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HomeMy WebLinkAbout05-08-23 Planning Commission Minutes Commissioners Present: Kevin Meyer, Chairman; AJ Schrantz; David Hall; Van Taylor, Terry Hale, Frank Neice, Rachel Arthur, Commissioners Absent: N/A Town Staff: Mike Haskins, Economic Developer; Darlene Burcham, Town Manager; Spencer Rygas, Town Attorney; and Summer Bork, Town Planner. Call to Order Chairman Meyer called the Planning Commission to order at 6:30 p.m. Roll Call of Commission A quorum was determined with seven commissioners present. Review and Approval of Minutes Motion to approve April 10, 2023 minutes was made by Comr. Schrantz and seconded by Comr. Taylor. Motion passed unanimously. Chairmen Meyer noted that April’s notes didn’t not include who made and seconded the motion to adopt the Absentee Resolution (Resolution 2023-01). Public Hearing Two members of the public were present for the commission meeting, Mr. and Mrs. Tracy MacAfee. Comprehensive Plan Update New River Valley Planning Commission representative, Mrs. Aphi Falcon presented changes made to the Town’s Comprehensive Plan Update. No public comment was given regarding the Comprehensive Plan. The Planning Commission voice several notes relating to their review of the printed document. Comments included: Comr. Schrantz voiced concerns regarding spacing, word wrapping, and other formatting inconsistencies. Chairman Meyer suggested using left justification address the spacing, particularly in the policy sections of the plan. Comr. Arthur commented on print quality and legality should the document be printed in grey scale. Comr. Taylor noted typographical errors, formatting, and clarity issues. Comr. Niece asked for rewording in the safety section to improve clarity regarding total positions vs. jobs filled. Comr. Arthur asked for better captioning of maps, tables, and data to improve readability and information finding. Town Manager Burcham reminded the commissioners that the content of the Comprehensive Plan is the most important aspect of the document and commended the commissioner on the hard work and time they have committed to creating this document. Chairman Meyer noted that exploring community gathering and recreation open space options for residential areas near Claremont St. as that it has very limited open space amenities presently, and the area is residential. He commented that such amenities were important for resident’s quality of life. Mrs. Falcon noted that since this area is zone R-1 a, parks, playgrounds, and other recreational facilities are allowable uses in the area. Chairman Meyer clarified that he was concerned that this need would be overlooked open space recreation near Claremont St. He believes that commissioners should remain cognizant of the issues when making decisions in the future. He reminded attendees that everything is changing, and by continually evaluating town zoning and land use needs is critical to effect decision-making within town. Comr. Taylor made a motion to recommend to Counsel that the Comprehensive plan be adopted subject to the changes discussed. Comr. Hall seconded the motion. Motion passed unanimously. Council Initiated Rezoning of Property-2460 Lee Hwy from R-1 to RO. Mr. Haskins reviewed the previously discussed which occurred in closed section on April 10, 2023. The property in question is for sale. The property has a history of office space. The building has space for 15 doctors’ offices and additional personnel areas. The adjacent properties are presently zoned R-O. Staff area exploring options for other business opportunities since the building is large and it is unlikely to have another medical facility of such a large size relocating to the existing building. Presently, the property is located within an R-1 zone and was a grandfathered use. Staff recommend that the parcel be rezoned to RO. Zoning Ordinance 408.1 Purpose of the Residential-Office District The purpose of this district is to provide for office buildings in attractive surroundings with types of uses and signs so controlled as to be generally compatible with medium density or low-density residential surroundings. The district can be applied to large or small areas if development standards are complied with. Height of office buildings is limited to three stories or to two stories in proximity to a low-density residential district and permitted ground coverage is low to further enhance residential compatibility. Medium density residential uses are permitted as alternatives to office use. A preliminary definition of “Medical Office” was given to the Commission by Mr. Haskins after some discussion regarding verbiage, and how the definition might be applied in other R-O areas of town. Mr. Rygas noted that while “Medical Office” was not defined within the Town’s Zoning Ordinance, “Medical Clinics” is defined and that many of the elements discussed by the commission is included within the current “Medical Clinics” definition. Medical Clinic. An establishment in which doctors, dentists, or other practitioners licensed by the Commonwealth of Virginia provide health care services to clients, including medical or health-related physical or massage therapy, counseling, diagnoses, or treatment, exclusively on an outpatient basis. “Medical clinics” provide outpatient care on a routine basis and may offer minor surgical care, but do not provide overnight care or serve as a base for an ambulance service. For purposes of this definition, “medical clinic” does not include “outpatient mental health and substance abuse clinics” or “pain management clinics.” A motion was made by Comr. Taylor to recommend to counsel that the definition of “Medical Office” be the same as “Medical Clinic”. The motion was seconded by Comr. Arthur. The motion passed unanimously. Chairman Meyer opened the public comment on the R-1 to R-O zoning. Mr. and Mrs. Tracy McAfee, who live near the property in question, commented that they appreciated the care the town was taking in handling this process. They appreciated the clarification of what an R-O zone is. While they support another business going into the space, they are concerned what other uses might be allowed and how large the R-O area would be, particularly relating to the cow pasture nearby. Chairman Meyer explained that the cow pasture and house that is behind it that are across the street from the Macafees’ residence, are zoned R-O, and is the only reason that the town can consider zoning the parcel in question R-O. He then addressed the question regarding allowed use. By Right allows single-family dwellings, two-family dwellings, Multi-family dwellings, apartments, offices and office buildings, banks, medical clinics, employment services, funeral home, and asked if there are special exceptions in R-O zones. Mr. Rygas clarified, there are in the special exceptions. Chairman Meyer listed several of the special exception uses. Mrs. Macafee became concerned about the potential of townhouses or apartments density on the property, and asked whether density could be restricted. Chairman Meyer replied they are a by-right use, so it could not be restricted, and only the property owner could choice to limit the density. Chairman Meyer closed the public hearing. Chairman Meyer gave a brief comparison to RO and R-1. By changing zoning to R-O, the property is opened up to multi-family dwelling development or apartments. Chairman Meyer is most concerned by the potential development of apartments in the area, and his primary concern is the increase of traffic at the intersection and its effects on public safety. He also reviewed some of the special exception within R-O. He stated that his main concern with rezoning this property to would be the introduction of higher density residential residents on this parcel, and that in future the parcel would at some point a high-density apartment complex would be located on the parcel. Comr. Schantz commented while it may be a potential concern, the likelihood was very low. He was not sure that more housing would be a bad thing and didn’t understand the need to discredit this decision on a “potential thing happening”. Comr. Arthur commented that the principle structure cannot be more than 35’ and if the commission is worried about a high rise, there are some restrictions on what can be built. Chairman Meyer read a piece of the zoning ordinance, buildings are limited to two or three stories depending on the use and surrounding area. He mentioned that this building in question if he remembered correctly were built on shale floor like the hospital and when the hospital attempted to go up another story they were prevented due to structural concerns, and that addressing these was cost prohibitive. He believed that redevelopment of the property in question may have similar structural concerns and make multi-story construction cost prohibitive too. Mr. Rygas interjected that if the commission believed it was a problem redeveloping the existing building into apartments that they could publish their decision regarding this property and address this concern as a follow-up the commission could explore what the RO districts encompass as uses, and address it at the use level and amend the definition of apartments in RO. Chairman Meyer wondered why and how the adjoining parcels became RO. He didn’t remember it being done while he was on the commission, and speculated that the house may at one point may have housed multiple medical residents at one time. Comr. Neice questioned whether the “helipad” might deter/negate higher density housing within the area. Chairman Meyer said that what the hospital had a “heli-spot” which does not have the same requirement of a helipad. Comr. Arthur asked what other regulations relate to hospital medivacs that might limit what can be constructed in vicinity. Chairman Meyer continued that because of topography it was likely that higher density housing wouldn’t affect the viewshed very much. He primary concern remained traffic issues in the area. Comr. Arthur asked if rezoning the property to RO would require a traffic study for the areas. Chairman Meyer responded no. However, because the road is a U.S. Hwy, you can only turn right and head out of town legally. Comr. Taylor made a motion that the commission recommend to the council that the property be rezoned from R-1 to RO. Comr. Hall seconded the motion. Neice- Nay Hale- Nay Taylor-Yay Schrantz- Nay Meyer- Nay Hall- Nay Arthur- Nay Motion Failed Comr. Schrantz made a motion to recommend to council to approve the request for rezoning of 1960 Lee Hwy from R-1 to RO, on the condition that council approves the commission’s recommendation regarding “Medical Offices”. Motion was seconded by Comr. Niece. Commission passed motion unanimously. They then had a lively discussion regarding Roberts's rules of order. Mr. Rygas and Chairman Meyers made the point of order that a commission member may withdraw a motion prior to it being seconded, and the motion will die. Old Business None New Business None Staff Report Mr. Haskin presented a packet relating to green energy companies interested in locating within the town. He explained the need for definitions and zoning regulations regarding green energy and infrastructure as related to businesses in the near future. He said staff recommendations would be forthcoming. Comr. Arthur asked whether solar recommendations would include residential recommendation as well as commercial and industrial. Ms. Burcham stated that there is not zoning issue with placing solar on there home. Comr. Taylor asked if she mean that a building inspector didn’t have to come and inspect your solar. Ms. Burcham clarified I did not say that. As relating to zoning regulation, the town don’t have issues with residents erecting solar on residential properties. There is a difference. She added that she believed that when staff brought recommendation to the Commission if would likely be in the form of a special exception. Comr. Is this something they are looking to have a relationship with the town and perhaps help to offset the town’s energy use, or is this private? Mr. Haskin responded Calvert Energy is hoping to yes. Comr. Schantz reminded the commission of the training several of them had attended relating to solar and that it was up to the town to envision how green energy would look within their locality and things like buffer zones can be employed to preserve viewsheds, and public safety. Comr. Taylor asked whether Mrs. Falcon was aware if the regional commission had sent out the documentation from the training the commissioners had attended about solar implementation within communities. Comr. Arthur commented she would like to know how these companies could assist the town’s residence’s electrical build. She asked if it was something the town could negotiate. Chairman Meyer cut her off, saying that the commission could not negotiate if a company would like to proffer something they can, but the only thing that a town may offer is a tax credit. Comr. Schrantz reiterated that the town may stipulate within its ordinance how a solar farm should look, and companies adhere to these requirements to meet the definition. Comr. Niece added that energy storage may also be stipulated. An additional point of business is that the town has hired a new town planner, Summer Bork. Ms. Bork introduced herself. Ms. Burcham explained some of the personnel duty reallocation that was going on within the town’s community development to most effectively utilize the staff’s time and abilities. Other Business Due to confusion over scheduling, which occurred among staff and commissioners, Comr. Taylor asked to set the meeting start time at 6:00pm. Comr. Schrantz said he preferred 6:30pm as it allowed him to eat dinner before coming to the meeting. Comr. Arthur told him she would pack him a sandwich. Comr. Niece raised concerns about getting out of session at a reasonable time in the evening. Ms. Burcham mentioned that the commission could limit their discussion. Mr. Rygas clarified that the Town Council meets at 7:00pm because typically there is a closed session and the actual start time is adjusted depending on how long that is estimated to take. Comr. Taylor made a motion that Planning Commission Meetings start at 6:00 PM. Comr. Schrantz Seconded. Motion passed unanimously. Adjournment With there being no further business to discuss, Chairman Meyer adjourned the meeting at 8:42 p.m. AJ Schrantz, Vice-Chair ATTEST: __________________ Summer Bork, Town Planner