Minutes 01/10/2023 - Laserfiche WebLink

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January 10, 2023 WHEREAS, under the current Zoning Ordinance, when Council denies Use Permit or Rezoning Applications the applicants are not permitted to re-apply until one year after the denial; and WHEREAS, the Virginia Code allows localities to provide for a one year waiting period for denied applications, but does not mandate any waiting period; and WHEREAS, the City of Suffolk zoning ordinance establishes a one year waiting period for denied applications, but allows City Council to vote to reconsider a denial during the waiting period; and WHEREAS, the power to reconsider denied applications provides City Council with more flexibility in administering the zoning process; and WHEREAS, subsection 15.2-2286(A)(7) of the Virginia Code authorizes City Council to adopt a resolution initiating the amendment of the Zoning Ordinance; and WHEREAS, any amendment which is proposed pursuant to this Resolution will be subject to public input, including through the formal public hearing process before the Planning Commission and City Council required by the Virginia Code; and WHEREAS, no amendment will be finally adopted until the specific language of the amendment is approved by City Council; NOW THEREFORE BE IT RESOLVED by the Council of the City of Portsmouth, Virginia, that staff is hereby authorized and directed to commence the process of preparing a proposed amendment to the Zoning Ordinance for the purpose of allowing City Council to elect to reconsider denied zoning applications.” Ayes: Hugel, Lucas-Burke, Moody, Tillage, Whitaker, Glover Nays: Barnes 23 - 21 - Adoption of a resolution confirming that holidays established by the City Manager pursuant to her authority under Section 2-111(a)(14) of the City Code constitute general holidays for the employees of the City of Portsmouth. Background:  Section 2-111(a)(14) of the City Code authorizes the City Manager to designate holidays to be observed by the City.  Typically, City Managers have used this authority to grant City employees an extra day or half day off in advance of Thanksgiving or Christmas.  Section 17.1-207(A)(1) of the Virginia Code provides that “\[t\]he clerk’s office of the circuit court of any county or city may be closed on any day which is established as a general holiday for the employees of such county or city by a resolution duly adopted by the governing body of such county or city and approved by the judge or judges of the circuit court and filed in the office of the clerk…”. Discussion:  Because Section 17.1-207(A)(1) requires a “resolution duly adopted by the governing body of \[the\] county or city”, in the past City Council has had to adopt separate resolutions for each individual day or half day holiday declared by the City Manager in order to allow the Circuit Court Judges to permit the closure of the Circuit Court Clerk’s Office.  This is inconsistent with City Code Section 2-111(a)(14), which allows the City Manager to declare such holidays without City Council ratification.  The Resolution offered for City Council consideration would constitute a blanket declaration that all holidays established by the City Manager from time to time pursuant to Section 2-111(a)(14) are general holidays for the employees of the City.  It is intended that the Circuit Court Judges be able to rely on this Resolution to satisfy the requirements of Section 17.1-207(A)(1) of the State Code for all future holidays declared by the City Manager.