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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 BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MARCH 30, 2021 PAGE 2 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 BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MARCH 30, 2021 PAGE 3 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 BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MARCH 30, 2021 PAGE 4 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 BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MARCH 30, 2021 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 BOARD OF ZONING APPEALS WORK SESSION AND PUBLIC HEARING MARCH 30, 2021 PAGE 6 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