town of bowling green planning commission meeting … · 2020. 10. 16. · sec. 23 -4.10.3. -...

TOWN OF BOWLING GREEN PLANNING COMMISSION MEETING

A G E N D A

Monday, October 19, 2020

6:00 PM

ROLL CALL AND DETERMINATION OF A QUORUM:

PUBLIC COMMENT:

APPROVAL OF THE MINUTES:

1. Approval of Minutes – September 21, 2020

NEW BUSINESS:

2. Schedule Public Hearing - RZS-2020-001

REPORT OF THE ZONING ADMINISTRATOR:

3. Monthly Report for September/October 2020

UNFINISHED BUSINESS:

4. Schedule Public Hearing - Future Use Map

5. Semi-permanent mobile units

INFORMATIONAL ITEMS:

COMMISSION COMMENTS AND REPORTS:

ADJOURNMENT

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TOWN OF BOWLING GREEN TOWN COUNCIL MEETING

AGENDA ITEM REPORT

AGENDA ITEM: Approval of Minutes – September 21, 2020

ITEM TYPE: Action Item

PURPOSE OF ITEM: Decision - By Motion

PRESENTER: Melissa Lewis, [email protected]

PHONE: (804) 633-6212

BACKGROUND / SUMMARY: Minutes from September 21, 2020Planning Commission Meeting

ATTACHMENTS: 9/21/2020 Minutes

REQUESTED ACTION: Approve minutes

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M I N U T E S

Monday, September 21, 2020 6:00 PM

ROLL CALL AND DETERMINATION OF A QUORUM:

Chairman Voit called the meeting to order and determined a quorum was present.

PRESENT Chairman Jeff Voit Vice Chairperson Lisa Gattie Commissioner Armando Flores Commissioner Arthur Wholey Commissioner Valarie Coyle PUBLIC COMMENT:

There were no comments from the public.

APPROVAL OF THE MINUTES:

August 17 2020 Planning Commission Minutes

Motion made by Vice Chairperson Gattie, Seconded by Commissioner Coyle to approve the August 17, 2020 Planning Commission minutes with corrections as noted:

1. Page 2, line 13 add the word “to” following “Staff was directed” 2. Page 2, line 24 change the word “aske” to “asked”

Voting Yea: Chairman Voit, Vice Chairperson Gattie, Commissioner Wholey, Commissioner Coyle.

Motion passed.

NEW BUSINESS:

Future Use Map – Public Input Meeting

Staff presented a slideshow presentation to inform the public on the process and progress of the current Future Use Map update. Chairman Voit opened the floor to the public for comment and feedback.

Comments received:

Hon. Jason Satterwhite, Mayor, 145 S. Main St – the Mayor encouraged the public to remain involved throughout the entire Future Use Map update process.

Peggy Wholey, 134 Lafayette Blvd. – not in favor of high-density residential designation on the 11.5-acre parcel abutting Lafayette Ave.

Sandra Pelter, 328 N. Main St. – not in favor high density residential designation on the north side of W. Broaddus Ave. due to potential for increased crime.

Ashley Adams, 140 Lafayette Ave - not in favor of high-density residential designation on the 11.5-acre parcel abutting Lafayette Ave. because it’s not consistent with the historic district and Bowling Green Mansion.

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Planning Commission Meeting September 21, 2020 Minutes Page 2 of 3

Alex Bhagat, 18080 A.P. Hill Blvd. – asked the Commission to consider high density residential designation on both sides of A.P. Hill Blvd. as there as there been no interest in commercial development on the Rt 301 corridor.

Linda Sullivan, 161 S. Main St. – opposed to high-density residential designation on the 11.5-acre parcel abutting Lafayette Ave.

Mark Gaines, Vice-Mayor, 115 E. Broaddus Ave. – concerned about the strain high density development will have on the Town’s wastewater system.

Justin Boynton, 154 S. Main St – owner of 11.5-acre parcel abutting Lafayette Ave. addressed concerns of neighboring property owners over high density residential development.

Jeff Sili, Caroline County BOS. BG district representative, 205 Travis St. – expressed his concerns about high density zoning and its impact on public utilities.

Whitney Watts, 165 S. Main St. – opposed to high density residential zoning due to potential increase in traffic on Main Street.

Tara Byrd, 115 Lacy Ln. – opposed to high density residential designation on Cedar Lane.

John Byrd, 115 Lacy Ln. – expressed his concern about high density residential designation on Cedar Lane.

Commissioner’s and staff addressed concerns voiced by the public about high density residential development, the rezoning process, future growth, and capacity at the WWTP.

Commissioner Wholey – thanked the public for their attendance and participation in the meeting.

Commissioner Gattie – had no comment.

Commissioner Coyle – expressed her appreciation for the public’s attendance. She emphasized that the intent of the future use map is to plan for future growth.

Chairman Voit – addressed the concern raised about the relationship between the future use map and rezoning requests. He thanked the public for being involved and asked that they maintain their involvement throughout the process.

Motion made by Vice Chair Gattie, seconded by Commissioner Coyle to hold a work session on October 5th at 6 pm to discuss the public’s feedback on the future use map and to discuss mobile units in commercial zoning districts.

Voting Yea: Chairman Voit, Vice Chairperson Gattie, Commissioner Wholey, Commissioner Coyle

REPORT OF THE ZONING ADMINISTRATOR:

The Zoning Administrator reported was noted.

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Planning Commission Meeting September 21, 2020 Minutes Page 3 of 3

COMMISSION COMMENTS AND REPORTS:

Commissioner Wholey – asked about how the full build out of the Maury Heights II subdivision will impact the WWTP capacity.

Commissioner Gattie – had no comment.

Commissioner Coyle had no comment.

Chairman Voit – thanked everyone for coming.

ADJOURNMENT

Motion made by Commissioner Wholey, Seconded by Vice Chairperson Gattie to adjourn the meeting.

Voting Yea: Chairman Voit, Vice Chairperson Gattie, Commissioner Wholey, Commissioner Coyle

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AGENDA ITEM REPORT

AGENDA ITEM: Schedule Public Hearing - RZS-2020-001




PHONE: (804) 633-6212

BACKGROUND / SUMMARY: Application for rezoning of 221 N. Main St. from B-1 to R-1

ATTACHMENTS: RZS-2020-001 – Bowling Green Properties, LLC, 221 N. Main St

REQUESTED ACTION: Schedule Public Hearing for 11/16 Planning Commission meeting and authorize Zoning Administrator to advertise.

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The employees of Bowling Green, Virginia are committed to providing the highest quality service to the community as directed by the Town Council within the constraints of the town’s resources and will do so without regard to personal gain or privilege.


MONTHLY REPORT / PROJECT UPDATE

AGENDA ITEM: Zoning Administrators Monthly Report for September/October 2020

DATE: October 16, 2020

PREPARED BY: Melissa Lewis

MONTHLY REPORT / PROJECT UPDATE: Zoning Permits Issued:

ZP-2020-027 – 17398 A.P. Hill Boulevard, Reroof

ZP-2020-028 – 108 Butler Street, Accessory Building

ZP-2020-029 – 107 Davis Court, new HVAC

ZP-2020-030 – 207 Milford Street, Minor Alteration

Other:

Spoke with staff in neighboring localities about how they address businesses operating out of mobile/semi-permanent units.

Met with real estate agent and clients about zoning, SIP and Rezoning process on multiple properties.

ATTACHMENTS: Residential lots – Specifications and Requirements matrix

HEADS UP ITEMS:

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Residential lotsSpecifications and Requirements

Lot SizeSingle Family Dwelling

Lot SizeTwo-Family Dwelling

Lot SizeTown House

Lot SizeMulti-Family

Minimum Frontage

Densitylots per acre

Min. Acreage

R-1

Pub. W&S - 12,000 sfPub. W or S - 15,000 sf Pvt. W&S - 20,000 sf

Pub. W&S - 18,000 sfPub. W or S - 22,000 sf Pvt. W&S - 26,000 sf N/A N/A 100 ft.

3.632.902.18 N/A

R-2


Pub. W&S - 18,000 sfPub. W or S - 22,000 sf Pvt. W&S - 26,000 sf N/A N/A

SFD - 70 ft.TFD - 80 ft.

3.632.902.18 N/A

R-3


Pub. W&S - 18,000 sfPub. W or S - 22,000 sf Pvt. W&S - 26,000 sf 6,000 sf N/A

SFD - 70 ft.TFD - 80 ft.

SFD & TFD: 3.63 2.90 2.18

Towhouse: 4.36MFD: 4.36 N/A

PUD N/A N/A N/A N/A N/A10

w/ 50% open space 5

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AGENDA ITEM REPORT

AGENDA ITEM: Schedule Public Hearing - Future Use Map




PHONE: (804) 633-6212

BACKGROUND / SUMMARY: A public input meeting and work session have been held on the Future Use Map update.

ATTACHMENTS: None

REQUESTED ACTION: Schedule Public Hearing for 11/16 Planning Commission meeting and authorize Zoning Administrator to advertise.

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AGENDA ITEM REPORT

AGENDA ITEM: Semi-permanent mobile units

ITEM TYPE: Town Manager & Staff Comments

PURPOSE OF ITEM: Discussion Only


PHONE: (804) 633-6212

BACKGROUND / SUMMARY: Staff was directed to research how other localities address businesses operating out of semi-permanent or mobile units. Caroline, Spotsylvania, and Stafford were contacted. Spotsylvania had the most comprehensive ordinance addressing the matter.

ATTACHMENTS: Spotsylvania County Zoning Ordinance Sec. 23-4.10 Temporary Use

REQUESTED ACTION: Review and give staff direction.

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EXAMPLE: Spotsylvania County – Temporary Use Permit

Sec. 23-4.10.1. - Purpose and applicability.

Any temporary use which is not otherwise included in this chapter as a permitted use or special use in a particular zoning district shall not be conducted or erected without a temporary use permit issued by the zoning administrator or structure permit issued by the building official in accordance with the requirements of chapters 23 and 5, and any requirements that are set out for a particular temporary use in article 4, division 10, of this chapter.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-69, 1-14-97; Ord. No. 23-156, 4-22-14)

Sec. 23-4.10.2. - Permitted temporary uses.

(a) Agriculture and Rural districts:

(1) Christmas tree sales;

(2) Model home;

(3) Construction yard;

(4) Dwelling, manufactured home for a property owner or a member of such owner's immediate family;

(5) On-site sales office for new residences;

(6) Wayside stand; and

(7) Other similar temporary use.

(b) Residential districts:

(1) Model home;

(2) On-site sales office for new residences;

(c) Commercial and Mixed Use districts:

(1) Wayside stand;

(2) Christmas tree sale;

(3) Fair, horse show, tent revival or similar meetings;

(4) Outdoor retail sales event;

(5) Model home;

(6) Pumpkin patches, retail sales of pumpkins during the month of October and;

(7) Other similar use.

(d) Industrial districts:

(1) Meeting, rally;

(2) Fair, horse show, tent revival or similar meetings; and

(3) Other similar temporary use.

(e) Resort residential district:

(1) Dwelling, manufactured home for a property owner or a member of such owner's immediate family on parcels of ten (10) acres or more outside of subdivisions. The temporary permit shall be issued for a period of one year. Extensions of the temporary permit may be granted by the zoning administrator.

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(Ord. No. 23-66, 10-24-95; Ord. No. 23-69, 1-14-97; Ord. No. 23-72, 4-22-97; Ord. No. 23-156,

4-22-14)

Sec. 23-4.10.3. - Application requirements.

(a) An application for a temporary use permit shall be filed with the county on a form provided by the county, accompanied by such copies, information and plans as required on the application form. At a minimum, the application shall be accompanied by a development plan, which shall include:

(1) A description of the proposed temporary use, including the days and hours of operation and, in the case of a recreation or sporting event, the number of persons expected to attend.

(2) The location and dimensions of any proposed buildings or structures to be erected or used, including the dimensions of setbacks.

(3) The location of public road ingress and egress to the parcel where the proposed temporary use is to be located.

(4) The location, number, and dimensions of proposed parking areas.

(5) A description of the measures that will be taken to minimize noise, glare, odors and traffic congestion that are attributable to the proposed temporary use, including a sanitation plan and an emergency plan.

(6) Proof of ownership of the property or evidence to show approval of the property owner for the use requested.

(b) Determination of completeness. Within ten (10) working days after receiving an application for a temporary use permit, the zoning administrator shall determine whether the application complies with the standards set forth in this article and other applicable provisions of law. If the zoning administrator determines that the application is not complete, he shall notify the applicant of any deficiencies and shall take no further steps to process the application until the applicant remedies the deficiencies.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

Sec. 23-4.10.4. - Termination, extensions, revocation.

(a) Termination. At the end of the time period for which the temporary use was permitted, including any extension periods, the use shall be discontinued, and all temporary structures and signs shall be removed within forty-eight (48) hours.

(b) Requests for the extension of a temporary use permit shall be made to the zoning administrator who shall forward such extension requests onto the board of county supervisors for approval or denial at the next available meeting.

(c) The zoning administrator may revoke a temporary use permit at any time upon the failure of the owner or operator of the use covered by the permit to observe all requirements of the permit, the sanitation plan, the emergency plan, this division, and other relevant provisions of law. Notice of such revocation shall be given in writing by the zoning administrator to the owner or operator of the use, by hand-delivery or certified mail, setting forth the reasons for the revocation, the date and time upon which the revocation is effective, and the appeals procedure.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

Sec. 23-4.10.5. - General standards for permitting temporary uses.

No temporary use shall be permitted unless it is determined that the following requirements are met, including any requirements for public safety. It shall be the applicant's responsibility to demonstrate

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compliance with these standards. The zoning administrator may impose reasonable conditions on the proposed use to ensure compliance with these standards or other applicable provisions of law.

(a) Adjacent uses shall be suitably protected from any adverse effects of the use, including noise and glare. Use shall be consistent with the county ordinances regulating noise.

(b) The use shall not create hazardous conditions for vehicular or pedestrian traffic, or result in traffic in excess of the capacity of streets serving the use.

(c) Adequate refuse management, security, emergency services and similar necessary facilities and services shall be available for the temporary use or structure, and all necessary sanitary facilities shall be approved by the county health department.

(d) The site is suitable for the proposed use, considering flood hazard, drainage, soils and other conditions which may constitute a danger to life, health or property.

(e) The use shall not have a substantial adverse impact on the natural environment, including trees, ground cover and vegetation.

(f) The use shall not have a substantial adverse impact on public safety.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

Sec. 23-4.10.6. - Standards for specific temporary uses.

(a) Model home:

(1) Maximum permit period. Temporary permits for model homes may be issued for a period not to exceed one (1) year. The zoning administrator may renew said permit upon application, provided the model home has been constructed and operated substantially in accordance with the standards herein.

(2) Off-street parking requirements. All parking shall be provided off-street. A minimum of five (5) parking spaces shall be provided for the first model home in a subdivision or other development and two spaces shall be proved for each additional model home. Such spaces need not be paved with a dustless surface, but must be delineated with curb stops.

(3) Restriction on use. The permit holder may not sue the model home as his or her principal place of business. The model home shall be used for display purposes only, and not as a contractor's office, real estate office, or annex thereof.

(4) Business activities. Business activity may be conducted at the model home only between the hours of 9:00 a.m. and 9:00 p.m., seven (7) days per week.

(5) Limitations on equipment and furnishings. No construction materials or construction equipment may be stored in the model, or on the lot or site.

(6) Illumination. Illumination of model homes shall not cause glare, infringe on neighboring properties or adversely affect passing traffic.

(b) Wayside stand:

(1) Off-street parking. Adequate provision must be made for off-street parking and safe ingress and egress.

(2) Location. Such use shall be located on a lot having frontage on a primary or secondary or service drive.

(3) Hours of operation. The hours of operation shall be limited to daylight hours.

(4) Signs. One temporary sign may be permitted in accordance with this chapter.

(c) Christmas tree sale, pumpkin patch:

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(1) Off-street parking. Adequate provision must be made for off-street parking and safe ingress and egress.

(2) Location. Such use shall be located on a lot having frontage on a primary or secondary or service drive.

(3) Hours of operation. The hours of operation shall be limited to daylight hours, provided however, night operations up to 9:00 p.m. may be permitted during the month of October for pumpkins and the month of December for Christmas tree sales.

(4) One temporary sign may be permitted in accordance with this chapter.

(d) Outdoor retail sales event, tent revival or similar meetings:

(1) Duration. A temporary use permit for such activities shall be issued for not more than five (5) consecutive days, in any six-month period.

(2) Location. No such activity shall be located closer than three hundred (300) feet to a residential use.

(3) Off-street parking and access. Adequate provisions must be made for off-street parking, safe ingress and egress must be provided and approved by the zoning administrator.

(4) Hours of operation. Such activities are permitted only between the hours of 8:00 a.m. and 9:00 p.m.

(5) Signs. One temporary on-site sign, advertising the activity and two (2) on-site directional signs for ingress and egress may be permitted in accordance with this chapter.

(e) Whereas the frequency and/or duration limits of a temporary use permit are not addressed otherwise herein section 23-4.10.6, the issuance of a temporary use permit is limited to six (6) per calendar year with a duration no greater than two (2) consecutive days in each instance.

(f) Requests for issuance of additional temporary use permits beyond any frequency limitation stated herein above shall be made to the zoning administrator, who shall forward such extension requests onto the board of county supervisors for approval or denial at the next available meeting.

(Ord. No. 23-66, 10-24-95; Ord. No. 23-156, 4-22-14)

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Top1.9-21-2020 Minutes9-21-2020 Minutes CoverPlanning Commission Meeting Minutes September 2020

2.RZS-2020-001Rezoning CoverRZS-2020-001

3.ZA Report 10-2020ZA Oct ReportResidential lots

4.Schedule Public Hearing - FUMFUM PHCover

5.Semi-permanent mobile unitsTemporary Use Permit coverSpotsy County Temp Use ord

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