CITY OF HOPEWELL, VIRGINIA MEETING OF THE PLANNING COMMISSION CITY COUNCIL CHAMBERS, 300 NORTH MAIN STREET THURSDAY, APRIL3, 2025 6:00 p.m. MINUTES I. Call to Order Vice-Chairman Roman called the session to order at 6:06 p.m. II. Roll Call Members Present: Carlos Roman, Chairman Patience Bennett Todd Butterworth Paul Reynolds Arnold Daye Members Absent: None Staff Members present: Christopher Ward, Director James Gaston, III, Deputy City Mananger III. Determination of Quorum A quorum was determined. IV. Invocation by designated Commission Member V. Prayer rendered by Commissioner Butterworth. VI. Administrative Matters 1. Withdrawals/Deferrals/Amendments to the Agenda Commissioner Reynolds moved to amend the agenda and remove the Subdivision of 700 S. 6th Avenue, also identified as Parcel #061-0161, from New Business because the preliminary plat had not been submitted. Commissioner Bennett seconded. Vote: 5-0 Planning Commission Minutes April 3, 2025 Page 1 Yes: Commissioner Bennett Commissioner Butterworth Commissioner Reynolds Commissioner Daye Vice-Chairman Roman Motion: Agenda Adopted 2. Review and take action on previous meeting minutes Commissioner Butterworth moved to approve the minutes as amended, and Commissioner Bennett seconded. Vote: 5-0 Yes: Commissioner Bennett Commissioner Butterworth Commissioner Reynolds Commissioner Daye Vice-Chairman Roman Motion: Onanimous Pass VII. Citizen Comments Dennis Franks, owner ofFrank's Towing and Repair, located at 828 W. City Point Road Ward 2, commented on drag cars revving their engines and racing up and down City Point Road. Mr. Franks will call Director Ward regarding the issue. VIII. Public Hearings 1. Conditional Use Permit (CUP) - La Nova Properties, LLC Case #2025.0009: LA NOVA Properties LLC, agent for the owner, Richmond Wholesale Deals LLC, requests a Conditional Use Permit to construct a single-family dwelling on non-conforming Parcel #014-1252 in the R-2 District located on Clingman Street. Director Ward presented the details ofthe request. The applicant proposes to construct a new, 2-story, 3-bedroom, 2.5-bath, 1,456-square-foot house with vinyl siding that will meet district setbacks. The applicant proposes to construct a high-quality home that will increase housing diversity in the neighborhood and nearby home values. Planning Commission Minutes April 3, 2025 Page 12 Staff recommends approval of the request of the Conditional Use Permit submitted by LA NOVA Properties LLC to construct the single-family dwelling as presented on Parcel #014-1252 located on Clingman Street with the following conditions: 1. The new single-family dwelling will have 12-inch minimum eaves along all roof edges. 2. The lot will have a minimum coverage of 20% tree canopy at full maturity. 3. A driveway ofasphalt or concrete will be installed in accordance with the City's driveway policy. 4. The new single-family dwelling will have brick or stone foundation on all four sides. 5. The new single-family dwelling will have foundation plantings along the front foundation. 6. The new single-family dwelling will be in substantial conformance with the set of house plans presented to the Planning Commission on April 3, 2025, with any modifications as conditioned at final approval. Chairman Reynolds opened the Public Hearing at 6:31 p.m. Robert Cutler, who lives at 308 Hoke Ave., Ward 5, came to the podium in opposition to the Conditional Use Permit. He had concerns about potential injury to the adjacent property and access to the rear of his yard. As there no other speakers, Chairman Reynolds closed the Public Hearing at 6:45 p.m. Discussion: Commissioners discussed the lack of clarity on driveway plaçement and whether the existing concrete pad meets code requirements. Concerns about the ability to accommodate two cars and the impact on neighboring properties were raised. The need to ensure compliance with current driveway standards was emphasized. A neighboring property owner expressed concerns about losing access to his backyard and garage due to the new construction, potential tree removal, and the impact of a recently installed fire hydrant. The issue of using another's property for access without an easement was discussed. Commissioners reviewed zoning requirements, including side yard setbacks (10 feet in R2), and discussed whether the proposed house fits the neighborhood's character and meets Article 21 conditional use criteria. Concerns were raised about the lot's small size and the potential negative impact on neighboring property enjoyment. Commissioner Reynolds moved to deny the Conditional Use Permit submitted by LA NOVA Properties LLC to construct a single-family dwelling as presented on Parcel #014-1252 located on Clingman Street. Commissioner Bennett seconded. Planning Commission Minutes April 3, 2025 Page 13 Vote: 4-1 Yes: Commissioner Bennett Commissioner Reynolds Commissioner Daye Vice-Chairman Roman No: Commissioner Butterworth Motion: Motion Passed to deny 2. Zoning Ordinance Amendment (ZOA) - The City of Hopewell Case #2025.0107: The applicant, the City of Hopewell, requests a Zoning Ordinance Amendment to add the issuance of a Conditional Use Permit from City Council to the following uses: 1) Automobile and Truck Service and Rental, and 2) Automobile and Truck Sales, Service and Rental. Director Ward presented the details of the request. Auto-Related Uses Conditional Use Permit Amendment proposed by City Council via staff review: This proposal seeks to amend sections A of Articles 10, 11, 12, and 13 to add a conditional use permit for auto-related uses across several zoning districts. Its purpose is to provide an interim regulatory measure, addressing issues like parking, theft, vandalism, and impacts on local businesses, until a comprehensive overhaul ofthe zoning ordinance can be finalized. The current existing ordinance under Section A of Articles X, XI, XI-A, XII, and XIII of the Hopewell Zoning Ordinance, auto-related services described as 1) Automobile and Truck Service and Rental, and 2) Automobile and Truck Sales, Service and Rental are by-right uses. Development Standards, such as off-street parking requirements, are applied only when a use changes to an auto-related use. Neighborhood auto-related uses offer valuable services but can negatively impact surrounding properties. The City's existing ordinance allows auto-related uses by right and without regard to the following impacts: 1. Noise pollution 2. Air Pollution vehicle exhaust and chemical exposure 3. Parking issues 4. Waste Disposal and Environmental Concerns 5. Safety risks - accidents and fires 6. Aesthetic concerns that can lead to a decrease in property values 7. Increased risk oftheft and vandalism Planning Commission Minutes April 3, 2025 Page 14 The possibility of negative impacts to surrounding properties is often site-specific and not easily addressed through our existing development standards. By adding the requirement for a Conditional Use Permit to auto-related uses, staff and the City Council will be better able to address site-specific negative impacts through conditioned approvals. Staff recommends approval of the request to amend Section A of Articles X, XI, XI- A, XII, and XIII to now state: 1) Automobile and Truck Service and Rental with a Conditional Use Permit issued by the City Council 2) Automobile and Truck Sales, Service, and Rental with a Conditional Use Permit issued by the City Council Chairman Reynolds opened the Public Hearing at 7:15 p.m. Beverly Terretta, who lives at 3000 Luck Lane, Ward 5, came to the podium in opposition to this zoning ordinance amendment. She raised concerns about the impact ofthe amendment on existing businesses, the regulatory environment (DMV, Virginia inspection stations), and the need for careful study before making significant changes. As there was no one to speak, Chairman Reynolds closed the Public Hearing at 7:22 p.m, Discussion: Clarification that existing businesses are grandfathered in and only new or change-of-use cases would require a CUP. Auto parts stores are not included in the amendment. Debate on whether the amendment is motivated by aesthetics, parking, or other concerns. Staff and commissioners discussed the adequacy of current regulations for environmental and safety issues, and whether CUPs are the best tool. Staff presented options: leave the ordinance as is, add a CUP requirement for new uses, or remove auto-related uses from B2 or limit to sales/rental only. Commissioners discussed the pros and cons, including enforcement and performance standards. Vice-Chairman Roman motioned to accept the staff's recommendation except for the elimination of the auto and truck services from the B2. Keepi it, but add the conditional use permit requirement for B2, B3, B4, M1 and M2. Commissioner Butterworth seconded. Vote: 5-0 Planning Commission Minutes April 3, 2025 Page - 5 Yes: Commissioner Bennett Commissioner Butterworth Commissioner Reynolds Commissioner Daye Vice-Chairman Roman Motion: Unanimous Pass VII. Unfinished Business of the Planning Commission 1. Planning Commission Annual Report Director Ward stated that all changes suggested for the annual report had been made. Vice-Chairman Roman motioned to submit the Planning Commission Annual Report to the City Council as a consent agenda item for their review, with no physical presentation required. Commissioner Butterworth seconded. Vote: 5-0 Yes: Commissioner Bennett Commissioner Butterworth Commissioner Reynolds Commissioner Daye Vice-Chairman Roman Motion: Unanimous Pass IX. New Business oft the Planning Commission 1. Election of Officers Commissioner Butterworth motioned to nominate Paul Reynolds as chairman and Carlos Roman as Vice-Chairman. Commissioner Bennett seconded. Vote: 5-0 Yes: Commissioner Bennett Commissioner Butterworth Commissioner Reynolds Commissioner Daye Vice-Chairman Roman Motion: Unanimous Pass Planning Commission Minutes April 3, 2025 Page I 6 3 X. Business of the Wetland Board None XI. Reports from Planning Commission Members & Staff None XII. Adjournment Commissioner Bennett motioned to adjourn the meeting, and Commissioner Butterworth seconded. The meeting was adjourned at 7:51 p.m. Respectfully submitted, Bbohmh Carlos Roman, Vice-Chairman MAAA Christopher J. Ward, Director Department of Planning & Development DATE: / Hay 2025 Planning Commission Minutes April 3, 2025 Page/7