Planning Commission/Wetlands Board

CITY OF HOPEWELL, VIRGINIA MEETING OF THE PLANNING COMMISSION CITY COUNCIL CHAMBERS, 300 NORTH MAIN STREET THURSDAY, JULY 11, 2024 6:00 p.m. MINUTES I. Call to Order Chairman Reynolds called the session to order at 6:00 p.m. II. Roll Call Members Present: Paul Reynolds, Chairman Carlos Roman, Vice-Chairman Rip Ballou Patience Bennett Todd Butterworth Members Absent: None Staff Member present: Christopher Ward, Director III. Determination of Quorum A quorum was determined. IV. Invocation by designated Commission Member Prayer rendered by Commissioner Butterworth. V. Administrative Matters 1. Withdrawals/Deferrals/Amendments to the Agenda None 2. Review and take action on previous meeting minutes Commissioner Reynolds made a motion to approve the meeting minutes from the Planning Commission’s regular meeting held on June 13, 2024. The motion passed 5-0. Planning Commission Minutes July 11, 2024 Page | 1 VI. Public Hearings 1. Zoning Ordinance Amendment (ZOA) – B-1 Group Homes and Assisted Living Facilities – 206 N. 2nd Ave. – 300 Real Estate Holdings, LLC/Kevin Randesi Case #2024.0679: Kevin Randesi owner of 300 Real Estate Holdings, LLC, requests a Zoning Ordinance Amendment to add Group Homes and Assisted Living Facilities as by-right uses to the B-1 Downtown Central Business District (Article IX-A). Under Section A of Article IX-A of the Hopewell Zoning Ordinance, ‘Group Home and Assisted Living Facility’ are not listed as an allowable, by-right use in the Downtown Central Business District and is, therefore, not permitted. Adding an allowable use to a district results in that use being allowed everywhere within the district. Director Ward gave a presentation on the case. He stated that staff recommends denial of the request to add ‘Group Home and Assisted Living Facility’ to the B-1 Downtown Central Business District for the following reasons: 1. The Hopewell Downtown Vision and the Comprehensive Plan do not support reducing density to single-family dwellings, group homes, or assisted living facility use. 2. Group homes and assisted living facilities are already permitted by right in all residential zoning districts in the city, comprising over half the land area. 3. Group homes are meant to facilitate the integration of persons with disabilities into the larger society, and that is achieved through a predominantly residential setting. 4. Group homes are synonymous with single-family dwellings, and single-family dwellings are not in alignment with the density requirements of the B-1 district. There was an opportunity for questions by the Commissioners for Director Ward. Commissioner Butterworth asked Director Ward to elaborate on the density requirement. Director Ward stated that the Comprehensive Plan and the Hopewell Downtown Vision speak to high-density residential in the B-1 district; single-family dwellings are the lowest-density residential use. Allowing that in B-1 would go in the opposite direction of what those two plans propose for the city. Kevin Randesi, the applicant, came to the podium to speak on his application. He stated that the B-1 Zoning Ordinance and excessive taxes has been a large hindrance to local businesses in the area. He requests the addition of group home and assisted living facilities to enable this use at his property at 206 N. 2nd Avenue. Commissioner Butterworth asked what his intent was when he bought the property, knowing the tax rates. Mr. Randesi had planned to use it for commercial rental, but it has been difficult to rent it. Planning Commission Minutes July 11, 2024 Page | 2  Chairman Reynolds opened the Public Hearing at 6:11 p.m. Anthony Sylvester came to the podium. He lives at 109 Cresent Ave and owns the property at 200 W. Broadway. He is opposed to changing the zoning ordinance for three reasons. 1. It is inconsistent with The Hopewell Downtown Vision and the Comprehensive Plan. 2. In Hopewell, the single-family dwelling use is permitted in every residential district. Group homes and assisted living facilities under the state definition are permitted by right in 53% of the area of the city. 3. There are 84 different types of permittable uses under the B-1 zoning district. When you look at those types of commercial use, they are fundamentally different than is being requested with this change. Chairman Reynolds closed the Public Hearing at 6:15 p.m. On motion by Commissioner Bennett, seconded by Vice-Chairman Roman to deny the amendment of Article IX-A, Section A of the Hopewell Zoning Ordinance to add ‘Group Home and Assisted Living Facility’ as an allowable by-right use. Vote: 5-0 Yes: Chairman Reynolds Vice-Chairman Roman Commissioner Ballou Commissioner Bennett Commissioner Butterworth No: None Motion: Unanimous Pass 2. Conditional Use Permit (CUP) – 3421 Oaklawn Blvd. – River City Ventures, LLC Case #2024.0645: A Conditional Use Permit (CUP) Application was submitted by River City Ventures, LLC to use the structure located on Parcel #089-1060, also identified as 3421 Oaklawn Blvd., as a Single-Family Dwelling in the Corridor Development District (B-4). Director Ward gave a presentation on the case. Staff recently recommended the approval of a Conditional Use Permit to use a property at the other end of this block as a single-family dwelling (3400 Oaklawn). In that particular case, a sunset provision Planning Commission Minutes July 11, 2024 Page | 3  on the use was recommended (and ultimately approved by the City Council) because the property had previously been used as a commercial property. Staff’s research of the property in question has revealed that it has always been used as a single-family dwelling. Staff supports the approval of this application with the following conditions: a. The applicant must complete an administrative resubdivision to combine Lots 25, 26, and 27 into one lot. b. The applicant will improve the existing, overgrown gravel driveway in the rear yard with a new top dressing of gravel. Commissioner Bennett asked if there was a need for a driveway. Director Ward stated the driveway is in the rear, and it should have a properly functioning driveway for a single-family dwelling. Charles Ayers the applicant with River City Ventures, LLC, came to the podium. The applicant stated that a majority of property in the area is currently used as single- family dwellings, and the continued use of this property as a single-family dwelling will not have an adverse effect on neighboring properties. Chairman Reynolds opened the Public Hearing at 6:33 p.m. There being no one else to speak, Chairman Reynolds closed the Public Hearing at 6:33 p.m. On motion by Commissioner Butterworth, seconded by Commissioner Bennett to approve the Conditional Use Permit submitted by Charles Ayers of River City Ventures, LLC, to allow a single-family dwelling use as presented on Parcel #089- 1060 with the following conditions: a. The applicant must complete an administrative resubdivision to combine Lots 25, 26, and 27 into one lot. b. The applicant will improve the existing, overgrown gravel driveway in the rear yard with a new top dressing of gravel. Commissioner Ballou felt indifferent about the tree canopy. Vice-Chairman Roman stated that the property's overall aesthetics and appeal needed some upkeep. Commissioner Ballou asked how to avoid the illegal parking of multiple vehicles. Director Ward stated that having the driveway enables parking compliance. Chairman Reynolds stated if you go southwest, it is all commercial, and there is a Dollar General across the street. In December, the Planning Commission issued a sunset condition of 2 years on 2707 Oaklawn Boulevard. The Comprehensive Plan calls for this to be corridor commercial. The Economic Development Director mentioned 25,000 cars a day coming off 295, indicating the potential for a thriving commercial district. If the Planning Commission keeps doing Conditional Use Planning Commission Minutes July 11, 2024 Page | 4  Permits without sunset conditions, it's going against the plan. Chairman Reynolds stated he could not vote in favor of the current motion with a concern about granting conditional use permits without a sunset condition, as it may hinder commercial development along the corridor. Commissioner Bennett had concerns about how the sunset condition would affect owner-occupied properties versus rental properties. Also, he also expressed concern for implications on financing due to the sunset condition. On motion of Commissioner Butterworth, to amend the motion, the Planning Commission recommends the approval of the request submitted by Charles Ayers of River City Ventures, LLC, to allow a Single-Family Dwelling use at 3421 Oaklawn Boulevard with the following condition(s): a. The applicant must complete an administrative resubdivision to combine Lots 25, 26, and 27 into one lot. b. The applicant will improve the existing, overgrown gravel driveway in the rear yard by adding a new gravel top dressing. c. The Single-Family Dwelling use shall be permitted for a duration not to exceed two (2) years from the date of approval. The property owner may re-apply to continue the Single-Family Dwelling use within two (2) years of approval. The amendment failed. The previous motion was voted upon. Vote: 3-2 Yes: Vice-Chairman Roman Commissioner Ballou Commissioner Bennett No: Chairman Reynolds Commissioner Butterworth Motion: Motion Pass 3. Conditional Use Permit (CUP) – 3409 Oaklawn Blvd. – Joseph Williams 2024.0673: A Conditional Use Permit (CUP) Application was submitted by Joseph Williams to use the structure located on Parcel #089-1090, also identified as 3409 Oaklawn Blvd., as a Single-Family Dwelling in the Corridor Development District (B-4). Director Ward presented on the case. Staff analysis highlighted issues with the driveway, including vehicles parked in the grass and the square footage of accessory Planning Commission Minutes July 11, 2024 Page | 5  structures far exceeding the allowable amount. Commissioner Bennett wanted to go on record of the potential conflict of interest regarding that she had family living in this area. Commissioner Ballou asked about the width of the property. Director Ward clarified that the current application was not about a non-conforming structure but about a single-family dwelling requiring a CUP. The property was operating as a single- family dwelling without a CUP and lost its grandfathered status after being vacant for more than two years. The applicant was not present. Chairman Reynolds opened the Public Hearing at 7:16 p.m. There being no one else to speak, Chairman Reynolds closed the Public Hearing at 7:16 p.m. On motion from Vice-Chairman Roman and seconded by Commissioner Bennett, the Planning Commission recommends to postpone for a period of 60 days. Director Ward's department will coordinate with Mr. Williams to attend a meeting within the 60-day period. If the applicant fails to show up in 60 days, the motion will be considered dead. Vote: 3-2 Yes: Vice-Chairman Roman Commissioner Bennett Commissioner Butterworth No: Chairman Reynolds Commissioner Ballou Motion: Motion Pass 4. Conditional Use Permit (CUP) – 3104 St. Charles St. – MMS Rental Group, LLC Case #2024.0695: A Conditional Use Permit (CUP) Application was submitted by NNS Rental Group, LLC, to construct a single-family home in the R-1A zoning district on a non-conforming lot, located on Parcel #123-0055, also identified as 3104 St. Charles Street. Director Ward presented the case. The proposed structure is a one-story, three- Planning Commission Minutes July 11, 2024 Page | 6  bedroom, two-bathroom house with 1,318 square feet, which is slightly smaller than the neighborhood's average of 1,353 square feet but larger than the previous structure. For these reasons, staff supports the approval of this application with the following conditions: a. The new structure will have 12-inch minimum eaves along all roof edges. b. The lot will have a minimum coverage of 20% tree canopy at full maturity. c. A driveway will be installed in accordance with the City’s driveway policy: a. If installed in the front yard, the driveway will be constructed of asphalt or concrete. b. If installed in the rear yard, the driveway will be constructed of gravel, asphalt, or concrete. Commissioner Butterworth asked about the tree canopy condition. Director Ward stated as a standard requirement for new construction conditional use permits. The condition was established in collaboration with the City Council to ensure consistency in CUP approvals. Parker Smith the applicant with MMS Rental Group LLC, came to the podium. Mr. Smith stated that they are under contract on the piece of land pending the Council's decision. The primary objective is to sell the house after construction. Commissioner Bennett asked about the façade of the structure. The proposed design includes windows on the side, a brick staircase, and a concrete walkway to the street. The neighboring homes have a mix of brick, vinyl, and aluminum siding. The design is consistent with about a third of the properties in the neighborhood. Chairman Reynolds opened the Public Hearing at 7:34 p.m. There being no one else to speak, Chairman Reynolds closed the Public Hearing at 7:34 p.m. On motion from Vice-Chairman Roman and seconded by Commissioner Bennett to approval the Conditional Use Permit submitted by MMS Rental Group, LLC, to construct the single-family dwelling as presented on Parcel #123-0055 with the following conditions: a. The new structure will have 12-inch minimum eaves along all roof edges. b. The lot will have a minimum coverage of 20% tree canopy at full maturity. c. A driveway will be installed in accordance with the City’s driveway policy: a. If installed in the front yard, the driveway will be constructed of asphalt or concrete b. If installed in the rear yard, the driveway will be constructed of asphalt or concrete. d. The applicant will be held to substantial conformance with the design as presented. Vote: 5-0 Planning Commission Minutes July 11, 2024 Page | 7  Yes: Chairman Reynolds Vice-Chairman Roman Commissioner Ballou Commissioner Bennett Commissioner Butterworth No: None Motion: Unanimous Pass VII. Old Business of the Planning Commission 1. Presentation of Planning Application fees, including staff costs. Director Ward updated the presentation of planning application fees from last month, including the addition of the number of people and time involved with applications. Chairman Reynolds has a comparison with other localities, showing higher fees than proposed. Director Ward's conservative estimates were discussed and compared to those of other localities. Mr. Ward also provided historical context regarding Council reaction to incorporation of staff time into fees. As seen in past instances, the City Council may reject proposals that include staff time. Current fee structures may not cover the actual costs, leading to potential financial losses. Vice-Chairman Roman asked to refine the fee structure to ensure it is reasonable and competitive without deterring business. Pull data and incorporate metrics to support the fee structure proposal. Commissioner Butterworth asked if the department had vacancies. Director Ward confirmed that there are no current vacancies in the department but acknowledged that it is overall understaffed and that understaffing may impact its ability to handle workloads expeditiously. Director Ward advised that he will continue working on the fee proposals to be reasonable and not excessively high compared to other localities. He will adjust fee proposals to be competitive yet reasonable, aiming for 75% of what other localities charge. 2. Review of draft update to Comprehensive Plan Chapter 1 The draft update of the Comprehensive Plan technical memo has been reviewed. The draft is shaping up as anticipated and reads well. Staff will continue working on the draft and address any recommendations or additional information. VIII. New Business of the Planning Commission Planning Commission Minutes July 11, 2024 Page | 8  None VIII. Old Business of the Wetlands Board None IX. New Business of the Wetlands Board None X. Reports from Planning Commission Members & Staff Director Ward stated that he has been waiting on research on the EV chargers. Issues with cooperative agreements in Salem prevented a company from coming in. Vice- Chairman Roman will reach back out to the company that provided a prior proposal and explore cooperative agreements. There was additional discussion on the need for DC fast charging in the Tri-Cities area. Director Ward stated the City will not pay for the installation of chargers. Vice-Chairman Roman will investigate vendors who can install level three chargers at no cost to the city. Director Ward stated that the zoning ordinance contract with Berkley Group has been signed. Next week, a virtual kickoff meeting with staff is scheduled. After the initial kickoff meeting, the Berkley Group will join City staff for a tour and meetings with Council, Planning Commission, and other interested parties. Commissioner Ballou stated that a meeting to restart the Rendezvous Apartment development is scheduled for July 22, 2024. XI. Adjournment Commissioner Bennett made a motion to adjourn the meeting. The meeting was adjourned at 8:03 p.m. Respectfully submitted, ______________________________ Paul Reynolds, Chairman ______________________________ Christopher J. Ward, Director Department of Planning & Development DATE: _______________________ Planning Commission Minutes July 11, 2024 Page | 9