RISTOA  Planning Commission Minutes August 19, 2024 12:00 - PM  Present: Daniel Shew, Kristie McElheny, Paul Conco, Bill Hartley, Anthony Farnum, Alex Littleton Staff: Jay Detrick, DirectorofCommunity, Development; Jake Chandler, Director ofPublic Works; Amy Others: David. McGhee, Bristol Herald Courier; Thomas Browning (Jade Products, LLC); Tim Dunaway  Absent: Kalen Hunter  Dula, Deputy Clerk; Gene Christian, AVTechnician and Kelly Graham (JMB Investment Company LLC)  A. Call to Order  Mr. Shew called the meeting to order at 12:01 p.m. B. BriefComments from Staff and Planning Commission Members  Mr. Detrick thanked the Commission for their attendance at thej public house for the comprehensive  plan and that staff provided a draft for review.  C. Minutes  . July 15, 2024, Regular Meeting Motion Passed: 5-0  Moved by Paul Conco; seconded by Kristie McElheny  D. Regular Agenda  Residential Use in a Business District. 1000 Sycamore  Mr. Detrick gave the staff report. Anna Morgan submitted an application requesting residential use in a business district for her property located at 1000 Sycamore Street. The property is currently zoned B-3, General Business District, which only permits residential use with the approval of the Planning Commission. The subject property is comprised of four lots of approximately 7,000 square feet fronting on Sycamore Street and Westin Drive, and the structure is currently vacant. The last use of the property was a professional office, but it has been vacant for approximately five years. There are residential uses to the south and east of the property. Manufacturing use to the north and vacant property to the west. To the staff's knowledge, no previous relevant action has been taken by the Planning Staff has reviewed the request for the residential use in a business zone at the site location and has the following analysis: The property adjoins residential zoning districts to the northeast. Currently, in the B-3 district, there are a large number of residential uses along Sycamore Street, Westin Drive, and Central Court. Given the property's location and that its original use appears to have been residential, staff recommends approval of the request to allow the property located at 1000 Sycamore Street to be used as a residence in al B-3 zoning district.  Commission.    Mr. Shew noted he would abstain from voting because he is the applicant's realtor. He clarified that the applicant wishes to have the option to sell the property as commercial or  residential. Motion Passed: 5-0 Abstentions: Daniel Shew  Moved by Anthony Farnum; seconded by Paul Conco  2 Approval of Subdivision File #08-2024, 805 Highland Avenue  Mr. Detrick gave the staff report. This request is for final approval to subdivide the existing lot of 805 Highland Avenue into two townhouse lots. The resulting lots will be 0.173 acres and 0.182 acres. The subject property is zoned R-2, Single, and' Two-Family Residential, and is being subdivided in accordance with Section 50-118, Townhouses. The property owner, Danny Browning, has been working to restore the house at 805 Highland Avenue, which is currently vacant but used to have seven apartments. He plans to downsize these seven units into two and then subdivide the lot through the middle of the house along the party wall, creating two townhouse units, each on their lot. The current use of the property is a vacant City staffh has reviewed and approved thej preliminary plat. The final plat is attached and ready The proposed subdivision is in compliance with Section 50, Article III, Subdivisions, oft the City Code. Staff recommends that the final plat be approved by resolution. The Mr. Shew noted he would abstain from voting because hei is the applicant'sr realtor. Mr. Farnum noted that converting the property into townhouses is a good idea because oft the Mr. Hartley asked ifa portion of 434 Lindsey Street is included in the subdivision plat. Mr. Detrick said the applicant previously subdivided that property, which did not require City Moved by Paul Conco; seconded by Anthony Farnum to approve the final subdivision plat -  home.  for approval by the Planning Commission at its August 19, 2024 meeting.  recommendation can be made as a whole or by caption only.  need for housing.  approval and is only used in the staff report as a reference.  805 Highland Avenue by resolution. Motion Passed: 5-0 Abstentions: Daniel Shew Airport Road  3 File number 01-2024. Request for a Zoning Map Amendment Tax Map Parcel 347-1-2,Old Mr. Detrick gave the staff report. The applicant has submitted a zoning map amendment application and an application fee for the zoning map amendment request. The applicant proposes to rezone the property from M-2, General Industrial District to B-1, Neighborhood Business District. The oldest city zoning map in our offices (undated but likely from the mid- to-late 1970s) shows the subject property as being zoned M-2, General Industrial District. The following sections oft the report provide staff analysis for these issues:  The area has a mix of residential, civic club, and manufacturing uses. The closest residential properties are across the street from the site and can be accessed from Old Airport Rd.  4    Transportation Engineer Uma Pokuri has prepared multiple traffic studies. Mr. Pokuri has projected how much traffic a Dollar General Store would generate and another projection of Ifthey proposed rezoning is allowed, there should be no adverse impacts on natural resources. City staff will require all environmental-related permits, including soil and erosion control and stormwater management, to be obtained and approved prior to development. The request should not impact the school system from a use standpoint; however, the increase  what al by-right M2 use, a gas station, would generate.  in traffic could impact school buses.  There should be no impact on parks and recreation facilities.  Eric Blevins, Fire Chief, commented, "The nearest hydrant is located on the same side as the requested project site on the adjacent property. The location and projected flow rates would be acceptable for a B-1 designation. The location on the same side oft the road as the project location is beneficial for this location due to the heavy traffic pattern on Old Airport Road." Richard Adkins of BVU commented, "I have no electrical issues with this request." Will Witcher of BVU also commented, "Water service is available to the property by connection toal water line located along Old Airport Road. BVUowns and maintains an 8" sanitary sewer line located within a permanent utility easement along the common property line of parcel 347-1-2a and parcel 307-4-3. Sanitary sewer service is available to the parcel by connection to this line. The development of the parcel must avoid encroachment or any other interference with this easement. Water and sanitary sewer service connections will require payment of connection fees to BVU. Connection fees will be provided to the owner/developer upon submittal and review ofa site plan for the proposed development. Water and sewer service connections for development on the parçel may require excavation of Old Airport Road. Rightofwayresionation costs must be paid by the customer to. BVUinadvance ofinstallation of service connections and are in addition to connection fees. Estimates of right-of-way restoration costs will be provided upon submittal and review of a site plan for the proposed Thisi is located along the East Bristol Route on the City's fixed route service. The addition of Public Works Director Jake Chandler commented, "AIIII have is they must provide private trash service.. A stormwater analysis will be required at the site plan stage. This is also a spot Economic Development Manager Mack Chapman commented, "After looking over the area and the surrounding zoning, I do not believe it is in the best interest of the city to rezone one  Change would be acceptable.  development."  as store should not negatively affect the route.  rezoning request, which is not a good planning practice."  parcel to B-1 zoning.' 7  Three speakers at the August 13 joint public hearing offered comments:  1. Tim Slagle, 214 Old Airport Rd, Bristol, Virginia - Mr. Slagle spoke on the existing high traffic in the location and believed that the rezoning would cause the traffic to increase further. He also stated that he already has close access to Dollar General stores and does 2. Ricky Schultz, 143 Lynwood Dr, Bristol, Virginia - Mr. Schultz was concerned about traffic on Old. Airport Rd and suggested that Beacon Rdi be extended to Bonham Rd sO that  not believe there should be another one at this location  Permatile could avoid Old Airport Rd.  5    3. Tim Dunaway, Knoxville, Tennessee-Mr. Dunaway stated that hei represents the developer and spoke on the desire for Dollar General to be in the neighborhood. He believes the zoning amendment request to B-1 is appropriate for the area. He also pointed out that, in his belief, more people go. to Dollar General stores when they see them driving by as Staff has reviewed the application and request in accordance with the Code of Virginia and finds the following: Code of Virginia $15.2-2283, as stated in its entirety earlier in the report, states the purpose ofz zoning ordinances, "They shall be for the general purpose of promoting the health, safety or general welfare oft the public... "This code section gives 12 purposes that shall be followed when a locality creates a zoning ordinance. Code of Virginia $15.2-2284, also stated earlier in the report, informs a locality what shall be considered when applying these 12 purposes. The factors listed in this section have been evaluated by various members of City staff, as well as Bristol Virginia Utilities, in their respective field dofexpertise and have been documented in the "impacts" section of the report. The two factors that staff identified as potential issues with the request are those of traffic impact and the character of the 1. Traffic Transportation Engineer, Uma Pokuri, prepared a detailed traffic analysis for the application. Since the applicant identified the desired use ofthe property, a Dollar General store, the analysis showed the impact this use would have on the current roadway. Old Airport Road is a two-lane street with no median and a lane width of 10 feet. The speed limiti is 35 mph and is classified by VDOT as a Minor Arterial. The most recent. AADTof The analysis showed that a Dollar General of the proposed size would generate an additional 678 individual trips per day. This represents an increase of7.4% from existing conditions. The analysis also looked at the number of crashes along the corridor beginning in 2021, and the corridor saw a large increase in 2023, with 10 crashes, compared to 2021 and 2022, which had 7 combined. So far in 2024, January through April, there have been 2 crashes. The analysis states that "introducing a new store could exacerbate the situation The last section of the analysis showed that sight distance for a potential driveway into the lot would not meet the standard required for a 35-mph road. There is currently 300 feet of sight distance because of the topography, while 390 would be required to meet VDOT The study concludes that the introduction ofthe proposed store could raise safety concerns and affect mobility along this corridor. Careful planning would be needed to address these Mr. Pokuri performed a second traffic comparison, comparing the traffic generated by Dollar General to land uses that would bej permitted "by right" in an M-2 Zoning District. Mr. Pokuri looked at three additional land uses: an industrial park, a generic manufacturing facility, and a gas station with a convenience store. The comparison shows that while the industrial and manufacturing uses are well below Dollar General, a gas station with a The introduction of any development along this corridor will generate additional traffic and potentially cause problems that require improvements. A Dollar General store will certainly cause traffic to increase, as well as any other permitted use in a B-1 or an M-2 Zoning District. Ifthe rezoning was granted, orifal business wanted to open in the existing M-2, the City may require a developer to perform upgrades to the system to help mitigate potential problems with traffic. Additionally, as mentioned earlier in the staff report,  opposed to making an additional trip.  propery/comprehensive plan conformity.  Old Airport Rd is 9,220.  due to increased traffic volumes and turning movements."  standards.  concerns, including reconfiguring the road.  convenience store could generate as many as 4,407 on a weekday.  6    school buses and traffic could be affected by increased traffic. Bristol, Virginia, recently consolidated all ofits elementary schools into two new ones located approximately 1.5 miles from the proposed site. Old Airport Rd is a main route for many of the school  system's school buses and parent traffic.  2. Character of the propery/contormance with the Comprehensive Plan  The property is currently zoned M-2, General Industrial District, and the request from the applicant is to rezone the property to B-1, Neighborhood Business District. A Dollar General is not permitted in an M-21 District either "by right" or by Special Use Permit. Two staff comments addressed the character and use of the property. Economic Development stated that they did not believe it was in the best interest to rezone the property. Public Works commented that it is a spot zoning request, which is not good Community Development staff believes that the request to rezone one lot meets the definition of spot zoning. Spot zoning is "the application of zoning to a specific parcel of land within a larger zoned area when the rezoning is usually at odds with the locality's master or comprehensive plan and current zoning restrictions." The proposed lot for rezoning is surrounded by M-2, General Manufacturing District, and R-2, Single, and Two-Family Residential. Also, the Future Land Use Map of the City's Comprehensive Plan shows this area as "Heavy Industrial". Rezoning one loti in the manner of this request Using the standards and factors set forth in the Code of Virginia sections $15.2-2283, $15.2- 2284, and $15.2-2285, staffr recommends that the Planning Commission recommend denial of Mr. Farnum asked ifstaff considered permitting a special use instead ofrezoning one parcel. Mr. Detrick said the City Code lists "by-right" permitted uses and uses that require special use permits in each: zoning district; however, the owner's property does not meet the requirements for either use. Mr. Farnum asked if the proposed development would impact traffic on Old Airport Road and recommended decreasing the speed limit from 35 to 25: from King Mill Pike to Bonham Road. Mr. Farnum noted that local government should not dictate the types of business development as long as they are in the correct zoning district or have been approved by the City. Mr. Detrick said proposed businesses are evaluated based on the zoning district, Dr. Conco asked if the developer addressed concerns about the traffic pattern and driveway. Mr. Detrick said staff received comments from the developer late Sunday evening and included them in the agenda packet. Mr. Conco also asked about the traffic and ifstaff would consider the speed limit. Mr. Detrick said the Public Works and Engineering Departments would need to conduct a speed traffic analysis before considering the speed limit. Mr. Shew said that Ed Harlow would contact staff about the Masonic Lodge. He also asked about issues regarding sight distance. Mr. Detrick said that all developers are required to Mr. Tim Dunaway addressed the Commission's comments and concerns: The developer requested a spot zone because Dollar General would benefit the residential neighborhood. He noted that adding a retail store would increase traffic; however, the developer would add a left-turning lane to decrease traffic issues. He also stated the developer would meet sight distance requirements contingent upon. approval of the request. Mr. Detrick said that conditions must be proffered! beforea apublic hearing for conditional zoning and that thezoning  planning practice.  does not represent an orderly land use planning process.  the rezoning request to the City Council.  not the type, unless they fall under the special use permit category.  perform specific types ofimprovement for sight distance.  map amendment is not considered conditional zoning.  7    Mr. Hartley asked if the City Council could approve the request even though the Planning Commission denied it. He also asked if "spot-zoning" would be implemented in the Dr. Conco asked if the Masonic Lodge had been contacted. Mr. Dunaway said he could not make contact. However, he and his staff would conduct a neighborhood canvassing for comments. He noted that the developer would make the recommended traffic improvements ifnecessary to approve the request. Dr. Conco recommended tabling the item until staff has received comments from the Masonic Lodge. Additionally, the commission agreed to table Moved by Paul Conco, seconded by Billl Hartley, to table the request until staff has conducted  Comprehensive Plan.  the item until staffhas conducted further traffic analysis.  further traffic analysis. Motion Passed: 6-0  4 Presentation of the Draft Comprehensive Plan None, presentation only  Mr. Detrick noted that due to the limited time for regular meetings, staffwouldi request ac called meeting for a work session from the Chairman to present the draft Comprehensive Plan. He  also said the staff would post the draft comprehensive plan for the public.  E. Matters to be Presented by the Public  There were. no matters presented by the public on non-agenda items.  F. Adjournment  The meetinga adjourned at 1:12 p.m.  Director ofCommunity Development  Deputy Clerk  #  8