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HomeMy WebLinkAbout8/3/2017 - Public Hearing and WorksessionMINUTES OF THE MEETING OF THE TOWN OF VINTON PLANNING COMMISSION HELD ON THURSDAY, AUGUST 3, 2017, AT 6:30 P.M., AT THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET. MEMBERS PRESENT: Dave Jones, Chairman Keith Liles, Vice Chairman Bob Benninger (present at the Regular Session) Bill Booth Bob Patterson STAFF PRESENT: Karla Turman, Associate Planner/Code Enforcement Officer Julie Tucei, Planning and Zoning Coordinator Theresa Fontana, Town Attorney OTHERS PRESENT: Andrew T. Braxton, Petitioner (present for both sessions) Mrs. Andrew T. Braxton and family (present for Regular Session) Gary Correll, citizen, 307 Jefferson Avenue Joyce Castelli, citizen, 1037 Broadhill Drive AGENDA WORK SESSION—6:30 P.M. I. Call to Order—Roll Call II. Briefing on petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3- 81.03, zoned GB General Business District. III. Upcoming Special Events IV. Next Meeting Date V. Comments of Planning Commissioners and Planning Staff VI. Adjournment of Work Session REGULAR SESSION—7:00 P.M. VII. Call to Order – Roll Call VIII. Approval of Minutes: 1. February 2, 2017, Work Session and Public Hearing 2. March 2, 2017, Work Session IX. Public Hearing to receive comments concerning: Petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. a. Chairman opens public hearing • Report from Staff • Receive petitioner’s comments • Receive public comments • Commissioners discussion and questions b. Chairman closes public hearing c. Commission takes action on proposed SUP PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 2 X. Virginia Department of Transportation’s (VDOT) Office of Intermodal Planning and Investment (OIPI) Tier 3 Grant to support planning for and adopting revisions to the zoning and subdivision codes of the designated Urban Development Areas (UDA) a. Briefing from Staff b. Commissioners discussion and questions c. Commissioners’ takes action on the OIPI Planning Grant application XI. Other Business XII. Adjournment The work session of the Vinton Planning Commission was called to order at 6:29 p.m. by Chairman Jones. All members were present for the work session except Mr. Benninger who previously notified staff that he would arrive for the public hearing around 7 p.m. The first item on the work session agenda was the briefing on the petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. Mr. Braxton was present for the work session and available to answer questions from the Commissioners. Mr. Liles began the work session by asking Mr. Braxton if his flea market would be a Happy’s type of flea market. Mr. Braxton said it will not be like other flea markets. He stated that he has been a flea market vendor for years and has studied what works and what doesn’t work at various markets. He even made a list of those items over the years. He said the former Colonial Downs building is upscale and will remain so. Mr. Braxton said his market will be first come, first served for outdoor vendors who wish to sell their items. He said they won’t be like gypsies like they used to be at Happy’s Flea Market. He stated that the inside of the building will be completely renovated and will not be like Happy’s vendor cubbies at all. Mr. Braxton said that money made from his business will go back into the building and community. He said, if anything, this will be an anti-Happy’s flea market. Mr. Braxton mentioned that he does have fond memories of the products and some of the people at Happy’s, but definitely not of the building. Mr. Liles asked about the hours of operation for the inside and outside vendors. Mr. Braxton said he plans to be open Tuesday through Sunday. He stated that Sunday nights and Mondays will be used for maintenance and cleaning of the outdoor areas and inside the building. He stated that the outdoor vendors will be located in the front of the building and in the rear. He said he plans to have two rows of vendors in the front and two rows of vendors in the back. Mr. Liles asked Mr. Braxton how many vendors he plans to accommodate approximately. Mr. Braxton said he is planning to have about 174 spaces maximum on the outside. Mr. Braxton said that on the inside, he would have roughly 30 spaces for vendors. Mr. Liles said that he will have roughly 200 vendors in that case. He asked if there would there be a bottleneck in the parking lot at the former Colonial Downs site like there used to be at Happy’s. Mr. Braxton said there would not be a bottleneck because there is a circular drive that will be utilized. Mr. Liles asked about the bottleneck that could be created on Vinyard Road. Mr. Braxton said he has adjusted his closing time to be 4 p.m., which is before the 5 p.m. rush. He said he plans to open at 7 a.m., before the 8 a.m. rush. Mr. Booth asked if Mr. Braxton had received any comments from other businesses in the area. Mr. Braxton said he spoke with Dan, the manager of the McDonald’s, and that Dan is very excited about the flea market. Mr. Braxton mentioned that this is a great strategic location. Mr. Liles asked Mr. Braxton if he has done some research on the former Happy’s flea market. He said he would like to know how Mr. Braxton plans to regulate the sales of stolen and counterfeit PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 3 items. Mr. Liles mentioned that the Roanoke City Police were at Happy’s over 400 times in the past couple of years. Mr. Braxton stated that he comes at it from a vendor’s perspective. He said he doesn’t want to scare off vendors or shoppers. He stated that he has asked the Town about hiring off-duty officers for security on Saturdays to start off and later on Sundays. He said that he doesn’t want honest people to be hurt by bad sellers. He mentioned that copyright infringements result in all of that seller’s items being confiscated by authorities. Chairman Jones asked what will happen if a vendor shows up with lots of power tools that could have been stolen. Mr. Braxton said he will be monitoring the vendors’ setups for any questionable items. He said there will be a police officer there to do security and monitor the items as well. Mr. Booth asked about the fees he plans to charge. Mr. Braxton said he plans to charge about $12 per vendor space. Mr. Liles asked Mr. Braxton who will make money from the flea market’s operation. Mr. Braxton explained that the indoor vendors will be collecting tax on items they sell and remitting it to the Town accordingly. He stated that the outside vendors will be just of the yard sale type of vendors. Chairman Jones asked what the financial benefit to the Town will be. Mr. Braxton said that the indoor vendors will collect sales taxes, and the business will use Town water and sewer services. Mr. Braxton will also pay taxes on the rental of spaces at the market. He also said that each indoor vendor will be required to have a Town of Vinton business license. Mr. Booth said he believes that all the fast serve restaurants in Town will benefit from the people coming to the flea market, too. Mr. Braxton agreed and also added that stores such as Kroger and Big Lots could benefit from people coming into the area for the flea market. So that preparations for the regular session could take place, the work session was adjourned at 6:50 p.m. It will continue at the conclusion of the regular session. REGULAR SESSION—7 p.m. The regular session of the Vinton Planning Commission was called to order in the Council Chambers at 7:00 p.m. by Chairman Jones. Roll was called, and all members were present. The first item on the evening session agenda was the was the approval of minutes from a work session and public hearing held on February 2, 2017, and a work session held on March 2, 2017. Mr. Patterson made a motion to approve both sets of minutes as submitted, which was seconded by Mr. Booth. A roll call vote was taken, and all members voted in favor of the motion. The next item on the agenda was the public hearing to receive comments concerning the petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. Chairman Jones explained to those in attendance that zoning is such that each property has specific allowable uses. In this case, a Special Use Permit is needed for this type of use. He said that the request for a Special Use Permit first has to go before the Planning Commission who will make a recommendation to Town Council. Town Council will have the final say at their meeting on whether or not a Special Use Permit is granted. Chairman Jones opened public hearing at 7:04 pm for the Petition of Andrew T. Braxton for a Special Use Permit (SUP) to operate a flea market at 1125 and 1135 Vinyard Road, Tax Map Numbers PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 4 60.20-3-81.02 and 60.20-3-81.03, zoned GB General Business District. He stated that the request for the SUP is for the former Colonial Downs Off-Track Betting (OTB) Center property. He asked staff to present the report on the request. Ms. Turman presented the staff report, a copy of which will be made a part of the permanent record. Ms. Turman stated that the Planning and Zoning Department received one comment prior to the meeting from a citizen, Ms. Mary Ann Bays. She read the comment for those in attendance, a copy of which will be made a part of the permanent record of this meeting. Ms. Bays stated that she is not opposed to sales of items being conducted inside the building, but she is not in favor of sales being conducted outside the building. Staff also received comments from the following Town departments: Economic Development, Public Works, and Police. Copies of the comments from each of these departments will be made a part of the permanent record of this meeting. Chairman Jones thanked Ms. Turman for the staff report. Next for this request, was to receive the Petitioner’s comments and presentation. Chairman Jones asked Mr. Braxton to come forward and give his presentation. Andrew “Ty” Braxton, of 1033 Jeanette Avenue, Vinton, came forward to present his request and PowerPoint presentation. A copy of the PowerPoint presentation will be made a part of the permanent record of this meeting. Mr. Braxton began by saying that “We the People Flea Market” will be the name of the flea market. He stated that, as a former vendor at Happy’s in Roanoke, he has fond memories of many of the people who used to be there. Because of his fondness of the people, he came up with his business slogan: “Of the people, By the people, For the people.” He mentioned that he is former military and that he really wanted to stay in the military, but was unable to. He said that he now wants to serve at the local level. Mr. Braxton presented some background information on himself. He said he has a wife and children who will help him run the flea market. He said his flea market will be clean, safe, and have a fun atmosphere for entire community, unlike the former Happy’s Flea Market. He said the problems Happy’s faced are problems that are worth solving. He stated that Happy’s used to be very unorganized and dirty with limited bathroom facilities and food selection. He plans to have a clean facility with a restaurant, coffee shop, and a snack shop. He mentioned that Happy’s had many random structures and a lot of clutter. His outdoor setup will utilize a parking space and a half for each vendor space, which will be marked on the pavement. The outdoor vendors will only be temporary, and their tables and canopies will have to be removed at the end of each day. He stated that his facility will have clean indoor bathrooms with baby stations. Mr. Braxton said he and his staff will make sure both the indoor space and outdoor space is kept clean. He will provide a variety of food options. He stated that he also plans to hire off-duty officers from Vinton to provide security on the site during the operation of the flea market. Mr. Braxton mentioned that he also has some policing experience because he was in the military police for many years. He said he has been studying competitors who have flea markets in our area including County Line in the New London area and the flea market in Buchanan. Mr. Braxton mentioned that many people travel to other areas to go to flea markets. He said that his We the People Flea Market will offer rental spots to vendors so they can earn income and all walks of life can come together to shop at the market. Mr. Braxton plans to set the flea market hours for Tuesday through Sunday from 7 a.m. to 4 p.m. which will put it opening and closing before the morning and evening rush hours. He stated that he plans to be closed on Mondays. He plans to use Mondays to clean and maintain the flea market area. Mr. Braxton said he will be selling advertising space to other businesses on the inside walls for them to advertise their businesses. He stated that he will provide free Wi-Fi at the flea market which will make networking even more convenient for his vendors and customers. He definitely wants to show that he is PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 5 “not trying to go Happy’s Flea Market on the Town”. As a part of his presentation, he showed aerial photo. He pointed out where he plans to locate the outdoor vendors. He stated that at the rear of the building where some outdoor vendors will be located, there is a buffer of vegetation which will screen it from the neighborhood. He also showed them a rendering of where the vendor booths will be located inside. Additionally, the rendering showed where the restaurant, snack area, and coffee shop would be located. It also showed the office locations for the flea market’s main office and security. He mentioned that, in the front of the building, he will have a wall where military service member’s photos can be displayed, and it will be called the Hero’s Wall. Mr. Braxton said he also plans to have an area for community organizations to setup booths at no charge like girl scouts, boy scouts, etc. Lastly, he also showed on the rendering that there will be an adequate amount of clean bathrooms located inside the building. The next item during the public hearing was to receive public comments. Chairman Jones asked anyone who wanted to speak to please state their name and address for the record and to limit their comments to no more than 5 minutes total. First to speak was Mr. Gary Correll, of 307 Jefferson Avenue, Vinton. He stated that he went to Happy’s Flea Market for over 30 years. He said he never saw any of the issues at Happy’s that were in the police report that was provided by the Vinton Police Department with their comments. He stated that the police respond to calls at Kroger in Vinton more than he ever saw them at Happy’s Flea Market. He said that the flea market will be for the people and citizens of Vinton. He said he does not know Mr. Braxton, but thinks he will do a great job with it. Last to speak was Joyce Castelli, of 1037 Broadhill Drive, Vinton. Ms. Castelli stated that she has lived in Vinton for 46 years. She mentioned the high vehicle count going in and out of that area every day. She mentioned that there are a lot of businesses and apartments there. She said there are lots of wrecks there, too. She also said she believes that people who do not sell their stuff during the flea market will just leave it behind. Ms. Castelli she said she thinks Mr. Braxton has a good plan, but it is just not the right place for it. She even said that it won’t visually impact her. However, she said it is difficult to drive in that area now. She stated that she is also not in favor of Sunday sales there either. She did complement Mr. Braxton on his presentation. Chairman Jones asked if anyone else in attendance would like to speak, but the remainder of the people there said they were the family of Mr. Braxton and did not wish to speak. The next item on the agenda was the discussion and questions by the Commissioners. Chairman Jones stated that they do have some questions for Mr. Braxton. First, he asked how the flea market would benefit the Town, tax-wise. Mr. Braxton stated that the indoor vendors will have to have business licenses and will be paying taxes on sales. He also said that people will come in from surrounding areas to go to the flea market and will spend money here at places like McDonald’s, Burger King, Kroger, and the banks. He mentioned that Vinton is growing and that the new brewery is proof of that. Mr. Liles also had questions about how the flea market will bring additional revenue to the Town. He said that the way he sees it, three people will make money—Mr. Braxton, the building owner, and vendors. He asked how Mr. Braxton plans to “police” the vendors who are selling items and make sure PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 6 they remit the appropriate taxes. Mr. Braxton explained that the inside vendors will have contracts stating the vendors’ responsibilities. The contracts will be submitted to him, and he will submit a copy to the Town. Mr. Liles mentioned that the property is one of the prime pieces of property that could make money for the Town. He said he thought that Mr. Braxton’s presentation was great, but he doesn’t see how the taxes can be policed. Mr. Braxton said that every inside vendor will have a Town business license and will pay taxes on their sales. He said that it would be just like any other small business located in the Town. He asked how the Town knows if other small businesses are remitting the proper taxes or not. Mr. Liles mentioned Mr. Braxton’s plan to be closed on Mondays and to use that day for any cleaning that wasn’t complete on Sunday. He asked if those two days would be the only cleaning days for the facility. Mr. Braxton stated that they will clean every day, but Sundays and Mondays would be deep cleanings days. Mr. Liles asked what will happen if people leave their unsold stuff behind on the property. Mr. Braxton said that any items left will be donated to Goodwill or thrown away. Mr. Liles said the location may start out really clean, but what if it goes the way of Happy’s? He mentioned that they cannot just dump everything left over at the Goodwill. Mr. Braxton said his goal will be to have at least two people working and helping him with the clean up. He mentioned that Happy’s owners were located in another state and weren’t able to run it remotely and police it like it needed. Mr. Braxton stated that as far as Sundays, he doesn’t sell on Sundays either. He said he will be in church, and he and his wife will alternate working on Sundays. Mr. Booth stated that he lives within a half mile of this location, and he frequents Vinyard and Niagara Roads all the time. He said that no one ever pays any attention to that building back there. He pointed out that the location is out of the way and off the beaten path. He felt that the trash would not be an issue back there, and they will clean up anything that is left. Mr. Liles mentioned that he can see the building from his house. Chairman Jones asked if they have any other questions. Mr. Liles mentioned the signs proposed for the inner walls and outer walls. Mr. Braxton said there would be no outside ads sold or attached to the outside of the building. He said the ads will only be displayed on the inside walls of the building. Mr. Correll spoke again and said that lots of people at Happy’s kept stuff outside day after day, but Mr. Braxton says his flea market will be clean and not like Happy’s. There were no further questions or comments; therefore, Chairman Jones closed the public hearing at 7:45 p.m. Ms. Fontana, the Town Attorney, reminded the Commissioners that this is a special use permit, and when they make a recommendation to Town Council, they can recommend to Council that they deny it or they can recommend to Council to approve it with restrictions/conditions to mitigate any of the issues they brought up. Mr. Benninger made a motion to recommend to Town Council that the request be denied. Mr. Liles seconded the motion. Roll was called and each member made their vote and explained the reasons why they voted for or against the motion. Chairman Jones voted yes because he agreed with the recommendation for Council to deny the request. He stated that he liked Mr. Braxton’s presentation and thinks he has a good idea. However, he feels that this location is the wrong place. Chairman Jones said the building is empty, and there will be a better use for it. He said he likes the idea of the flea market, but just feels it is not the right thing to do with this property. He also thinks that Mr. Braxton won’t be able to police it as needed. He stated that it could start off well, but it may not continue to go well. He felt that rather than start with the flea market, and then have a problem with it, just don’t start. PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 7 Mr. Benninger also voted yes in favor of motion. He said that, like Chairman Jones, he thinks Mr. Braxton did a great job on the presentation. He also said that he feels that Mr. Braxton would handle the security and trash issues. However, Mr. Benninger pointed out that there is not much viable property left in Vinton to support the tax base. He said he thinks it is a great idea, but in the wrong location. Mr. Booth stated that he is thinking primarily about other businesses in that area that could profit from the flea market being there. He mentioned that this property has been sitting vacant for about three years and hates to think it could sit vacant for 10 years like Vinton Motors has. He said there could be more businesses that could go there, but he said he personally does not see where the flea market would hurt. He stated that Vinton is not getting anything from that location now, and said that some of the other businesses in the area could prosper from it. Mr. Booth voted no against the motion. Mr. Liles also said he thinks Mr. Braxton did a great job on his presentation, but that the location isn’t the right location. He said maybe another location could be found in the Town for it. He said he had concerns about the ingress and egress on the property. Mr. Liles stated that he doesn’t see the Town getting a lot of tax revenue from it. He said that only three people will make money in this: Mr. Brabham, Mr. Braxton, and vendors. Mr. Liles said he wondered what will happen if Mr. Braxton starts this venture, but then moves away and the flea market becomes a mess. He said he feels that once this is done, it would be difficult to get away from it. He stated that a developer may come along and want to develop the property. Mr. Liles voted yes in favor of the motion. Mr. Patterson voted yes and said he was not sure that this location is right for this particular business. Therefore, on a 4 to 1 vote, the Planning Commission has recommended that Town Council deny the request for a Special Use Permit. Ms. Turman reminded everyone that Town Council will hear the request on August 5, 2017. She also reminded Mr. Braxton to attend the Town Council meeting on the 5th. The next item on the regular session agenda was for the Planning Commission to hear staff’s request on the Virginia Department of Transportation’s (VDOT) Office of Intermodal Planning and Investment (OIPI) Tier 3 Grant to support planning for and adopting revisions to the zoning and subdivision codes of the designated Urban Development Areas (UDA). Ms. Turman stated that, if the Town applies for and receives this grant; it will enable the Town to hire a consultant to assist staff with the update of the zoning and subdivision ordinances. Chairman Jones asked if this would be the first time the Town has applied for this grant. Ms. Turman explained that it is a new grant, but is from the same organization that awarded the Town a grant which allowed the Town to hire consultants to help with the establishment of Urban Development Areas (UDA) recently. She stated that the Town’s zoning ordinance needs to be overhauled, and having consultants to help with the overhaul would definitely help Town staff with this major task. Since the Town recently established UDA, the Town can now apply for this grant to help with the ordinance updates. Ms. Turman reminded the Commissioners that the zoning ordinance has been updated in piecemeal fashion since 1995. Mr. Patterson made a motion to recommend that Council approve of staff submitting the grant application, but prior to submitting it, to revisit any timelines for research and tasks that staff must perform. Several members expressed concerns that the timelines were a bit tight. The motion was seconded by Mr. Liles. A roll call vote was PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING AUGUST 3, 2017 PAGE 8 taken and all members voted in favor of the motion and revisiting the timeline. Mr. Booth asked if the updates to the ordinance will take the whole $65,000. Ms. Turman said it would take that and more. With there being no other business, the regular session was adjourned at 8:08 p.m. WORK SESSION—Continued from 6:30 P.M. The work session reconvened at 8:08 p.m., immediately following the end of the regular session. First, Ms. Turman mentioned that they had been given an updated list of Town special events in their packets. The upcoming meeting date for the Commission was tentatively set for October 5, 2017. Each member was asked to let staff know for sure by email or phone if that date will work. Comments were also received from the Commissioners and staff. Ms. Turman mentioned that the Town is now at class 8 in the National Flood Insurance Program’s Community Rating System (CRS). She is preparing to send out about 153 letters to homeowners in the floodplain areas of Town. There has been a change to floodplain regulations by FEMA concerning items that are stored outside, and permits may soon be required for outdoor storage in flood areas. Some projects around Town were briefly discussed: Macado’s, former William Byrd High apartments, River Park’s loss of Super Dollar grocery store, possible Wendy’s location. With there being nothing further to discuss, the work session was adjourned at 8:20 p.m. Respectfully Submitted, Anita McMillan Planning Commission Secretary