Planning Commission/Wetlands Board

CITY OF HOPEWELL, VIRGINIA MEETING OF THE PLANNING COMMISSION CITY COUNCIL CHAMBERS, 300 NORTH MAIN STREET THURSDAY, SEPTEMBER 5, 2024 6:00 p.m. MINUTES I. Call to Order Chairman Reynolds called the session to order at 6:03 p.m. II. Roll Call Members Present: Paul Reynolds, Chairman Rip Ballou Patience Bennett Todd Butterworth Members Absent: Carlos Roman, Vice-Chairman 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 Chairman Reynolds asked if there were any corrections to the August 8, 2024 minutes. There were none. The minutes stand approved as distributed. Planning Commission Minutes September 5, 2024 Page | 1 VI. Public Hearings 1. Conditional Use Permit (CUP) – Suffolk Street– Ibrahim & Tanya Giwi Case #2024.0875: Ibrahim & Tanya Giwi request a Conditional Use Permit to construct a single-family dwelling on non-conforming Parcel #014-1585 in the R-2 District. The applicant proposes to construct a new, 2-story, 3-bedroom, 2.5 bath, 1,665 square foot house with vinyl siding that will meet district setbacks. The applicant proposes to construct a high-quality home that will increase diversity in the neighborhood and increase nearby home values. Director Ward presented the details of the request, including the non-conformities of the lot and the proposed dwelling's specifications. The lot is 70 feet wide and 7,281 square feet, which does not meet the R2 zoning requirements of 75 feet wide and 7,500 square feet. The proposed dwelling is a two-story, three-bedroom, two-and-a- half-bath house at 1,665 square feet, larger than the average neighborhood dwelling of 1,187 square feet. The dwelling will meet the required setbacks and align with the city's comprehensive plan. Staff supports the approval of this application with the following conditions: a. The new single-family dwelling will have 12-inch minimum eaves along all roof edges. b. The new single-family dwelling will include 4-inch wide trim around all windows on the front of the house. c. The lot will have a minimum coverage of 20% tree canopy at full maturity. d. A driveway of asphalt or concrete will be installed in accordance with the City’s driveway policy. e. The new single-family dwelling will have a brick foundation on all four sides. f. The new single-family dwelling will have foundation plantings along the front foundation. g. The new single-family dwelling will be in substantial conformance with the house plans submitted with the application and dated 6/24/2024. Ibrahim and Tanya Giwi, the applicants, came to the podium. The applicant has no plans to alter the roadway in any fashion, so the road's going to stay exactly as it is today. The house will be at least 25 feet from the front property line, which is the required setback for the R2. So, the house will be approximately in the center, generally in the center of this particular parcel, and will have no issue meeting the setbacks. Chairman Reynolds opened the Public Hearing at 6:16 p.m. Edward P. Cotman of 2700 Suffolk Street came to the podium. He has concerns about the new house's proximity to existing properties, its impact on the cul-de-sac used by Planning Commission Minutes September 5, 2024 Page | 2  mail and emergency vehicles, and the aesthetics and functionality of the house design. He also expressed concerns about the alley and public right-of-way and how the new construction would affect the neighborhood. Director Ward read a written comment in opposition from adjacent landowner Josephine K. Nye. There being no one else to speak, Chairman Reynolds closed the Public Hearing at 6:35 p.m. On motion by Commissioner Butterworth, seconded by Commissioner Ballou to approve the Conditional Use Permit submitted by Ibrahim & Tanya Giwi, to construct a single-family dwelling on non-conforming Parcel #014-1585 in the R-2 District with the following conditions and the recommendation of flipping the floor plan: a. The new single-family dwelling will have 12-inch minimum eaves along all roof edges. b. The new single-family dwelling will include 4-inch wide trim around all windows on the front of the house. c. The lot will have a minimum coverage of 20% tree canopy at full maturity. d. A driveway of asphalt or concrete will be installed in accordance with the City’s driveway policy. e. The new single-family dwelling will have a brick foundation on all four sides. f. The new single-family dwelling will have foundation plantings along the front foundation. g. The new single-family dwelling will be in substantial conformance with the house plans submitted with the application and dated 6/24/2024. Upon discussion, Chairman Reynolds stated for the record that he had heard the issues expressed by Mr. Cotman and the written correspondence received, and in the photograph of the area, four cars are parked on the City easement, which is not a road. But more importantly, the City has a cul-de-sac intruding on a privately owned piece of property, and the property owners have every right to ask the city to remove that cul-de-sac from their land if they want to. Vote: 4-0 Yes: Chairman Reynolds Commissioner Butterworth Commissioner Ballou Commissioner Bennett No: Motion: Unanimous Pass to Approve Planning Commission Minutes September 5, 2024 Page | 3  VII. Old Business of the Planning Commission 1. Conditional Use Permit (CUP) – 3409 Oaklawn Blvd.– Joseph Williams Director Ward provided a summary of the application, noting that a public hearing was held on July 11, 2024, with no comments received. The property is located in Ward 7 and is zoned B4 Corridor Development. The request is to allow the property to be used as a single-family dwelling. Concerns were raised about the lack of a proper driveway and the excessive accessory structure square footage. Staff recommended approval with conditions the following conditions: a. The applicant will remove the excessive amount of accessory structure square footage so that the remaining amount is below 625sf total and in compliance with the Article XVIII, Section A, 12(e) of the Hopewell Zoning Ordinance. Applicant must contact the Building Official prior to any demolition to determine if a Demolition Permit is required. b. The applicant will install either a front driveway of asphalt or concrete or a rear driveway of gravel in conformance with the City’s driveway policy. c. If the driveway is installed in the rear yard, the applicant will install a fence of the exact design of the existing portion of front yard fencing in the front yard no taller than 4 feet to prevent parking on the grass. NOTE: Fence permit required. Commissioner Butterworth asked Director Ward to elaborate on the lapse of use and what that means. Director Ward stated that a single-family dwelling is allowable under the current ordinance. The property is grandfathered in if it has always been used as a single-family dwelling and that use has not stopped for a period of two years. Where a property has stopped single-family use for a period of two years, a conditional use permit is required. Mr. Williams, the applicant, Came to the podium. He explained that the property had been renovated and expressed concerns about the timing of the vacancy determination. He also discussed the challenges of demolishing the accessory structure due to its size and the presence of utility lines. Director Ward told Mr. Williams that the City has records that he can reference to determine how long it has been vacant. It is ultimately the buyer's responsibility as a property owner to tell the Planning Commission something different. On motion by Commissioner Ballou, seconded by Chairman Reynolds to deny the Conditional Use Permit submitted by Joseph Williams. Upon discussion, Commissioner Butterworth asked Director Ward to elaborate on his recommendation. Director Ward stated that the comprehensive plan designates the corridor as primarily commercial, but it does not recommend removing single-family use. He added that we do not have commercial development pressure in Hopewell, but we do have residential use pressure. Planning Commission Minutes September 5, 2024 Page | 4  Chairman Reynolds pointed out that a Conditional Use Permit is likely a long-term commitment. It transfers with the land, not the owner. Secondly, Commissioner Ballou pointed out that this is a commercial corridor, and there are three lots adjacent to the property for sale that are clearly labeled commercial. Chairman Reynolds believes very strongly that the Planning Commission should be pressing in the direction of what the comprehensive plan calls for; even though it says people can ask for Conditional Use Permits and have residential, that does not guarantee that Conditional Use Permits should be granted. It simply means the Planning Commission will consider it in light of all other factors surrounding the property. Vote: 3-1 Yes: Chairman Reynolds Commissioner Butterworth Commissioner Ballou No: Commissioner Bennett Motion: Passed to Deny 2. Proposed Planning Application Fees Director Ward explained the new fee structure and its rationale, emphasizing the need to cover bare costs and encourage engineers to take the process more seriously. The department has experienced what is called a site plan by review. The engineers don't even look at our city requirements for site plans. They develop a site plan and submit it to us, thinking our staff will tell them what's wrong and what they must fix. So that happens all the time, and we as staff believe that one way to cut down on that. For these engineers to take the process more seriously and look at our requirements beforehand, we have a base submission fee of $550. The first review with comments; there's no charge. However, subsequent reviews with additional comments requiring changes would be an additional $250. Rezoning Application: $1,500.00 Variance/Special Use/Special Exception: $500.00 Conditional Use Permit: $650.00 Zoning Ordinance Amendment: $1,000.00 Site Plan Review: $550.00 – base fee/first submittal $250.00 – third and subsequent submittals The Planning Commission discussed the challenges of managing site plans and the time-consuming nature of the process. Planning Commission Minutes September 5, 2024 Page | 5  Director Ward mentioned that the new fee structure aims to reduce the number of back-and-forth reviews and ensure engineers follow the city's requirements from the start. The Planning Commission discussed the potential challenges at the City Council level and the importance of presenting compelling arguments supported by data from other jurisdictions. On motion by Commissioner Butterworth, seconded by Commissioner Bennett to approve the increase in the Planning Application Fees. Vote: 4-0 Yes: Chairman Reynolds Commissioner Butterworth Commissioner Ballou Commissioner Bennett No: Motion: Unanimous Pass to Approve 3. Update to Comprehensive Plan 5-Year Technical Review Director Ward stated that the department is actively working on a housing section update. The Crater Planning District Commission will conduct the regional housing study used in the five-year review. They are waiting on the funding notification. The Crater Planning District is to do a multimodal transportation study but is not confident about getting funding for it. Those are the two main areas that remain unaddressed in the technical review. VIII. New Business of the Planning Commission 1. Legislative Agenda Request Recommendations Director Ward handed out the document he presented to the City Council in December 2023. He was notified earlier this week that information for Legislative Agenda Packets had to be submitted to the City Manager that day. Director Ward sent in this information for split value taxation. The Planning Commission discussed the importance of presenting the split value taxation (SVT) proposal to the City Council and ensuring it is heard even if the city manager does not forward it. Planning Commission Minutes September 5, 2024 Page | 6 VIII. Old Business of the Wetlands Board None IX. New Business of the Wetlands Board None X. Reports from Planning Commission Members & Staff Chairman Reynolds wanted to remind everyone that elections are held once a year for the Chairman and Vice-Chairman. This is coming up at the October meeting XI. Adjournment Commissioner Bennett made a motion to adjourn the meeting. The meeting was adjourned at 7:50 p.m. Respectfully submitted, ______________________________ Paul Reynolds, Chairman ______________________________ Christopher J. Ward, Director Department of Planning & Development DATE: _______________________ Planning Commission Minutes September 5, 2024 Page | 7