Planning Commission

City of Petersburg Planning Commission Meeting September 1, 2022 Minutes The City of Petersburg Planning Commission meeting held on Thursday, September 1, 2022, virtually was called to order by the Chair, Mrs. Tammy Alexander at 6:30 p.m. A roll call was completed by Ms. Michelle Murrills. Members Present: Ms. Tammy Alexander, Chair Mr. Fenton Bland, Vice Chair Mrs. Chioma Adaku Ms. Marie Vargo Dr. William Irvin Ms. Candy Taylor Dr. James Norman Members Absent: Mr. Thomas Hairston Mr. Michael Edwards A Quorum was established by the Chair. Others Present: Mr. Reginald Tabor, Ms. Michelle Murrills, Ms. Sandra Robinson, Mr. Dean Hawkins, Ms. Theresa Hussein, Mr. William Johnson, Mrs. Laquisha Johnson, Mr. Tony Gaines, Ms. Franics Reed, Mr. Vernel Gannaway, Ms. Gail Ross, Ms. Kimberly Cole, Ms. Ruby Barley, Ms. Laquetta Harris, Mr. Melvin Green, Ms. Donna Wells, Ms. Cynthia Jenkins, Ms. Theresa Mason, Mr. Eric Stevens, and Mr. Chris Farag. Adoption of the Agenda: Chair Alexander called for any changes…there were none 1 Vice Chair Bland moved for the approval of the agenda; Commissioner Vargo seconded the motion. The motion passed unanimously. Minutes: Chair Alexander asked if everyone had a chance to look through the minutes and if there were any changes that were needed. Commissioner Vargo made the motion and Commissioner Irvin seconded, to accept the minutes, which was then unanimously passed. Public Information Period: Chair Alexander opened the Public Information Period to anyone who wished to speak on an item, not on the agenda. No one chose to speak and so the Chair closed the public information period. Public Hearings: Chair Alexander read the notice of a public hearing as follows: 6a. 22-REZ-04: (Continued from the July 7, 2022, meeting). A petition submitted by Dean E. Hawkins, Agent for Zahid Rashad, Manager of Real Simple Healthcare, LLC & Polyclinic Park, to amend the previously approved list of proposed uses to the existing B-2(c) General Commercial District with conditions, adopted by City Council on October 28, 2008, 08- ORD- 88. The owner would like to add the following permitted uses: Bank, Credit Union, and ATM; Personal service establishments to include Barber Shop and Beauty Salon; Pharmacy; Printing, Publishing and Engraving, and Restaurant (sit down/drive-thru). Current permitted uses are as follows: Churches; Business and Professional offices; Medical offices; Child/family care centers; Schools such as, but not limited to, nursery, training, etc., and Studio for artist, photographer and musicians which include teaching of art, music, dancing, and other artistic instructions. The proposed locations are 601 Old Wagner Road, Tax Parcel ID: 083010806, 607 Old Wagner Road, Tax Parcel ID: 083010807, 613 Old Wagner Road, Tax Parcel ID: 083010808, 619 Old Wagner Road, Tax Parcel ID: 083010809, and 627 Old Wagner Road, Tax Parcel ID: 083010005. The subject properties total 7.32 acres. The B-2 (c) zoning was previously approved under case REZ 2008-02. 2 Ms. Robinson added that staff and the applicant, met last Saturday. As a result of that meeting, different uses were discussed that the neighborhood may be amenable to. The residents said that they really do not want a convenience store, a gas station, or a restaurant on the site. But the other uses they could live with. Mr. Hawkins sent a letter to Ms. Robinson to make amendments to the case. As there is no restaurant already decided on, the restaurant would only be on the outer lots and would only be open from 6am-11pm. Mr. Hawkins then spoke. He explained that there are many uses that he is not allowed to ask for to be added because the zoning for this area is different and that there could be a lot more uses allowed if he were in a different part of town. He explained that he was not completely aware of this himself nor were the residents until it was completely explained to him recently. He then re-introduced Mr. William Johnson and Mrs. Laquisha Johnson. They are wanting to move their cosmetology business to the existing building there. He wanted to say that this meeting is just a continuation of a conditional use application and is not a list of the complete uses that could be brought into this application. Chair Alexander then asked if commissioners had any questions for Mr. Hawkins, when no one spoke she said she was going to open the public hearing portion of the meeting. Ms. Teresa Hussein, 636 Old Wagner Road: Which, as I said in July, is right across from the only egress from two standing buildings. I was not aware of any of the meetings after the one here at the library on July 7th, so I think that it is a bit disingenuous to say that only certain lots are on Old Wagner Road as the parking lots are all on the Old Wagner Road side. And generally speaking, it is the parking lots that get loud and messy. So in my opinion there is absolutely no change from not wanting any restaurants. Any change to the amendments is useless. Furthermore, I do not want golden arches to be lit up over my house for 18 hours a day. Also, was the traffic study that was “suggested” at the July meeting ever completed because I do not want to sit out on my front porch with a shotgun to advise trespassers pulling out of the restaurant or ATM or whatever that they are on my property? So all of my concerns are still in place from the July meeting. I am angered by the response by the commissioner which seems dismissive and insulting. Furthermore, without very specific traffic studies done, it seems to me that there will be a lot more cars on the streets, more noise pollution, and pollution period. We already have an issue in the neighborhood of blowing trash. I am vehemently against this amendment to the this and I am actually more interested in having the conditional use be more limited rather than expanded. But in the interim, I strongly urge the commission to deny the petition amendment that the petitioner expand the use. Mr. Tony Gaines, 661 Flynn Lane: President of the Neighborhood Association. One of the things that the residents of Berkley Manor have told me is the fact that they have a list of wishes in addition to the zoning that occurred back in 2008. The lots that we are talking about are very small and already have two buildings on them with the ability to have up to five. All of the uses that are listed can not fit on the site. And listening to the people talking we definitely do not want a restaurant. That’s our home, that is a neighborhood. Yes, there are some things 3 that we might find acceptable, but if this is a package deal then no we don’t want it. We do not want a restaurant right next to our home. That is our home. Ms. Francina Reed, 420 Chantaclear Drive: I have spoken before and I have said that we do not want the extra traffic and the extra crime because our neighborhood right now is the right place and we just don’t want it. And so that is all that I have to say. Mr. Vernel Gannaway, 652 Old Wagner Road: I do not want any sort of restaurant in the neighborhood. We are a quiet neighborhood. We have all this construction going on and we have all this traffic and we do not need any additional traffic and definitely nothing like a restaurant. This is just not acceptable. Ms. Gail Ross, 648 Oakwood Circle: It has taken a long time for the property values to increase here in Berkley Manor. But I suspect that some of these businesses that Mr. Hawkins is proposing will bring down our property values again. And it has been a long time and everyone here knows it. Our values have been very low even though most of our homes have more square footage than the other houses around here. Another concern is…personal services (and the Johnsons sound like they have great and valuable service) but the homegrown personal services, I am not sure what that means. Is it a massage parlor, it could be a vape shop. It could be any number of things. And that concerns me. I need a definition of what else could the personal services be. Certainly, I support my Old Wagner Road residents because I certainly don’t want extra traffic going in and out of the parking lot. Everything comes off of Old Wagnor Road. So that is my two cents. Ms. Kimberly Cole, 598 Old Wagner Road: I am just in support of my neighbors and I am glad to see we are in agreement. Those of us who live off of Old Wagner Road, that is already filled with traffic. We now have to consider school just started and school buses. We have children that are walking. We have neighbors that are walking these streets with all that extra traffic. I have to sit and watch that gastro intestinal sign just beaming 24/7. I pick up enough trash that is blowing around the neighborhood. Things like CVS receipts. The restaurant---Seriously? 6 am to 11 pm. I might not want to listen to someone honking at 6 am because they do not get their biscuit and egg properly. And Childcare…this is a neighborhood and we chose to live here for that reason. All the extra traffic which will make the potholes worse. I have been dodging potholes since I got here. So when these big trucks come through and tear up the road, and they tear up our cars…would y’all like to pay for it? No? well, I guess that means it will land on my insurance company and my bills will go up. So I do not support this, no, nope, no thank you! Ms. Ruby Barley, 522 Petty Street: I just want to say that we love our neighborhood the way that it is. And basically, I am saying that let's just say that hypothetically there is a club allowed to go in instead of a restaurant…that would mean that people are constantly going in and going out. In and out, in and out. We don’t know who is coming in and out. We don’t want that. So I am asking you please don’t do that. We don’t want it! 4 Ms. Laquetta Harris, 101 Catalpa Ct: I just moved to Petersburg. I only found out about this meeting this afternoon, but as soon as I found out about it I knew I had to be there. This is my first one of these. So when you talk about a restaurant the first thing I think about is the traffic and noise. I moved to Petersburg to be in a certain area. When I came down to look at the property, it was perfect. It was right off the highway and it was in a very nice area. I had a few options on where to build and so I chose Petersburg. I am totally against the restaurant. Anything else I can consider, but the restaurant I cannot. Mr. Melvin Green, 3513 George Street: I have lived in Berkley Manor for about 20 years. And as far as what everyone has said up here…In terms of our property values taking forever to grow, I am worried that if we allow this restaurant to happen that we will start losing our property values again. It took almost 20 years for my property to double in value. But anyway, I walk the neighborhood on a regular basis early in the morning sometimes and it used to be so peaceful out there before they started building things up there. It was nothing to see people at 5 o’clock in the morning walking in Berkley Manor, with no lights on. I liked that. I am afraid that if we start putting businesses out there, that will take away from that and it will no longer be safe to walk the neighborhood like I have done for the past 20 or 30 years. Thank you. Ms. Donna Wells, 440 Chanticlear Dr: I am sure that the people who are working on the zoning have already done their homework. And I am sure that the people who build businesses and such have done their homework. But if you drive around Petersburg a lot, people always build strip malls with little stores and restaurants. In Petersburg, there have been a lot of places that these have been built and no one is in them. So now you are going to have a property with no one in it. This is our home, I do not need a restaurant. We have fifteen restaurants on Crater Road if I want to go get something to eat. So I cannot see hurting our neighborhood, having a lot of trash, having people that we don’t know, and for that matter, who is going to come to eat at the restaurant? Who is going to be spending the money to keep the business afloat? That would be the problem for me. All those buildings that exist that no one is in. Ms. Cynthia Jenkins, 590 Old Wagner: I have lived many years, I purchased my home in 2000. And I have seen things change since then. I have seen the traffic change in 22 years. I have seen a gentleman shot pulled over in front of my house. I did not know he was shot. It was the guys from The Kingdom Hall that actually saved him. It is so dark over with the buildings that are there now and we do not need more people coming in. So I am in agreement with my Berkley Manor neighbors. I am in agreement with everyone here and to be honest, I do not want anything else to be built there. The reason I feel this way is because there is easy interstate access right there. Ms. Theresa Mason 3211 Holland Drive: I am here on behalf of myself and my mother. I grew up at 526 Petty street as a child. We moved to the neighborhood in the 1980s. Back then, years ago, we fought having a convenience store here then. The neighborhood did not want us kids to go out and spend our lunch money on things at the store. As, a kid I did not get this, but as an adult, I do now. I like this area because it is quiet. No one knows that we are back here. When we were growing up, we had no street lights and no traffic. No one knows that we are 5 back there and I like that. The beauty shop and whatnot that is fine…they all close their shop by five and they all go home and that is fine. A restaurant? Everyone is in and out, there is the highway. At my mom’s house, when we first moved there it was on a culdesac but now it’s a street. So I just want you to take into consideration that this is our home and this is where we live. Yes, this city does need businesses but there are so many other places that someone can build. We have enough fast foods. We need recreation and we need other things besides fast food. This is a food desert. We need more grocery stores. So please take that into consideration. At this point Chair Alexander then closed the public portion of the hearing. Commissioner Bland said that he grew up in and around Berkley Manor and that he understood where you are coming from and I feel you. Thank you. Mr. Hawkins then asked to speak again. The owner is interested in making all the entrances available including the emergency exit. He said that the city might want to do a traffic plan and see how the traffic flows and what might help it. Changing the emergency exit into a viable entrance and exit might help with some of the traffic problems in the neighborhood. Another thing is that the fire marshal and other officials are worried that if the restaurant is allowed that it can become a nightclub. The Fire Marshall said that if the restaurant were to come about, he would be putting q lot of time into making sure that it did not become a nightclub. Which is not on our radar. I also want to say that I am impressed with people that you have here for this neighborhood. I am very impressed since it shows that you have a tough neighborhood. The neighborhood is nice, it has a nice park. If anything this neighborhood is underdeveloped. I also know that one thing that is a problem for you is the trash. I spoke with Dr. Rasheed and he said that they are not throwing out trash like that on the site. So I went back over to the site and decided that I was going to see what I could find and I saw trash. I saw trash in the ditch and in the culverts. I even saw mattresses on the side of the road. So on the day that I was there, that is what I saw. I wanted to say that it is also up to the residents to report if things like mattresses are out on the sidewalks. Chair Alexander then asked Mr. Tabor if there had been a traffic study done in the area. He said no, that a traffic study would have to be completed by an applicant and not the city. Chair Alexander then asked if Mr. Hawkins would be willing to do the study. He answered that he thought that the city would provide it. But since they are not…that is fine. Normally traffic studies are not required by VDOT unless you exceed 10,000 cars per day use and we are not anywhere near that. He would be willing to do it, but only if necessary so let's see what happens first. Commissioner Irvin then said that he had some questions. First, he asked if it would be possible to commit to an improvement plan and to add to that plan the modify that emergency entrance which would help with the traffic on Old Wagner Road. He also said that perhaps it would be better if the owner took out the interest in having a restaurant. Mr. Hawkins then said that he can say whether or not to keep having an interest in having a restaurant, but that he does not want to take it out since he cannot see McDonald's coming 6 into that area and that the neighborhood still can say what kind of restaurant it is in a future meeting. If we ever decide what restaurant to put in there, then we can all come back and decide if that restaurant should be allowed to go into there. The other thing is that he does not think that VDOT will not allow for the crossover at the emergency entrance and exit then everything will still dump onto Old Wagner Road. And that even though that is true, it would still help some just opening it up. Chair Alexander then asked about the hours of the businesses that are in the buildings now and Mr. Hawkins said that they were mostly doctor offices and that they were closed around 5 or 6. In that case, perhaps the restaurant would be willing to close at like 8:00 or so. But Mr. Hawkins then said that might not work for who might go in and he is not willing to say yes or no. Commissioner Irvin then said that there were eight additional uses being asked for, and so what is your hesitation about cutting out the restaurant if that is what the neighbors want? I think that you should be willing to be good neighbors. Mr. Hawkins then said that he would remove the restaurant from the list and come back later when he has more information so that everyone will be able to make a more informed decision. Commissioner Adaku then said that she wanted to make a motion to take the recommendation of the staff with the removal of the restaurant. Commissioner Taylor seconded it Commissioner Bland then made a substitute motion instead, but Chair Alexander said that the first motion was already on the table. Commissioner Norman did not agree with that. He said that the substitute motion is acceptable if he gets a second and then Commissioner Norman seconded it. Once it was verified which motion they were voting for, Commissioner Bland’s motion to deny all business types passed 4-3. Mr. Hawkins was informed that he could go in front of City Council but that it would be with the recommendation from the Planning Commission that it all be denied. 6B. 22-REZ-08: A petition submitted by Solar Star Petersburg1, LLC to rezone the property addressed as 970 Winfield Rd. Petersburg, VA 23803, Tax Parcel ID: 034020003, from R-5, Multiple Dwelling District to M-1, Light Industrial District. The purpose of the rezoning is to permit the use for a proposed project which is a 5MWac (Mega Watts of Alternating Current) solar electric generating facility, which will apply to be considered for the Virginia Community Solar program, increasing the renewable energy generation portfolio, and replacing fossil fuel resources. 7 Ms. Robinson then gave the presentation. A request was originally brought in front of the Planning Commission back in 2010 for the same thing. It was denied by the commission but City Council approved it. So this is a different applicant and a different parcel. The Planning Commission last year passed an ordinance that would allow solar farms to be placed in various zoning districts. The applicant is asking for the zoning to be changed so that he can have the solar farm on his property. Eric Stevens is the applicant and Chair Alexander asked him if he wanted to speak. He said we have discovered a piece of land that has had some zoning challenges and we are looking to develop it for a solar farm. Chair Alexander then asked if there was anyone from the public who would like to speak and no one was there to speak. So Chair Alexander closed the public hearing portion. She then asked if there were any questions from commissioners. Commissioner Vargo clarified what a Solar Farm was. Mr. Stevens then said that the company was planning on keeping the trees as a visual buffer. Commissioner Adaku asked for clarification of when and why it was denied by the Planning Commission, but allowed by City Council. Chair Alexander then said that the commissioners denied it back then based on the history of the applicant. It was further said that while it was approved the solar farm never happened. Commissioner Irvin then made a motion to approve the motion and resolution for the solar farm as stated by Ms. Robinson. It was seconded by Commissioner Bland. The vote was taken and there was a unanimous decision. 6C. 22-SUP-01: A petition submitted by Solar Star Petersburg 1, LLC to obtain a Special Use Permit to operate a Solar Farm on the property addressed as 970 Winfield Rd. Petersburg, VA 23803, Tax Parcel ID: 034020003. The purpose of the Special Use Permit is to permit the use for a proposed project which is a 5MWac solar electric generating facility, which will apply to be considered for the Virginia Community Solar program, increasing the renewable energy generation portfolio, and replacing fossil fuel resources. Then there was another motion with a resolution for rezoning the property as well that was made by Commissioner Bland and seconded by Commissioner Vargo. It too passed unanimously. Chair Alexander then quickly went to the next thing on the agenda. 6D. 22-SUP-02: A petition submitted by Chris Farag, to obtain a Special Use Permit to establish and operate a stand-alone vehicle repair, to include general automobile repair shops, truck repair shops, transmission repair shops, engine repair shops, car washes or car washing and detailing 8 operations, and similar facilities, such to be permitted within the B-2 and M-1 zoning districts only, under Article 23 of the Zoning Ordinance, Section 4. Special Uses Enumerated, (23). The applicant would also like to be permitted to sell tires and perform alignments and general auto repair services on the subject site. The proposed location is 944 E Wythe Street, Tax Parcel ID: 012210002. The subject property is zoned B-2, General Commercial District. Ms. Robbinson then made the presentation. She explained the process to the applicant that if he were to sell more than 200 tires, he would have to go through a special permit process. However, his establishment will be ordering them for the client and not really selling them. He has another establishment in the area and that is where mainly the tires will be held. So he does not need a special use permit for the car dealership because he has over an acre of land. So that would be permitted use by right. Chair Alexander did clarify that there had been this type of business here before and Ms. Robbinson explained that this used to be Colonial Honda. Mr. Farag was there and he said that basically Mr. Robbinson summed it up wonderfully and he thanked everyone for their time. Chair Alexander then asked if there were any questions from the commissioners. There were none. And then she asked if there were any questions from the public and was told that there was no one there. Ms. Robbinson then said that staff recommended approval. Commissioner Bland approved the motion and Commissioner Vargo seconded it. The motion passed unanimously. 6E. 22-SUP-03: A petition submitted by John R. Sindlya, Esq. Agent for City Switch II, LLC to obtain a Special Use Permit to construct a telecommunication, monopole tower on the property located at 2320 W Washington Street, Tax Parcel ID: 027060801, within a 20’ x 50’ fenced compound. The tower will be 205’ in height. The tower is to be utilized by CSX Railroad and AT&T for the improvement of Communications systems. The subject property is currently zoned M-1, Light Industrial District. Ms. Robbinson gave the presentation. She said that everything would be the same as every other monopole in the city and that staff’s recommendation was to approve it. Chair Alexander then asked if there were any questions from the public or from the commissioners. Commissioner Irvin then asked if there were any issues for the surrounding houses and buildings and Ms. Robinson replied that there were no responses from the adjoining buildings. Commissioner Irvin then made a motion to accept the staff’s recommendations which was then seconded by Commissioner Bland. The vote was called and it passed unanimously. Because the library closed at eight and the librarian would NOT allow the Planning Commission to continue the meeting so it was quickly voted to continue the rest of the agenda until the next 9 meeting. But before the end of the meeting, Mr. Tabor did want to say that the City of Petersburg has started the comprehensive plan update process and next week the consultants come in and will start with the comprehensive plan. There will be a joint meeting between the Planning Commission and City Council. Commissioner Irvin then moved to end the meeting at 8:05 p.m. 10