Planning Commission

Minutes City of Petersburg Planning Commission Meeting September 1, 2021 The City of Petersburg Planning Commission meeting held on Wednesday September 1, 2021, virtually and was called to order by the Chair, Mrs. Tammy Alexander at 7:14 pm. A roll call was completed by Ms. Michelle Murrills. Members Present: Ms. Tammy Alexander, Chair Ms. Marie Vargo Mr. Thomas Hairston Dr. James Norman Ms. Candy Taylor Mr. Michael Edwards Mr. William Irvin Members Absent: Mr. Fenton Bland, Vice Chair A Quorum was established by the Chair at 7:12 pm. Others Present: Mr. Reginald Tabor, Ms. Michelle Murrills, Ms. Sandra Robinson, Mr. Frank Lomax, Mr. Nick Parker, Ms. Heather Barrar, and Mr. Jeremy Tennant. Adoption of the Agenda: Chair Alexander called for any changes there were none. The motion passed unanimously. 1 Minutes: Chair Alexander called for a couple of changes from the previous minutes. Commissioner Edwards moved to adopt the minutes from the July 7, 2021, Planning Commission meeting with the discussed changes. Commissioner Vargo seconded the motion. The motion passed unanimously. Public Information Period: Chair Alexander opened the Public Information Period to anyone who wished to speak on an item not on the agenda. Chair Alexander closed the Public Information period. Public Hearings: 6A. Chair Alexander announced a public hearing—21-SUP-05: Per Article 18, M-2, Heavy Industrial District Regulations. Section 3. Objectionable uses. Chemicals, petroleum, coal and allied products: Hydrogen and Oxygen is listed, thereby requiring the approval of a special use permit. A request is being made by the current Ohio based manufacturer of bleach, by Bleachtech LLC (Lessee) located at 2020 Bessemer Rd, Petersburg, VA 23805 within the Petersburg Interstate Industrial Park, further identified as tax parcel 096010806, and having approximately 12.53 acres of land. The manufacture of bleach in the “M-2”, Heavy Industrial District is a use permitted by right. The hydrogen and oxygen, a secondary use of the facility, may be permitted after the location and nature of such use have been approved by City Council, upon recommendation from the Planning Commission. The Planning Commission shall not permit such uses until there has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. Bleachtech is requesting a Special Use Permit pursuant to Article 23, Section 1 of the Zoning Ordinance to install equipment within the north, central areas of the current Bleachtech LLC operations to recover hydrogen gas presently produced as a byproduct of the ongoing bleach manufacturing process before it is admitted to the atmosphere through the existing vent stack. The subject property is zoned to M-2, Heavy Industrial District. Ms. Sandra Robinson made a presentation about Bleachtech’s request. The property is surrounded by metal companies, an asphalt company, and a meat packing facility. Because of what Bleachtech wants to do they have to get planning permission from the Planning Commission and then the City Council has to sign off on it as well. Bleachtech does already have a Special Use Permit from the city from 2006 because of the materials used in the making of bleach. There have been no violations or citations with that Special Use Permit. The proposed construction is all going to be locally sourced which would benefit local businesses. It is believed that the new location is not visible from any public road. There is no expectation of noise increasing from the property. It is believed that there will be an increase of trucks from between one and three a day. Because of the nature of this special use permit, there is to 2 be a public hearing and review of the Planning Commission is held to ensure that the public is protected. Director Tabor also added that the applicant had had a conversation with the Petersburg Fire Chief and he said that he had no objections to the request put forth by the applicant, with some stipulations that the employees working with the equipment would be properly trained and that everything would be properly labeled and such at the facility. Chair Alexander then called for the applicant (or representative) to speak to the Commission. Mr. Frank Lomax, the representative of the engineering firm that is responsible for the design of the project, spoke to the Commission about the supplementary material that went with the application. He gave a history of the Bleachtech company. Hydrogen is a byproduct of the manufacturing of bleach but at the moment it is not captured at all and instead is vented out into the atmosphere and has been for many years. The proposed project simply captures that hydrogen and makes a beneficial use out of it. The proposed market for this hydrogen is zero emission vehicles, with some minor interest in high tech manufacturing, etc. Hydrogen is a clear gas that you can’t see or smell. Hydrogen in not a pollutant and it is not regulated to admit it out to the atmosphere. There is no hydrogen manufacturing in Virginia, which makes it expensive to then have it shipped to Virginia. With this manufacturing, it will give Virginia the ability to enjoy zero emission busses and such. With this first manufacturing plant will come more which will lead to a distribution point. With multiple distribution points, eventually this will lead to more zero emission vehicles. Finally, with this, the releasing into the atmosphere will not longer be done. Even though the releasing of hydrogen is not regulated, it will mean that there will be no emissions from the making of bleach. When they collect the hydrogen, they will then mix it with steam which will allow much easier collection. It will then be cooled down and compressed. Then it will be stored for a bit before it is then put into a truck and trucked to the final location. Of which the closest location is only eight miles away from Petersburg. Commissioner Edwards said that it was a good presentation and that he is excited at the prospect that the City of Petersburg busses may someday be run on clean fuel like hydrogen. Commissioner Harriston asked if there was something specific (especially in the transportation) that the Commission should be worried about in this process of capturing and transporting hydrogen when it comes to the public safety. Mr. Logan answered that the trailers are third party certified and have a proven track record of many many years. He said that he is only aware of one fatal accident that was over 20 years ago and that this concept of transportation is one of the safest in the nation. Chair Alexander than moved on to public comment. There were no public comments at the meeting nor did the Planning Department receive any emails or phone calls about it either. The staff recommendation from the Planning Department is an approval for this permit as presented along with the recommendations from Director Tabor relative to the fire department. Commissioner Edwards then made a motion to accept the plan as presented with the additions as stated by staff. Commissioner Harriston seconded the motion. Director Tabor then asked if it could also include the details of the resolution that had been sent out earlier and Commissioner Edwards agreed to the addition to his motion. Chair Alexander said that she was excited that the hydrogen would be captured, that it would bring more jobs to the city, and it would bring revenue to both the city and a business in the city. 3 Commissioner Harriston wanted to say that he was all for anything that would be the environment cleaner and especially that it would get rid of the diesel pushers. The motion then passed 6-0 and the commission wished them luck at City Council. ZTA 2021-04: Review and recommendation regarding amending the text of Article 3 Section 1 of the Petersburg Zoning Ordinance “definitions”, to amend the text of the referenced section To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 AM and 11:00 PM to the definition of Micro-Brewery, Micro-Distillery, Micro-Winery and/or Micro-Cidery. To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 AM and 11:00 PM to the definition of Restaurant. To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 AM and 11:00 PM to the definition of Restaurant, Carryout. To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 AM and 11:00 PM to the definition of Restaurant, Coffee, or Ice Cream Shop. To add: Solar Panel, Small. Non-commercial/industrial solar energy harvesting equipment designed to be affixed to a pre-existing structure to supplement a primary energy source. The use is permitted in all zoning districts and must conform to any current or future laws and regulations regarding electrical energy harvesting, storage, and distribution. If the proposed location is within a historic district, the use is subject to review by the Architectural Review Board. All solar facilities must comply with Code of Virginia Title 15.2, Chapter 22, Article 7, 15.2-2288.7. To add: Solar Farm. Commercial/Industrial solar energy harvesting equipment designed to function as standalone structures to provide solar energy as a primary source of electric energy. The uses permitted in A, M-1, and M-2 Zoning Districts, pursuant to an approved special use permit and must conform to any current or future laws and regulations regarding electrical energy harvesting, storage, and distribution. If the proposed location is within a historic district, the use is subject to review by the Architectural Review Board. All solar facilities must comply with Code of Virginia Title 15.2, Chapter 22, Article 7, 15.2-2288.7. Director Tabor than gave a presentation on fact that the city needed to have these definitions added to the Petersburg Zoning Ordinance. The city believes that it is important to have clearly defined hours of operation. There were then several questions that the Commissioners had. What were the businesses that ended their business after 11:00 pm and what is the reasoning for only allowing restaurant hours 6- 11? Chair Alexander said that we have these ordinances because we do not want people coming and staying late, getting drunk and then wreaking havoc across the city. Commissioner Harriston said that he sees the city becoming more progressive and believes that just because today most restaurants close, in Petersburg, at 11:00 pm, he does not see it as always being that way. Director Tabor then mentioned that there is a way for a restaurant to get a special use permit which would allow it to be considered a nightclub and that would allow it to stay open until 2:00 am. The commission then decided more research was needed before any decisions could be made. They wanted to know more about the rational behind the decision before any decisions are made. Commissioner Irvin then motioned to have 4 this discussion tabled until the next meeting and Commissioner Vargo seconded it to table it until the next meeting. Commissioner Harriston said that he not only wanted someone to look at Richmond and Fredericksburg, but he also wanted someone to look at Charlottesville and Lynchburg as they seem to be closer in size to Petersburg than Richmond is. He then clarified that the people who come to visit Petersburg do not just come from Petersburg but also from the surrounding area. Commissioner Edwards wanted to say that the times are a changing and that we cannot keep sitting idle while not attracting more people into this city. We need to not keep putting restrictions onto things that could truly effect the commerce of the City of Petersburg. Richmond has a restaurant cut off of 1:30 for their last call to be closed by 2:00. Richmond police department do not just close the streets down. As a progressive Millennial he is wanting to see more progress being done for the City of Petersburg, he is worried that if we do not, then 10 years from now he will still see that Petersburg is sitting still. Commissioner Harriston said that years ago there were night clubs and whatnot that were just being thrown up with no thought as to how to keep them from being a problem. Today there are organizations that are coming together to work on how to be responsible bar and restaurant owners. The motion passed unanimously. The Commission then moved on to defining solar panels. Director Tabor then made a short presentation on the idea of solar panels. He proceeded to say that the City of Petersburg has received many applications for land uses that include the use of solar panels and for the establishment of solar farms. Currently there are no definitions of regarding these uses. The Virginia Clean Economy Act was approved by the Legislature and signed by Governor Northam in April of 2020 which establishes a plan that aims to transition Virginia’s electric grid to 100% clean air energy by 2050. A specific part of this plan is to expand access to solar rooftop panels and other solar energy. Because of this, it is important for the city to provide in the zoning ordinance where these panels, rooftop panels, or large solar farms should be allowed. In terms of public comments, there have been no comments by phone, email or otherwise about these additions to the ordinance. Staff recommendation is to approve this request. Chair Alexander then called for anyone in the public to speak on this either for or against. There was no public comment. There were not comments or questions from the commissioner either. Commissioner Edwards made a motion to accept the recommendation from staff along with the resolution that Director Tabor had added. Commissioner Norman seconded. Commissioner Harriston asked for clarification on where these solar panels and solar farms were going to be placed and that they are able to be on property that is zoned A, M1 and M2. Director Tabor explained that the ordinance covers both on the ground solar farms as well as the one or two panels that could go on someone’s roof. The motion passed unanimously. 5 7. Old Business: a. APA Virginia Virtual Conference July 19, 2021 – July 20, 2021, report Chair Alexander said that she and Director Tabor had both attended the conference. Commissioner Vargo said that she could not get the links to work for her. Director Tabor attended three sessions. One was regarding the state rail plan, a plan for the long-term future needs with regards to both passenger and freight rail. He also attended a session regarding curb space. The use of space that is along the curb in the streets. The “streetaries” was a concept that they spoke of, where parking spaces are roped off and they become extensions of restaurants instead of parking. This concept might be a good replacement for the Old Town Square. Chair Alexander said that had also attended the Eastern Shore presentation and that it was a really good one about bicycle paths along the Eastern Shore. Director Tabor also attended the Comp plan presentation, which was given by the person who did Petersburg’s plan assessment. She spoke about other cities cite plans and that the presentation had a lot of information. Petersburg is working with FOLAR, and the new trail has been opened. FOLAR is working on getting other trails open around Petersburg as well. Chair Alexander invited Ms. Heather Barrar to speak on the trails around Petersburg. Ms. Barrar said that there are already a couple of projects that have been funded between VDOT and the City. There will be more trails coming in the city. There will be about a mile paved around the Patton Park area in the next couple of years. FOLAR is actively working on getting funding for a trail around Old Towne to then hook up with the other trails. Those plans are shovel ready just waiting on funding to get started. b. Small Area Plans i. Downtown 1. Arts and Culture District—Mainstreet Petersburg has submitted a grant application to the Department of Housing and Community Development for funding to develop a downtown plan and the Commission will be actively engaged in that process if the funding is awarded. This plan, whether money is awarded or not, should then be part of the comprehensive plan that we are already working on. After all, the downtown area is a major part of our city and we want to make sure to make it successful. After the discussion earlier, you can see that Petersburg wants to attract new businesses without attracting any problems and that takes planning. 2. Delectable Heights-- In addition the city has gone through the process receiving applications for the federal ARPA funding. Essentially the city is expecting to get ten million dollars this fiscal year and 10 million next fiscal year. And an application was submitted for funding for a Delectable Heights neighborhood plan as a small area plan. Also, in the Delectable Heights neighborhood, the city has approved the sale of some infill lots to build more houses and other buildings on. CDBG money was also awarded for a project in Delectable Heights. Camron Foundation is working with properties on Liberty Street...just north of Delectable Heights. So, the thought is that there should be a planning push to link everything together to make sure that the development that occurs is harmonious and the planning is being done for both the private lots and the public ones as well which would create a neighborhood and community that is viable and thriving. It is a historic neighborhood, and it has gone through some ups and downs, but we want to make sure that it is successful in the future. The new City Manager, Stuart Tyrell, has established a priority to move forward to try and save the historic homes in the City of Petersburg. We are developing a plan and a collaborative effort to develop 6 a strategy to do that. To corral resources, to identify resources, and to collect resources (financial but also technical assistance and other resources) to offer to owners of historic homes in the city to help them maintain or develop their properties. Commissioner Norman wanted to know if anyone was doing anything with Peabody High School. Director Tabor said that he had hoped to include it in the Delectable Heights area and is certainly an asset that should be included in the Delectable Heights but at the moment there is nothing particular about it. 8. New Business: a. Proposed Zoning Ordinance Text Amendment RB—Office Apartment District. This came from a conversation about 801 S. Adams Street, the former South Side medical center. Today it is a vacant piece of property that is about 24 acres. The Economic Authority Development wanted to explore options related to the new pharmaceutical manufacturing company that is coming into Petersburg. The property is located in an enterprise zone, opportunity zone, hub zone, etc. It is just ripe for development, and also adjacent to neighborhoods. So, we wanted to look at options, for possibly amending the zoning for what might possibly be needed or by use of a special permit. Announcements: There were no announcements Adjournment: Meeting was adjourned at 9:00 pm by Commissioner Irvin. Next meeting is at 7:00 pm on October 6, 2021. 7