Planning Commission Meeting Minutes November 18, 2024 12:00 PM Present: Kristie McElheny, Paul Conco, Kalen Hunter, Bill Hartley, Anthony Farnum (electronic Staff: Jay Detrick, Director of Community Development; June Mcllquham, Urban Planner; Amy Dula, participation), Alex Littleton Absent: Daniel Shew Deputy Clerk; Gene Christian, AVT Technician A. Call to Order Vice Chairman Conco called the meeting to order at noon. B. Brief Comments from Staffand Members of the Planning Commission Dr. Conco noted the grand opening of the Hard Rock Casino. Community Development Director Jayl Detrick reported that the City Council approved the Comprehensive Plan on the second reading. A30-day ordinance: is waiting fori it to become effective: in] December and willl be used as ar reference in the future. Dr. Conco thanked staff for their hard work. C. Minutes C October 21, 2024, Regular Meeting Minutes Moved by Kristie McElheny; seconded by Kalen Hunter Motion Passed: 5-0 Voting For: Kristie McElheny, Paul Conco, Kalen Hunter, Anthony Farnum, Alex Littleton *Secretary' 's. Note: Mr. Harley arrived at 12:01 p.m.* D. Regular Agenda Special Use Permit Request #02-2024 for storage units in al B-3 zoning district. Urban Planner June Mcllquham gave the staff report. Greg Johnson has submitted an application for a special use permit to allow for the construction ofa self-storage facility in a B-3 General Business District zoning district for their property at parcel 263-A-16 on Old Abingdon Highway. Bristol City Code Section 50-32 lists storage units as permitted uses for this zoning district. This use is only allowed with a special use permit. This is not a rezoning request. The special use permit allows for a specific use to occur without changing the zoning district. The Planning Commission has voted to recommend the special use permit for a joint public hearing on November 12, 2024, advertised for October 31st and November 5th, 2024. Notices to adjoining property owners were sent outi in accordance with this action on November Ist. Thej joint public hearing was held onl November 12th, 2024. Staff! has considered the eight points laid out in the Virginia State and the City Code and found that it complies with those 3 standards. Staffrecommends that thel Planning Commission recommend this special use permit Mr. Johnson (applicant) noted that he did not anticipate traffic issues. Dr. Conco asked ift the entrance is controlled electronically. Mr. Johnson said the entrance is controlled by an electronic sliding gate accessed by code only. He noted the installation of a fence, motion sensor lights, and cameras to deter trespassers. Dr. Conco asked if staff received comments Ms. Hunter asked ift there was enough space at the entrance for a vehicle while waiting for the gates to open orifthey would have to stay in the turning lane. Mr. Johnson said there is enough space for a regular vehicle to wait at the entrance without blocking traffic. However, larger vehicles like box trucks or tractor-trailers would need to stay ini the turning lane until the gate opens. Ms. Hunter asked about the obstructed line of sight on Old Abingdon Highway and Beaverview Road. Mr. Johnson said there will be a ten-foot offset from Old Abingdon Highway as required by the city, plus an additional ten-foot-wide road around the perimeter that should provide adequate visibility for drivers to see both directions before reaching the Ms. McElheny asked ift the self-containers are like the pods where the whole unit is delivered to al home and if that is the intent of the request. Mr. Johnson said the containers are self- encapsulated units similar to metal storage containers used on container ships. They do not require a concrete slab and can be moved with a forklift. However, the intent ist to anchor them Mr. Detrick said screening between the residential district and business area is required and Mr. Hartley asked Mr. Detrick ifa turning lane would bei in the site plan. Mr. Detrick said the engineering department will require a turning lane as per VDOT regulations. Mr. Hartley asked about the floodplain and what mitigation would be required since Wofthe property is in the 100-year floodplain. Urban Planner, Ms. Mcllquham said since a quarter ofthe property is in the 100-year floodplain, there will need to be floodproofing measures, including proper anchoring oft the storage units to prevent them from floating away. The applicant must comply Moved by Kristie McElheny to recommend the special use permit request to the City Council for approval by the City Council. from surrounding business owners. first building. tot the ground rather than relocate them tol homes. will be included in the site plan process. with the flood ordinance. for approval; seconded by Mr. Hartley. Motion Passed: 6-0 2 ZMA 03-2024 - "White Site" Bonham Road, Parcel 308-2-1 Community Development Director Jay 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-2C, General Industrial District, with Conditions to FRD, Flexible Redevelopment District. The property in question has a conditional zoning designation ofM-2C, and it was zoned in 1988 to lessen the impact ofai manufacturing zone on an adjoining residential neighborhood, Lynwood Hills. The 4 conditions in the: zoning text (attached) for this property enumerate the specific permitted uses on the property and eliminate a number ofuses normally permitted by right in an M-2 district. a. Establishments for the manufacture, processing, assembly, and distribution of products C. Establishments primarily for the wholesale distribution of goods, products, and d. Heliports and public utility facilities for the use of occupants oft the Industrial Park; The specific permitted uses are as follows: and the office buildings or corporate headquarters related thereto; b. Establishments for scientific research and development; materials; - Industrial facilities; and f.Public uses necessary to service the property. The restrictions prohibit heavy industry that might involve odor, dust, noise, and other environmental impacts; however, the permitted uses still contain thet term industrial facilities" and would allow manufacturing and distribution facilities to generate substantial truck traffic on the surrounding roadway. It should be noted that there are also restrictive deed covenants that were placed on the property which mirror the conditional zoning uses. Amending or removal of the covenants will: require approval by the Industrial Development Authority and a minimum of 66% of the current owners of properties in the Bristol Industrial Park. Since the application was submitted in accordance with the City Code, staff recommends the Planning Commission recommend the request for a joint public hearing with the City Council at the Dr. Conco asked ift the property was previously used as a soccer field. Mr. Detrick said it was previously used as a soccer field, but the conditional zoning uses have hindered the development of this property. Mr. Detrick reported that the City received a rezoning request approximately seven or eight years ago for a residential development but withdrew due to insufficient water and sewer capacity. BVU has since agreed to upgrade these utilities to Mr. Hartley: agreed that the covenant restrictions and insufficient water and sewer capacity have been significant hindrances toj potential developments. He suggested that rezoning thej property for flexible redevelopment would provide the necessary flexibility for the developer to create Mr. Detrick informed the Commission that the city has applied for state funding toi improve the intersection near the property. This includes adding another lane to eliminate the merge lane when turning right onto Old Airport Rd. This project is on the radar but may take 5-6 years Moved by Bill Hartley to recommend a. Joint Public Hearing with the City Council, seconded December 10, 2024, meeting. support future development. workable and beneficial projects. unless VDOT advances it due to its lower cost. by Kalen Hunter. Motion Passed: 6-0 3 Discussion on Section 50-136- - Agricultural Uses on Residential Property 5 Urban Planner Ms. Mcllquham gave the staff report. Staff received several comments and inquiries on this section ofthe zoning ordinance. Discussion oft the ordinance will aid staffin determining how to approach these questions. There have been numerous complaints about chickens being kept too close to property lines, violating the 100-foot setback rule. Most residential properties in Bristol are not large enough to meet this requirement, leading to Director ofCommunity Development, Mr. Detrick, said the 100-footrule was added to the City Code in 2021, possibly based on ordinances from other localities. However, it seems impractical for the City's property sizes and the frequent violations suggest that the ordinance might need re-evaluation to better fit the local context. Some residents have appealed to the Board ofZoning Appeals, but the code is very specific, making it difficult to grant exceptions. The Planning Commission is considering revisiting the ordinance. Options include removing the 100-foot requirement adjusting it to be more practical, or changing the measurement to be from an adjacent property owner's house rather than the property line. The ordinance is clear that chickens must be kept in specific types of coops and under sanitary conditions. They are not allowed to run loose, and killing chickens on the property is] prohibited. The Planning Commission ensued in al lengthy discussion. The following items were discussed The lack of awareness and the stringent requirements have led to non-compliance, however, setting a clear, reasonable permit fee and making the requirements more accessible could encourage more people to follow the law. If the current ordinance is too restrictive, adjusting the distance requirements (e.g., reducing from 100 feet to 50 feet) might make it more feasible for residents to comply. This could also help in reducing the number of violations and the administrative burden on staff. Establishing a clear timeline for compliance and consistent enforcement can help manage violations more effectively. If appeals are denied, ensuring that there are clear consequences, such as fines, can deter non-compliance. As the city expands, it's important to assess whether the current staff can handle the increased workload. Estimating the staff time required for handling appeals and enforcement can help in making an informed decision. Ifthe current process ist toot time-consuming, streamlining itora adjusting the ordinance to reduce the number of appeals might be necessary. Looking at how other localities handle similari issues can provide valuable insights. This can include the distance requirements, permit fees, and enforcement strategies used in Finding al balance between allowing residents tol keep chickens and bees and addressing any potential nuisances or health concerns is crucial and might involve setting reasonable distance requirements and ensuring proper maintenance and cleanliness. widespread non-compliance. by the Commission: other cities. E. Matters to be Presented by the Public on Non-agenda Items There were no matters presented by the public on non-agenda items. F. Adjournment The meeting adjourned at 12:48 p.m. dene Miguecwn Planner Deputy Clerk 6 hk