HomeMy WebLinkAbout3/30/2021 - Public Hearing and WorksessionMINUTES OF THE WORK SESSION AND PUBLIC HEARING OF THE TOWN OF VINTON
BOARD OF ZONING APPEALS HELD ON TUESDAY, MARCH 30, 2021, AT 6:15 P.M. AND
7:00 P.M., IN THE COUNCIL CHAMBERS AT THE VINTON MUNICIPAL BUILDING
LOCATED AT 311 SOUTH POLLARD STREET.
MEMBERS PRESENT: Amanda Fullen, Chair
Robert Benninger
Allen Kasey
Meghan Noga
MEMBERS ABSENT: Mick Michelsen, Vice Chairman
ALTERNATE MEMBERS PRESENT: Teresa Davis
Kellie Moore
STAFF PRESENT: Anita McMillan, Planning and Zoning Director
Nathan McClung, Principal Planner
Julie S. Tucei, Planning and Zoning Coordinator
OTHERS PRESENT: David Hill, Davii, Developer
AGENDA
WORK SESSION – 6:15 P.M.
I. Call to Order—Roll Call
II. CONFIRMATION THAT MEETING IS BEING HELD IN ACCORDANCE WITH
ORDINANCE NO. 1016 AND SECTION 4-0.01(G) OF CHAPTER 1289 OF THE 2020
ACTS OF THE VIRGINIA GENERAL ASSEMBLY
III. Introduction of Members
IV. Review of Annual Reports from 2019 and 2020
V. Briefing on the petition of the Town of Vinton, for a variance of specific requirements set
forth in the FO-Floodplain Overlay District of the Vinton Zoning Ordinance. The purpose of
this request is to allow for the redevelopment of the historic Gish Mill properties, located at
350 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-22.00-0000
and 060.11-04-23.00-0000. The variance, if granted, will include all necessary redevelopment
activities for the conduct of a functionally dependent use provided that:
a. The criteria of Article IV, Division 13, Sec. 4-73 of the zoning ordinance are met,
and
b. The structure or other development is protected by methods that minimize flood
damage during the base flood and create no additional threats to public safety.
VI. Adjournment of Work Session
REGULAR SESSION – 7:00 P.M.
VII. Election of Officers
1. Chair
2. Vice-Chair
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MARCH 30, 2021
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3. Secretary
4. Recording Secretary
VIII. Approval of Minutes:
1. May 30, 2019 Public Hearing
IV. Public Hearing to receive comments concerning:
The petition of the Town of Vinton, for a variance of specific requirements set forth in the
FO-Floodplain Overlay District of the Vinton Zoning Ordinance. The purpose of this
request is to allow for the redevelopment of the historic Gish Mill properties, located at
350 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-22.00-
0000 and 060.11-04-23.00-0000. The variance, if granted, will include all necessary
redevelopment activities for the conduct of a functionally dependent use provided that:
a. The criteria of Article IV, Division 13, Sec. 4-73 of the zoning ordinance are
met, and
b. The structure or other development is protected by methods that minimize
flood damage during the base flood and create no additional threats to
public safety.
• Chair opens public hearing
• Report from Staff
• Receive petitioner’s comments
• Receive public comments
• Board members discussion and questions
• Chair closes public hearing
• Board of Zoning Appeals takes action on the variance request
X. Other Business
XI. Adjournment
The work session was called to order at 6:18 p.m. by Ms. Fullen. Roll call was called, and all members and
alternate members were present, except Mr. Michelsen. Alternate Board Member Davis will be filling in
for Mr. Michelsen. Ms. McMillan stated that there was a quorum of the Board of Zoning Appeals. She
also mentioned that staff including herself, Mr. McClung, and Ms. Tucei were present, as well as Mr. David
Hill, the developer.
Ms. McMillan stated, “I would like to confirm that our meeting is being held in accordance with Town
Ordinance No. 1016 and Section 4-0.01(g) of Chapter 1289 of the 2020 Acts of the Virginia General
Assembly and everyone present is participating by electronic means. Madam Chair Fullen, the meeting is
now yours.”
Ms. Fullen welcomed and introduced the new members of the Board of Zoning Appeals including: Ms.
Meghan Noga, Board Member, Ms. Teresa Davis, Alternate Board Member and Ms. Kellie Moore,
Alternate Board Member. She thanked them for their willingness to join the Board of Zoning Appeals.
Next, Ms. Fullen asked if there were any corrections or questions about the Annual Reports from 2019 and
2020. She said that these do not need to be voted on and were just for review. There were no corrections or
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WORK SESSION AND PUBLIC HEARING
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additions for the annual reports as submitted.
The next item on the work session agenda was the briefing on the petition of the Town of Vinton, for a
variance of specific requirements set forth in the FO-Floodplain Overlay District of the Vinton Zoning
Ordinance. The purpose of this request is to allow for the redevelopment of the historic Gish Mill properties,
located at 350 and 0 Gus Nicks Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-22.00-0000 and
060.11-04-23.00-0000. The variance, if granted, will include all necessary redevelopment activities for the
conduct of a functionally dependent use provided that: a. The criteria of Article IV, Division 13, Sec. 4-73
of the zoning ordinance are met; and b. The structure or other development is protected by methods that
minimize flood damage during the base flood and create no additional threats to public safety.
Ms. Fullen turned the briefing over to Mr. McClung. Mr. McClung stated that, for this variance request,
the Town is the applicant. He introduced the developer for the project, Mr. David Hill. Then, Mr. McClung
began presenting a PowerPoint presentation about the project to the Board, a copy of which will be made a
part of the permanent record. The PowerPoint included photos of the building inside and out in its existing
state. Mr. McClung said the building is blighted, but is mostly sound. He said that the portion of the
building that is not sound is not a part of the historic structure and will be demolished, and a patio with
seating will replace it. Mr. McClung turned the PowerPoint presentation over to Mr. Hill to present his
portion of it. Mr. Hill gave a brief overview of the project. He stated that they are also applying for a
rezoning to the MUD District in order to have a restaurant, seasonal market, speakeasy, lodging or
apartments. Mr. Hill said that the lodging would likely be leased via the VRBO short-term rental website.
He went over the proposed square footage of each of the different uses. He said there will be outdoor dining
on a large deck off the back of the building. Mr. Hill said the city recently performed a topographical study
of this general area due to the streambank restoration project they are currently undertaking. He stated that
the Gish Mill project will have less impervious area once it is completed. On a photo included in the
PowerPoint, Mr. Hill pointed out the location of where the new large deck will be located. He said the rear
of the building will be fitted with large garage doors to allow the flow of patrons in and out. The former
silos will be turned into lodging units. He showed them a three dimensional rendering of the building
included in the PowerPoint. Mr. Hill pointed out the only addition to the building, which will be a fire
escape. He mentioned that the proposed deck was checked by Draper Aden to ensure its construction would
not raise the floodwaters. He showed what the deck will look like with furnishings, as well as what the
inside of the restaurant will look like. Mr. Benninger asked at what actual elevation is the first floor. Mr.
Hill asked Nathan to pull up the site plan to see if they can find the elevation. Mr. McClung searched
through the slides on the PowerPoint while Mr. Hill looked in his files. Mr. McClung said they could also
look on the elevation certificate. Mr. Hill found that the finished floor is at 915.25 feet for the first floor.
Mr. Hill believes that the elevation of the speakeasy is at about 901 feet. He said it is about 14 feet below
the floor above. Mr. Hill stated that in the small flood last year, it seemed that water never made it into the
future speakeasy area. He said they are trying to figure out how it did not get in or if it did get in how it got
out. He said the floor in there is dirt. Mr. Benninger said he looked on Roanoke City’s and the Water
Authority’s sites, and they are showing that the 10 year flood elevation there is at 912 feet. Mr. Benninger
said that is good news with the first floor being at 915 feet, which means the smaller 10 year floods that
happen more often should not affect the structure. Mr. Hill said that is good news and that 912 would be
three feet under the first floor elevation. Mr. Hill said Draper Aden’s latest numbers show 919.5 feet for
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the 100 year flood. He mentioned that with the stream improvement project that Roanoke City is doing,
that is expected to be lowered by a foot or so. Mr. Benninger asked if they are going to take out the
remainder of the dam during that project. Mr. McClung said they are going to put a structure farther down
from the dam to bring the water level up a bit so there is not so much of a drop at the spillway. Mr. Hill
said the portion of the dam next to the mill actually seems to be supporting some of the newer portions of
the mill building. Mr. Benninger inquired as to how the planned flood vents would work and if they would
be the lever type of vents. Mr. Hill said the floodwater would activate the vents, and the company who will
install the vents will arrange them so that the water will flow into one and out the other. He said the company
also recommended special backflow devices on the sinks and toilets. Mr. Hill mentioned that the lodging
areas will be on the upper floors and should be out of the flooding. Mr. Benninger asked what happens if
the vents get clogged with debris. Mr. Hill said they are designed with redundancy so that if one clogs
another can be utilized instead. Ms. McMillan said the number of vents required will be based upon the
square footage of the building, and the Roanoke County Floodplain Engineer will review the plans to make
sure adequate vents will be provided. Mr. McClung said the Roanoke County Floodplain Engineer will
review the plans to ensure they meet all requirements. Mr. McClung explained the specific variances
required for the project per the information listed in the PowerPoint. He stated that the staff’s conclusion is
to recommend the granting of the variance due to the reasons listed. He asked if any members had questions
regarding the request. Mr. Benninger asked who would hold the insurance on the property. Mr. McClung
stated that the Town will ultimately transfer the ownership of the property to Mr. Hill’s company, Gish Mill
Davii LLC. Mr. Hill said his limited liability company will hold the insurance on the building once they
receive the property from the Town. The restaurant tenant will hold their own insurance for their property.
Mr. McClung stated that the tenant has been selected and will be Mr. Trinkle, who also owns Fork in the
Market and Fork in the Alley in Roanoke City. Mr. Hill mentioned that he found a drawing that shows the
flood vents. He shared his screen with everyone to show them a diagram that showed all the flood vents
that are proposed for the building. Mr. Benninger asked if the diagram said 41 vents proposed. Mr. Hill
confirmed that it does say that, and they actually may end up installing 44 vents. Mr. Hill stated that he and
the flood vent company will be working with Roanoke County’s Stormwater Engineer, Butch Workman,
on the floodplain review pertaining to the property. Ms. McMillan said they will also be working with the
Roanoke County Building Commissioner, Morgan Yates. There was no further discussion about the request
at this time.
With there being no further business in the work session, Ms. Fullen adjourned it at 7:07 p.m.
The public hearing was immediately called to order at 7:07 p.m. by Ms. Fullen.
The first item on the agenda was the election of officers. For the Chair position, Mr. Benninger nominated
Ms. Fullen. For the Vice Chairman position, Ms. Fullen nominated Mr. Benninger. Next, Ms. Fullen
recommended Mr. McClung for Secretary, and Ms. Tucei for Recording Secretary. A motion was made by
Ms. Noga to approve each of the four nominations. The motion was seconded by Ms. Fullen. A roll call
vote was taken, and all members voted in favor of the motion.
The next item on the agenda was the approval of minutes from May 30, 2019. There were no corrections
for the minutes. Mr. Benninger made a motion to approve the minutes as submitted, and Mr. Kasey
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PAGE 5
seconded it. A roll call vote was taken, and all members voted in favor of the motion to accept the minutes
as submitted.
Next to be heard by the Board, was the petition of Town of Vinton, for a variance of specific requirements
set forth in the FO-Floodplain Overlay District of the Vinton Zoning Ordinance. The purpose of this request
is to allow for the redevelopment of the historic Gish Mill properties, located at 350 and 0 Gus Nicks
Boulevard, Vinton, Virginia, Tax Map Numbers 060.11-04-22.00-0000 and 060.11-04-23.00-0000. The
variance, if granted, will include all necessary redevelopment activities for the conduct of a functionally
dependent use provided that: a. The criteria of Article IV, Division 13, Sec. 4-73 of the zoning ordinance
are met; and b. The structure or other development is protected by methods that minimize flood damage
during the base flood and create no additional threats to public safety.
Ms. Fullen opened the public hearing at 7:14 p.m. and asked for the report from staff. Mr. McClung
presented an overview of the staff report. A copy of the full staff report will be made a part of the permanent
record of this meeting. Mr. McClung discussed each of the factors to be considered for the variance by the
BZA specific to the floodplain. He mentioned that the major box is checked off by the no rise certificate
that was obtained. He mentioned that the deck addition will be designed to withstand flooding, and the
building will be fitted with flood vents to allow water to flow through the building. The utilities will run
down from the ceilings, and the sinks and toilets will have special backflow devices to prevent floodwater
from entering the Town’s sanitary sewer and water system. He said the owners will have the building fully
insured. Mr. McClung mentioned that this will be the first project in town that has a lodging component.
He stated that this project will help promote tourism and will produce jobs. He said approximately 41 jobs
will result from this project. It will generate a private investment of $1.9 million, with the overall project
being $2.9 million. Next, Mr. McClung went over the justification portion of the staff report. He stated
that staff recommends granting the variance for each of the reasons presented in the staff report. Mr.
McClung said that if the variance is granted, the Town will issue a notice to the developers that there will
be an increased risk to life and property, and there will be an increased premium rate for flood insurance.
Mr. McClung stated that he did receive comments from the Roanoke County Flood Engineer, Butch
Workman, and he asked if Ms. Fullen would like him to present it at this time. Ms. Fullen said it would be
fine to present it at this time since it is from the County. Mr. McClung shared the email from the Mr.
Workman on the screen, and read it aloud. A copy of the email will be made a part of the permanent record
of this meeting. With that, Mr. McClung concluded the staff report presentation. Ms. Fullen asked if Mr.
Hill was going to present any further information. He was no longer present in the meeting, so Ms.
McMillan stated that there was nothing further from Mr. Hill. She also said there were no comments
received from members of the public.
Ms. Fullen opened the floor for comments and questions from members. Mr. Benninger mentioned that the
proposed backflow devices would help keep the sewer from backing up into the building and would help to
keep the floodwater out. He said it will be up to the engineers to decide how to design it. Mr. McClung said
he is unsure how it will all work, but he looks forward to seeing how it is designed. Ms. Fullen asked for
other questions or comments. Mr. Kasey mentioned that the brick at the back of the building looks like it
is pulling away. Mr. McClung stated that the grant from the DCR that the Town obtained will be used to
shore it up and to preserve the brick façade. He said the grant funds are for that work specifically. There
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were no further comments or questions. Ms. Fullen thanked staff for their hard work on this. She closed the
public hearing at 7:36 p.m.
Next, the Board took action on the variance request. Mr. Kasey made a motion to approve the variance as
requested. Mr. Benninger seconded the motion to approve the variance. A roll call vote was taken, and all
members voted in favor of the motion to approve the variance. Ms. Fullen said that she is very excited to
see this structure brought back to life.
There was no other business to discuss; therefore, Ms. Noga made a motion to adjourn the meeting, and Mr.
Kasey seconded the motion. Ms. Fullen adjourned the meeting at 7:38 p.m.
Respectfully Submitted,
Nathan McClung
Board of Zoning Appeals Secretary