permitted by right in the following zoning districts. Agricultural, rural residence, rural estate, residential low, residential low medium, residential compact, residential urban, residential urban 12 and 18, the village center, central business district, and the fairgrounds redevelopment district. In conclusion, staff is proposing to amend the ordinance on ADUs to ensure compliance with the state code and the recent state bill. Overall, staff's goal with amending the ordinance on ADUs is to make it easier for property owners to retain and build ADUs. By making ADUs more accessible, there will be more housing options for the residents of Suffolk. Therefore, staff recommends Planning Commission forward OTA 2026-005, recommendation of approval to City Council. I'll be standing by for any questions following the public hearing. Thank you.

Thank you, Ms. Reynolds. We will now open the public hearing. Who would like to come forward to speak in favor of ordinance text amendment? Anyone here to speak in favor? Seeing none, is there anyone here to speak in opposition? Seeing none, this public hearing is closed. Commissioners, questions, comments? Our motion is in order.

Yes, sir. I have questions. Yes, ma'am. All right. Can someone convert their garage into an ADU?

Absolutely. That's a perfect example of when it would be appropriate and when you clearly have a dwelling on the property that is clearly subordinate to the existing primary dwelling. So we envision a lot of folks being able to utilize this amendment to do that.

My next question, the 30-day rental, so someone can operate an Airbnb as an ADU?

No. The purpose of that provision is to essentially strictly prohibit that short-term rental. It will allow for No less than 30-day rentals the majority of short-term rentals are far less than that the purpose of this legislation from the state level and largely within the planning profession is to Try to navigate and attack the the larger affordable housing crisis and the supply and demand issue that has really impacted housing across the spectrum. And short-term rentals play a key role in reducing housing supply because otherwise those would be units that would be on the market. So it's important that we continue to, in my opinion, not allow short-term rentals in the city of Suffolk. We've not seen the demand for that, quite frankly. And we have a very active zoning staff that monitors the websites in which people market them. so we can actively enforce our provisions.

I mean, I'm all for ADUs, but this is going to create a nightmare for HOAs.

THAT'S A VERY GOOD POINT. THE CITY IS NOT INVOLVED IN THE ENFORCEMENT OF ANY COVENANTS AND RESTRICTIONS AS IT RELATES TO PRIVATE HOAs. HOWEVER, WHEN WE APPROVE SUBDIVISIONS, WE DO REQUIRE THAT THEY SUBMIT THEIR COVENANTS AND RESTRICTIONS THAT WILL ULTIMATELY BE RECORDED JUST FOR OUR FILE. WE'RE NOT REALLY REVIEWING THEM. JUST KIND OF HAVE THEM THERE. But with that said, the majority of development in the city of Suffolk has happened post say 1996 or so. Most of those new subdivisions have HOAs strictly because someone needs to manage the open space and primarily stormwater. With that said, it's highly likely that the majority of HOAs probably restrict the rental of an accessory dwelling unit anyway are prohibited, but that would be a private HOA issue.

Yeah, but as it's written right now, we cannot restrict because of the way it's written by law.

Correct? The city does not enforce the provisions of private HOA's covenants and restrictions. We will discuss internally when it comes to submittal of applications for these types of units from a zoning perspective, potential submittal of those documents so we can review them because we don't want to get into an issue where the city is potentially setting up a private property owner to have a direct conflict with their HOA. So it's important. to the conversation. Ultimately, the city will enforce the UDO and the Code of Virginia as it relates to this issue, but we are not in the business of enforcing private covenants and restrictions.

Commissioner, if I can add to that. The city is specifically prohibited by the code section to require or to even suggest to a developer when they're setting up their HOA that they should restrict these accessory dwelling units. It's a little vague as to whether or not new HOAs can have that restriction, so they will have to consult with their own attorney. It appears that there's a provision that allows existing requirements to continue forward. Again, the HOAs would need to consult their attorney to determine what's enforceable and what's not enforceable. But this is not something that we have an option to do or not to do, we are now required to do it.

I just want to get an understanding. I mean, it's going to be a nightmare. I'm all for ADUs, but I just want to make sure we got a clear understanding.

Commissioners, questions, comments, or a motion would be in order.

a lot of work for you to do to give us less work to do, and I thank you. And now I have a motion. I move that we approve OTA 2026-005. Okay, we have a motion.

Is there a second? Second. It's been moved and seconded. Any additional comments?

I want to make one quick comment. I don't know who's doing the PowerPoints, These are very entertaining. Every time y'all do something, it's like, what y'all going to do next? I really enjoyed the PowerPoint, so thank you. Any other comments?

If not, please call for the vote. Commissioners, please vote.

Mr. Chairman, that motion passes by a vote of seven to zero.

Okay, ordinance text amendment was approved. We'll go before city council on June 17th, 2026 with our recommendation for approval. Appears we have no old business. Under new business, significant land use item. Mr. Wine?

Yes, sir. It's been... Quite a while since we all presented you with a significant land use item if you recall we established the significant land use item process as a means to provide you and City Council with information regarding what we deem significant land use items prior to the scheduling of the public hearing and that is directly related to the size of the project or the intensity of the project. We call it our hundreds rule. If it's a property of 100 acres or use of 100 acres or greater, residential 100 units or more, or commercial uses that exceed 100,000 square feet. This is a more unique use that we will be talking with you about. It is the Myrtle Mitigation Bank. This is a large property located on the far western end of the city. A portion of it actually is in the county of Isle of Wight. And I don't believe, at least in my time here, that this has been a use you all have considered before. But we're lucky to have our land use planning manager, Caitlin Albit, who is gonna walk you through this one, let you know what mitigation banks are and how they function on a regional level, why they're important, and where this project is located. Caitlin.

Thank you, Kevin. So two maps just to kind of contextualize where this project's going to be. Again, large property. You see it's way out to the west there, right on the border between Isle of Wight County and the city of Suffolk. Again, continuous parcels, partially located in Isle of Wight County, partially located in Suffolk. On the right-hand zoning map, what's highlighted there is the portion of the parcel that is in the city of Suffolk. That's about 212 acres highlighted in yellow. IT IS ALL ZONED AGRICULTURAL ZONING DISTRICT. AND OUT THERE, IT'S ALL DESIGNATED AS RURAL AGRICULTURAL AS WELL. SO VERY HIGH-LEVEL OVERVIEW. I'M GOING TO TALK ABOUT THE CURRENT CONDITIONS ON SITE AND WHAT'S BEING PROPOSED HERE. SO CURRENTLY THIS IS SILVICULTURE. IT'S A LOBWALLE PINE FARM. SO AS THESE OPERATE, THEY GET LOGGED AND THEN THEY GET REPLANTED. CURRENTLY IT'S BEEN REPLANTED FOR A COUPLE OF YEARS. What the proposal here by the applicant is to establish what's called a wetlands mitigation bank. It's going to serve two watersheds. What mitigation banks are really meant to do is where there's development elsewhere and they need to mitigate impacts on the wetlands, they purchase credits. And what they do on this property where they have wetlands that have been degraded, they actually go and restore those wetlands to optimal state. And so that involves plugging and planting and seeding with native plants. And then in partnership with the US Army Corps of Engineers and then the state level, that's DEQ, would work to have this be a bank where, again, developers, off-site users could buy credits. And again, feeding both of those watersheds, Chowin River and I was, was it Chowan? Chowan, thank you. Chowan. So again, two different watersheds. Again, it's a pretty lengthy process the applicant has to go through. There's our process with our conditional use permit. They also have to go through a process with the U.S. Army Corps of Engineers. What they do is a prospectus and go through permitting. So they've noticed, they submitted a prospectus to the U.S. Army Corps already, and that notice has gone to Isle of Wight, it's gone to us. And then there's also level the state level permitting they have to do for this This is a map of again the properties that are in the city and I WANT TO POINT OUT A COUPLE OF THINGS THAT ARE SHOWN HERE ON THIS CONCEPTUAL PLAN. YOU'LL SEE RED, THAT'S THE BOUNDARY BETWEEN US AND ISLE OF WHITE. THE PINK DASHED ON THE OTHER SIDE, THAT'S THE PORTIONS OF THE PROPERTIES ON ISLE OF WHITE. WETLANDS MITIGATION BANKS IN ISLE OF WHITE, THEY'RE PERMITTED AS A MATTER OF RIGHT IN ISLE OF WHITE. ON THE SUFFOLK SIDE, THAT WOULD BE THE CONDITION OF USE PERMIT IN OUR JURISDICTION. Blue dash and then on our side that's kind of highlighted in the tan color again that's the extent of the property and where the project's going to be. You'll see that there's two colors so there's blue dash and green dash and you kind of see the legend with that. The blue dash is that larger like general mitigation bank and that's for various users who would apply through DEQ to purchase credits. What's shown in almost like a triangle in the green dash is what they're calling is an ecological restoration project. It's functionally the same as a wetland mitigation bank however That project, the wetlands legislations and the credits are gonna be for a specific user and a specific development. So just some next steps. This will be considered hopefully by you all at your June 16th meeting at public hearing and then from that point tentatively city council on July 15th. Thank you so much. I'll answer any questions you have. Thank you.

Thank you. Anyone have any questions? I had questions, but I got to ask Kevin when we met before the meeting. So this is, you know, we bump into something like this on some of the projects that come forth, and they have a wetland area, and It's my understanding that developers would be able to purchase offset in this area. So it's something that I would think will be beneficial for the city. Kevin, do you have any other comments?

Other than I agree with you, Commissioner Edwards, we're fortunate to have some really, really awesome staff, really talented folks, and it's a pleasure to be able to work alongside them. So thank you all for your time.

All right. Status report, city council meeting. Mr. Wayne?

We were able to give you that last month because of the weirdness of the month. It was one of those where their meeting came before yours. Ironically enough, this happened this week as well because of the state of the city. However, last night was a whirlwind, and I don't remember what happened. No. Okay. No, stay tuned. They took action, I think, on seven total items, and we'll report in more detail next month.

Fantastic. I will comment that our next meeting is June the 16th, 2026, and I believe that's prior to the city council meeting. Is that right? They meet the 17th, so do we beat them to the punch next month as well?

Let me see.

I believe they met before you. Let's check and make sure.

Yep. So we're kind of back on our normal schedule. They will meet the day after you all next month.

Okay. Very good. Comments? Commissioners? Start over here.

I THINK IN THE PAST COUPLE OF MONTHS, WE'VE HAD A LOT OF GREAT THINGS COME BEFORE. PLANNING COMMISSION AND CITY COUNCILS, I JUST WANT TO THANK THE PLANNING DEPARTMENT FOR ALL THE WORK THEY'VE BEEN PUTTING INTO THESE PACKAGES. WE ALSO THANK THE CITIZENS FOR COMING FORTH, EXPRESSING THEIR CONCERNS. WE HEAR YOU. You're making an impact, and the state of the city address was great on Tuesday. I'm looking forward for the library to open up. So with that, I say good night.

Thank you. Commissioner Creekmore?

Yes. The only comment I have is we have a new TV at home, and I was fiddling around with this new TV, and... If you have the opportunity to go into YouTube, and particularly the city provides videos of our sessions here. I mean, the city council. But also, speaking of what we just went through today with very involved procedures and things like that that have to be done, by citizens and also by commercial businesses. There is a video that the planning department provided, I'm sure, that tells people, citizens and commercial folks, how to change a zoning or how to do a zoning request step by step. And I think it's very, If you haven't seen it, it's very informative, very simple. I mean, for us, I mean, we all work with this all the time, but citizens don't and businesses don't. And the question I had when we were going through all of this with the changes in all of our procedures and how to do things and all of that sort of thing with the city, there are a lot of people who really don't understand that. and they have to get help, and the help is provided by the folks in the planning department, which we have an outstanding planning department that does that, but to get basic information, it's on YouTube. Anything, it's amazing to me, YouTube is, you know, you can get anything. You can ask a question, and it'll come up, you know, for anything that, that you can think about. But anyway, I just wanted to say that it's very good, that particular thing, but also they provide, you don't have to go into what we do. It's all on video, so on YouTube. So anyway, that's all that I've got, but it's very informative. Thank you.

Thank you, Commissioner. Vice Chairman Hicks.

Just a couple of comments. First of all, it just doesn't go without saying. You guys, I don't know what Kevin and Meg have done lately, but it is really reflected in our meetings. Our monthly meetings, we love the newness. So whatever it is you guys did to them, thank you and keep doing it. And then my last comment is, With all the things going on in the world, I just feel like we need to remember for real our armed citizens on Memorial Day, and that's coming up this weekend.

Thank you, Vice Chairman Hicks. Commissioner Goodman? I think he said bye. Tom Powell?

Just a couple things, because I know he wants to get out of here. Amen. I'm excited about all that zoning stuff that you did. I hope that really charges people to go do some of these things and really put some feet on pavement out here in the city of Suffolk. I'm excited about that. And then for the church, the Mount, that's coming in here. I have personally, for what I do as a marketing strategist, I have two or three churches and one school in that building. So divine appointments, I think, happened today. I'm excited to see what's happening on that corner.

That's good. Thank you. Commissioner Edwards. I'll just make a brief comment. I mentioned it earlier that some of us got a tour of the new library, and it's going to be one fantastic addition to our city, and I think it's going to serve the citizens of our city so well. It's got so many moving parts and things that we haven't had in the past, and I'm excited that that's right around the corner. Also, some of us visited, were invited in the state of the city, and that was quite a production. We were looking at, Commissioner Edwards made some comments, and the presentation there, including the mayor's presentation, was quite well done and very, very professional. And, Johnny, I think you missed it this year. You can maybe probably see it on YouTube, but it was awesome. So thank you all for being here today, and thank you for your attention that you... make on each and everything that comes before this body. And with that, other than saying, Vice Mayor Ward, thank you for sticking your head in here at the end. And Commissioner, I mean, Councilman Rector, thank you for being with us. I can call him Commissioner because he has been Commissioner longer than he's been Councilmember. So thank you all for coming, and we stand adjourned.