Planning Commission

City of Petersburg Planning Commission Meeting October 14, 2021 Minutes The City of Petersburg Planning Commission meeting held on Thursday October 14, 2021, virtually was called to order by the Chair, Mrs. Ta.m.my Alexander at 7: 00 P.M. A roll call was completed by Ms. Michelle Murrills. Members Present: Ms. Tammy Alexander, Chair Mr. Fenton Bland, Vice Chair Ms. Marie Vargo Mr. Michael Edwards Mr. Thomas Hairston Dr. James Norman Members Absent: Mr. William Irvin Ms. Candy Taylor A Quorum was established by the Chair. Others Present: Mr. Reginald Tabor, Ms. Michelle Murrills, Ms. Sandra Robinson, Mr. Mark Baker, Mr. Will Gillette, Mr. Richard Taylor, Ms. Heather Barrar, Mr. Charles Cuthbert, and Ms. Brittany Flowers. Adoption of the Agenda: Chair Alexander called for any changes…there were none Commissioner Norman moved approval of the agenda; Vice-Chair Bland seconded the motion. The motion passed unanimously. 1 Minutes: Commissioner Edwards moved for the adoption of the Minutes from the September 1, 2021, meeting; 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. With no one wanting to speak, the Chair moved on and the Public Information Period was closed. Public Hearings: Chair Alexander read the notice of a public hearing as follows: 6A. 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 reference section To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 a.m. and 11:00 p.m. 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 a.m. and 11:00 p.m. to the definition of Restaurant. To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 a.m. and 11:00 p.m. TV definition of Restaurant, Carry Out. To add: Hours of operation shall be defined by the Owner/Operator between the hours of 6:00 a.m. and 11:00 p.m. to the definition of Restaurant, Coffee or Ice Cream Shop. Director Tabor started his presentation by commenting that this was a continuation of the public hearing that was started at the last meeting on this subject, but that it had been continued onto this meeting because the commissioners had wanted to find out more about the businesses that would be impacted and get their opinions before any decisions were to be made. Director Tabor then said that while most restaurants, et al, were closed by 11:00 p.m. that there were a few that stayed open later than that. Commissioner Norman then asked if 2 anyone had surveyed the restaurants that stayed open past 11:00 p.m. and ask them what their opinion was about the whole thing. Chair Alexander did mention that the commission has received a letter from the owner of Wabi Sabi stating that he was for stopping noise after 11:00 p.m., but Commissioner Hairston pointed out that it was not for the hours of the businesses. Commissioner Hairston also pointed out that while the businesses that are here today close at 11:00 p.m., there are plenty of restaurants in Colonial Heights and the surrounding area that don’t close until midnight and if Petersburg wants to attract such businesses, rather than have them going to Colonial Heights, we should not set the hours for restaurants and such even if the businesses today all already close at 11:00 p.m. or earlier. Director Tabor then mentioned that no one had been to the affected businesses to talk with them. He also said that the commission could put off the public hearing if they wanted more time to speak with the affected businesses already in Petersburg. Commissioner Norman agreed with Commissioner Hairston. Commissioner Bland asked what Richmond was doing with their business hours. Commissioner Hairston said that he went through Shockoe Bottom and basically all restaurants were open around midnight. Director Tabor said that there was not much response to the changing of hours. He did say that if anyone wanted to stay open after 11:00 (until 2:00 a.m.) that they can apply for a special use permit to be a night club. Commissioner Harriston said that chain restaurants (which are NOT night clubs) have set open hours, which is usually after 11:00 p.m. and they are restaurants that Petersburg might be interested in attracting. He also said that we need to think about trying to attract tourists to this town and that they are not necessarily on a time schedule because they are on vacation. If someone has to go to Colonial Heights or to Richmond to eat or drink, then what is the point of coming to Petersburg to stay. If the City wants to be a destination spot, the City needs to think about that. Commissioner Vargo was in complete agreement with both Commissioner Norman and Commissioner Hairston. She says that it does not send out the right message to have restaurants to roll up the sidewalks at 9:00. Chair Alexander then said that she wanted to push the public hearing off until the next meeting so that the restaurants in the area would have a chance to speak. Commissioner Hairston said that while it is fine for any restaurant today to say that they want restaurants to close at a certain time, because it has worked for them for the past 20 years, but that the commission has been tasked with looking forward to the next 20 years. Commissioner Harriston said that we should be the people leading the way for businesses to come to Petersburg and not just following what other jurisdictions are doing. Commissioner Vargo moved to table the motion until the next meeting so that the affected restaurants could be heard, and Commissioner Edwards seconded it. The vote was unanimous, and the motion was tabled until the next meeting November 4th. 6B. 21-SUP-04: Request by Wilson Rivera, Midnight Towing and Recovery for a Special Use Permit pursuant to Article 23, Section 4 Item (20) of the Zoning Ordinance to establish & Operating as a vehicle removal operator, vehicle storage lot, or vehicle tow lot, such to be 3 permitted within the M-1 and M-2 zoning districts only. The subject property at 709 Bollingbrook Street, Tax Parcel 006030800, and having approximately 199.8 feet of street frontage is zoned M-2, Heavy Industrial District. Ms. Robinson then made her presentation. She reiterated that Mr. Rivera is wanting to use the property at 709 Bolingbroke as a vehicle tow lot. The lot that he wants to use is currently being used by a tire warehouse. Using this lot as a tow lot is allowed as it is a M-2 district. There are both commercial properties and private homes that surround this parcel. The applicant is proposing to make the lot look even better than it does now with a city approved surface and then camouflaged with trees and bushes so that it is not easily noticed from the road. Ms. Robinson did say that they did not get anyone giving approval or not for this use of the property. There was a sign that she posted on the property, but it was shortly stolen from the property. Chair Alexander did ask if any other department had a problem with this property becoming a tow lot and Ms. Robinson said that no other department had a problem with this becoming a tow lot. She also said that the Planning Department’s recommendation is to allow the applicant to use the lot for a tow lot providing that he does the recommended buffering, whether shrubs or fence, so that it is not noticeable to people going by. And that buffering would have to come through the Planning Department for final approval. Chair Alexander then called Mr. Wilson Rivera to speak to the Commission. Mr. Rivera stated that he already has a towing company in Colonial Heights and would love the ability to have one in Petersburg as well. He also stated (although he is a towing service) he has excellent Google reviews. Chair Alexander asked if putting up the buffering was going to be an issue for him and he stated that was one of the most important things to him, because he does not want this place look like and eyesore. He said that once he gets approved, the first thing he is going to do is to call in a fencing company and start the ball rolling in getting the buffering done and done right. Commissioner Norman was curious as to how many cars Mr. Rivera was planning on having on the lot at any given time. Mr. Rivera said that roughly he could fit about 100 cars in that facility, but that normally he gets rid of cars that sit over 15-20 days to make more room for cars coming in. He does not keep them. Commissioner Norman then asked if it was going to become a junk yard and he was assured that the answer is no. Commissioner Edwards then asked how all the towing activity would affect Bollingbrooke street. Mr. Rivera said that he was going to use a different entrance than what is used now because it is so close the intersection. Commissioner Edwards then asked if there was any feedback from the Police Chief or anything about the position of the entrance. (The answer was no.) He said that he is worried about possible accidents there along Bollingbrook. Mr. Rivera said that there is not a problem with the Tire Place right across the street and their bays go directly out onto the street. Chair Alexander then asked if anyone from the public wants to speak for or against this special use permit. No one from the public spoke on either side and Chair Alexander closed the public portion of the hearing. 4 Commissioner Edwards then made a motion to accept the special use permit with the staff recommendations about the buffering of the property. Director Tabor also asked that we include approving the resolution as well and Commissioner Edwards agreed. Commissioner Hairston seconded. It was passed unanimously. Chair Alexander read the next public hearing. C. 21-SUO-06: Request by Mark Baker, Baker Development Resources on behalf of South Crater Development LLC to obtain a Special Use Permit as provided for under Article 23, Supplementary Use Regulations -- Special Uses. Section 4, Special Uses Enumerated. Item (23) the Zoning Ordinance to establish and operate a single-bay (automatic & self-service) car wash with accessory parking and vacuuming/detailing spaces. The subject property is located at 3641 S Crater Rd, and further identified as Tax Parcel #101010004. The Comprehensive Plan suggests this area is appropriate for commercial and mixed uses. The property is zoned B-2, General Commercial District. SUP Car Wash – 3641 S Crater Road. Ms. Robinson then made the presentation for this permit. She explained that anytime anyone wanted to build a car wash facility they had to obtain this special use permit. This is only for the car wash facility and nothing more on the property. The 2014 Comprehensive plan does show this as being a commercial property and is currently zoned B-2. Chair Alexander then asked to hear from the applicant, Mark Baker. Mr. Baker then spoke up and said that the information that Ms. Robinson presented was basically everything he had wanted to say. He said that the goal is to construct an automated car wash which is to be well built and very clean. The cite is controlled as you have to enter at one end, exit at another, and pay with credit card—no cash will be taken. Mr. Baker said that he had sent out a letter to all property owners within 150 feet of the property to inform them about what he was doing and asking them to inform him if they had any problems with the car wash and so far, he has not heard back from any of them. Chair Alexander then asked if there would be people working on the site and Mr. Baker responded with that there would be employees but that the number would be dependent upon the time of the day and the anticipated traffic coming in and out. But that everything would be automated and mostly it will be done on an app on your phone, and no one would be taking money as everything would be automated. Commissioner Hairston asked if this was going to be a 24-hour car wash. Mr. Baker stated that no it was not going to be 24 hours. It would be hours more along the lines of the businesses in the area. Chair Alexander than asked if Mr. Will Gillette wanted to speak. He came on and said that he appreciated that both he and Mr. Baker got to speak and that he just wanted to repeat everything that Mr. Baker said. Ms. Robinson said that she did get two people interested in what was going on to the property, but that neither of them had an opinion about it, they were just interested in what was going 5 onto the property. Chair Alexander then asked if anyone in the public had something to say for or against. Mr. Richard Taylor asked where the car wash was situated on the property and he also asked if the owners had gone to the utility companies and verified that the electric, water and sewer lines can handle a car wash. Mr. Baker said that he had a site engineering group go over the property and they did not seem to think it was a problem and that during this whole process he has not heard back from the city that there was a problem at all. Ms. Robinson then explained the process of setting something like this up and said that the city had not found any issues either. No one else spoke out for or against this special use permit. Chair Alexander then closed the public hearing on it and asked for Staff’s recommendation. Staff Findings: Ms. Robinson said that staff recommends an approval of the request with the following stipulations: 1. Sanitary sewer drain inlet should be provided, designed to prevent flow of stormwater into the receptor. Such drain to be equipped with appropriate filter mechanism, approved by the Department of Public Works, Utility Division, to provide for the filtering of large particles/objects and the separation of oil and similar liquids. Such drain/basin shall be the only location on site where car may be washed unless additional sanitary drains are appropriately installed. 2. Vehicles for servicing shall not be parked, stored, or displayed on the right-of-way of any adjacent street. 3. Any vehicle not capable of operation or which does not bear a current Virginia Inspection Sticker shall not be placed on the subject property/parcel. 4. In no case shall it be deemed permissible for the subject business, or businesses with which the subject business may share a location, to operate a scrap or junk yard. No outside storage vehicle components, plastic materials, glass, used or waste tires is permitted. 5. A lighting plan should be required for submission to and approval by the Department of Planning/CD. Such plan shall specifically indicate measures to prevent glare on adjoining properties. 6. A landscape plan shall be provided. 7. The special use permit shall be transferable upon sale, but under the same terms and conditions only, however, should the vehicle washing/detailing service use discontinued for a period of two years or more for any reason, the special use permit shall terminate. 8. Notwithstanding the issuance of any business licenses or permits by the City of Petersburg, the operation of any business or activity on the premises shall follow the zoning ordinance of the City. 9. The applicant shall ensure that all the facilities parking area in addition to adjacent parcels to include sidewalks if applicable, are “policed” at the end of business each day 6  of operation, to provide for the removal of litter, broken glass, discarded paper, or other waste daily when the facility is in operation. 10. Trash and garbage generated by the operation of the facility shall be stored in an appropriate manner, in containers screened from public view. Trash containers shall not generate objectionable odor levels. 11. There shall be no outside storage of materials, vehicle components, scrap metal, plastic materials, glass, used or tire waste or other debris permitted on the subject property. 12. Applicant is responsible for ensuring that use of the premises follows applicable ordinances regulating noise. Per Section 50-36 of the 2000 Code of the City of Petersburg establishes the maximum permissible sound levels, measured at property boundaries, for various zoning districts. In the B-2, General Commercial District, the maximum level, as measured in dBA, is 75 during daytime hours, and 65 during nighttime hours. Daytime is defined (Section 50-32) as the local time of the day between the hours of 7:00 a.m. and 10:00 p.m. on weekdays, and from 9:00 a.m. to 10:00 p.m. on Saturdays, Sundays, and legal holidays observed by the City government unless otherwise specified. 13. Other requirements may be imposed as deemed necessary to provide the further protection of surrounding property, persons, and neighborhood values. Chair Alexander than called for a motion and Commissioner Edwards then made a motion that the commission accepts the recommendations from Staff as read, including the resolution establishing an operating car wash at 3641 S Crater Road. It was seconded by Commissioner Norman. Commissioner Edwards wanted to say, before a vote was taken, that he was thrilled that this would be coming into Petersburg and that he has wanted one of these to come to Petersburg forever and he is excited to see that it is coming now. Vote was taken and motion was passed unanimously. D. ZTA 2021-05: review and recommendation regarding amending the text of ARTICLE 13. “RB” OFFICE-APARTMENT DISTRICT REGULATIONS, Section 2. “Use Regulations” to amend the text of the referenced section: (2) square feet in area attached to the exterior of the building; that no building may be constructed with, or altered to produce a storefront, show window or display window; there shall be no display from windows or doors and no storage of merchandise in the building or on the premises; unless approved as a special use, there shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot,; that required off-street parking shall be provided in the rear of such buildings are in the portion of the side yards, except adjacent to a street if a corner lot, lying to the rear of extensions of the front line of such building. 7 To add: ARTICLE 23. SUPPLEMENTARY USE REGULATIONS—SPECIAL USES, Section 4. Special uses enumerated. The following special uses may be approved by the council, as provided in this article: (35) machinery or equipment, other than machinery or equipment customarily found in the professional or business offices, used or stored in the building or on the lot in the RB Zoning District. Director Tabor presented the information about the district. There are 114 parcels zones “RB” OFFICE-APARTMENT DISTRICT. The properties are generally located along Sycamore Street between Wythe Street and I-85, along South Market Street between Wythe Street and Halifax Street, along Wakefield Street at Goodrich Ave, along Sedgewick Street and along Holly Hill Drive near South Crater Road. In accordance with the city zoning ordinance, article 13. “RB” Office-Apartment District Regulations, Section 2. Use Regulations, permitted uses in the RB District include: (2) Businesses and professional offices, and office buildings and research laboratories; provided however, that there should be no advertising sign or device on the lot, on the building, or in or on any of the extra doors or windows of the building, except for each business or professional office occupying their building there may be one advertising sign not to exceed 2 square feet in area attached to the outside of the building. (3) Clinics, including a pharmacist’s shop for dispensing of drugs and medical New business development within the Pharmaceutical Industrial Cluster has begun in the City. To position the vacant property for potential development associated with the Pharmaceutical Industrial Cluster, the Zoning Ordinance would need to be amended to permit machinery and tools associated with the industry within the current zoning. One property zoned RB along Sycamore St is the city of Petersburg owned property at 801 S Adams St, the former site of Southside Regional Medical Center. The property has been vacant since the Medical Center was purchased and relocated in 2012. Permitting machinery and tools with a Special Use Permit in the RB district would allow for uses associated with pharmaceutical manufacturing to be located on the property and other properties zoned RB. Pursuant to the requirements of Title 15.2-2204 of the Code of Virginia, as amended, this is a public hearing to consider approval of a resolution recommending approval of an amendment to the City Zoning Ordinance, Article 13. “RB” Office-Apartment District Regulations, Section 2 to permit Machinery and Tools within an RB district with an approved Special Use Permit. The public hearing was advertised in accordance with applicable laws. No public comments were received prior to the public hearing. Chair Alexander asked the Commissioners if they had any questions for Director Tabor and no one answered. She then asked the public if anyone had anything to say in favor or against the amendment and no one spoke so she closed the public portion of the hearing. 8 Commissioner Vargo made a motion to accept the recommendation that has been put forward and Commissioner Harriston seconded it. The motion passed unanimously. 7. Old Business: a. Small Area Plans I. Downtown i. Arts and Culture District- Director Tabor just wanted to provide an update to the Planning Commission regarding a downtown plan grant application that was submitted by Main Street Petersburg. That grant application is still pending with the Virginia Department of Housing and Community Development. As soon as the Planning Department knows anything they will let the Planning Commission know. ii. Delectable Heights-Similarly the Planning Department has received a proposal for the development of a for a small area plan for the area as the City has quite a few small developments happening in the neighborhood. This plan is needed to make sure that the upcoming development is cohesive and to address infrastructure issues like curb and gutter drainage, sidewalks, lighting, etc. Unfortunately, we do not have dedicated funding for all that at the moment but that has been requested and the commissioners will be kept up on the status of that. 8. New business: a. Presentation—Appomattox River Trail, FOLAR presented by Heather Barrar. Ms. Barrar had been to the meeting last month when Chair Alexander had discussed a presentation, she had been at that had been talking about all the cool things going on at the river and so Ms. Barrar wanted to bring everyone up to date about what was happening with the Appomattox River Trail. FOLAR is developing he 25-mile Appomattox River Trial. There is a big master plan for the whole region but of course the important part tonight is the Petersburg portion. All Localities have passed a resolution of support for the Master Plan, but only the City of Petersburg has signed a MOU with FOLAR. FOLAR’s priority right now is 7 miles that go right through Petersburg including the new University Blvd trailhead. At the new trail head, there are new signs, there are new native plant areas, and some other really cool parts. The portion that they are working on is going to be THE bicycle trail through Olde Towne as soon as the funding comes through. There are several portions of the trail that the funding has come through to start these projects. Lots of other projects are happening in Hopewell and Colonial Heights as well. There are lots of benefits in this trail project. Things like mental & physical health benefits, free and safe transportation, a sense of pride, community gathering space, honors the history, and gives an outdoor education. And it helps with the bottom line in the economic development. 9  b. Save Historic Petersburg – Director Tabor wanted to brief the commission on an initiative that has been started by the new City Manage Stuart Turille. It is an effort to save historic properties from demolition realizing the value that historic properties add to the City of Petersburg, how they are such an important part of the fabric of our community, and this is an effort to identify resources, to address problems related to those historic properties, to provide resources to homeowners (especially those without means) to help them address issues related to their property so that they do not become dilapidated and in a state that requires them to be demolished. In the future, Director Tabor will let the commission know what is happening with this initiative. c. Noise Ordinance (Noise, Use, Hours Nightclubs and Restaurants) – Director Tabor mentioned that the City of Petersburg City Council wants the Planning Commission to consider and provide a recommendation regarding an amendment to the City Code Noise section. The request follows complaints and concerns regarding noise from restaurants especially in the downtown area. The city’s zoning ordinance does not include regulations regarding noise. However, references to the zoning ordinance are included in the noise ordinance and maximum decibel readings are defined by zoning district classifications. There are many ideas that the Planning Commission can consider with regard to recommendations to the Council. One is that they can recommend an exception for approved night clubs (which are required to get a Special Use Permit), recommending an extension on the weekends, certain exemptions or certain hours for certain areas, recommending changing the daytime hours could also be an option. There was a comment that was received from Mr. David (DJ) Payne, the owner of Wabi Sabi/DJ’s Rajun Cajun/DJ’s Java Joint as well as proposed amendments by Mr. Charles Cuthbert. The Planning Commission is scheduled to meet again November 4th, 2021, and if it is the desire of the Commission, a public hearing can be scheduled for that day. And then definitively identify recommendations to City Council for their November meetings. Chair Alexander said that she liked putting this off with the restaurant hours as the same places that would be affected by the restaurant hours would probably be the same people who would be affected by the noise ordinance as well. So, it would pretty much be the same group of people that would be coming to both meetings so we should do them both at the same time. Commissioner Edwards said that since we are going back to in person meetings and that this is such a hot button issue, that it would be better for everyone if we waited until the next meeting so that we can see everyone’s reactions. He also said that the bottom line is that we cannot stay in the past and expect that things that worked back then will work today as that is definitely not the case. He does sympathize with those who have lodged complaints, but we have city to run, our businesses have to survive, (those which have held on during Covid when things were looking grim and uncertain) and so he does not believe that we should clip their wings. He also believes that we need to have a city-wide ordinance and not just in Old Towne or Crater Road, it needs to be uniform through the whole city and therefore be fair. Chair Alexander agrees that we need to have this discussion in person. Commissioner Hairston also agrees that this discussion needs to be in person. He also wanted to say that he is passionate about it because he sees that Petersburg is really in a position to leap forward and really make this a destination town but the things that we do going forward will determine what type of town we are going to be and what type of tourist we will attract. He said that we really want to get those upwardly mobile families that are coming to town and who are visiting the casinos, our trails, but we also have to have entertainment for them as well. Because at the end of the day people just want to go out and enjoy themselves. More so than they do when they are at home. The people who live here are going to be totally different than the tourists. He said that he thinks that where we are now and 10 especially trying to make this a destination city, we really have to think of the tourists, while yes keeping in mind the citizens, but we have to think about what is going to pull the people here and bring capitol to the city. And so, he too wants to have this in an in-person meeting to discuss it. Commissioner Hairston made a motion to move this to the November 4th meeting as a public hearing and Commissioner Edwards seconded it. The motion passed unanimously. Announcements: Director Tabor wanted to acknowledge the fact that the 4th Ward City Council Member Councilor Cuthbert at the meeting as well as the Commissioner of the Revenue Brittany Flowers were at the meeting tonight. Adjournment: Meeting was adjourned 9:20 p.m. Next meeting is at 7:00 p.m. on November 4th, in person at the library. 11