Loading...
HomeMy WebLinkAbout2/2/2017 - Public Hearing and WorksessionMINUTES OF THE MEETING OF THE TOWN OF VINTON PLANNING COMMISSION HELD ON THURSDAY, FEBRUARY 2, 2017, AT 6:00 P.M., AT THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET. MEMBERS PRESENT: Dave Jones, Chairman Keith Liles, Vice Chairman Bob Benninger Bill Booth Bob Patterson STAFF PRESENT: Anita McMillan, Planning and Zoning Director Julie Tucei, Planning and Zoning Coordinator OTHERS PRESENT FOR WORK SESSION AND PUBLIC HEARING: Rachel Robertson, Petitioner (arrived at approximately 6:35 p.m.) OTHERS PRESENT FOR PUBLIC HEARING ONLY: Boyd Shorter, 1319 Duke Drive, Vinton Hildrey Pollard, 1371 Duke Drive, Vinton Justin Davison, 1149 Ruddell Road, Vinton AGENDA WORK SESSION—6:00 P.M. I. Call to Order—Roll Call II. Review of Council Minutes and Planning Commission Annual Report (No Action Needed) a. August 16, 2016, Minutes from Joint Public Hearing with Town Council b. October 18, 2016, Minutes from Joint Public Hearing with Town Council c. 2016 Planning Commission Annual Report III. Planning Commission Appointments and Resignations IV. Parliamentary Procedure Information V. Briefing on petition of Rachel Robertson for a Special Use Permit (SUP) for a Home Occupation for a Personal Service Business to operate a small pilates exercise studio at 1345 Duke Drive, Tax Map Number 61.18-01-06 & -07, zoned R-1 Residential District. VI. Proposed Planning Commission Work Plan 2017 – 2018 VII. Next Meeting Date VIII. Comments of Planning Commissioners and Planning Staff IX. Adjournment of Work Session REGULAR SESSION—7 P.M. X. Call to Order—Roll Call XI. Election of Officers 1. Chairman 2. Vice-Chairman 3. Secretary 4. Recording Secretary PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 2 XII. Approval of Minutes 1. September 8, 2016, Work Session and Public Hearing XIII. Public Hearing to receive comments concerning: Petition of Rachel Robertson for a Special Use Permit (SUP) for a Home Occupation for a Personal Service Business to operate a small pilates exercise studio at 1345 Duke Drive, Tax Map Number 61.18-01-06 & -07, zoned R-1 Residential 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 XIV. Other Business XV. Adjournment The work session of the Vinton Planning Commission was called to order at 6:08 p.m. by Chairman Jones. All five members were present, including new member, Robert “Bob” Benninger. The first item on the work session agenda was the review of the minutes from two joint meetings with Town Council on August 16, 2016, and October 18, 2016, and the 2016 Annual Report. These three items were provided for the Commission members’ review and information, and no action was needed on them. The next item on the work session agenda was discussion of Planning Commission appointments and resignations, and the discussion of the proposed Planning Commission work plan for 2017-2018. The latter was moved up from farther down on the work session agenda. As far as resignations from the Planning Commission, Ms. Michelsen’s term was expiring, and she indicated to staff a month or two before the reappointment that she would rather not be reappointed. Three applications were received by Council for the position. Mr. Benninger was one of them, and he was appointed by Council after an interview process. Mr. Benninger formerly served on the Vinton Board of Zoning Appeals for many years. Next, Ms. McMillan discussed the work plan, which was listed as item VI., from the work session agenda. She stated that staff has been asked to amend the entire zoning ordinance. The Planning Commission will be the group that is at the forefront of updating the zoning ordinance. She said they are “in the know” since they speak with other Vinton citizens on a regular basis and know of the concerns and comments. She mentioned that the regulations for accessory structures will be just one of the areas that will need to be looked at thoroughly. She said that most localities have lot coverage requirements, but currently Vinton does not. Ms. McMillan stated that staff will provide information for their input. She said the Town would like to have public involvement in the update process. She mentioned that she hopes to start the process in April. The process will last from twelve to eighteen PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 3 months at a minimum. Chairman Jones stated that this seems to be a very aggressive schedule, and he does not see how it will be accomplished with the amount of staff available. He mentioned that the Town had consultants who updated the comprehensive plan. Ms. McMillan said Town always meets the 5 year requirement for the update to the comprehensive plan, even if only small sections are amended without the help of consultants. Ms. McMillan said the Town has recently had several requests for mother-in-law apartments. Chairman Jones mentioned that the Town added medical cottages to the ordinance in order to meet state requirements. Chairman Jones asked if there is anything in the budget that would enable the Town to hire a consultant to assist with the zoning ordinance update. Ms. McMillan said $50,000 was requested, but $40,000 was approved in the budget. This year, she has asked for $80,000, but she is not sure if that will be approved. One idea that has been brought up recently is to create a limited business district along the corridors when the zoning ordinance is revised. Ms. McMillan asked each member of the Planning Commission to let her know if they need a copy of the zoning ordinance. She said the current ordinance is very old and dates to 1995. Many things have changed since then. For instance, many localities now have maximum, rather than minimum, parking required due to stormwater regulations. She stated that the Town Zoning Ordinance is strict. Chairman Jones mentioned that Mike Chandler or Jon Weersing may be able to help with the update. Ms. McMillan stated that it will have to be sent out for bids as a professional service. She mentioned that the Town had recently put out a request for bids for engineering services. Ms. McMillan also mentioned that the Subdivision Ordinance also needs to be revised because it is older than the Zoning Ordinance. One thing in the Subdivision Ordinance that may need revision is that the Town currently requires fifty feet wide right-of-ways, but she said that VDOT has reduced their right-of-ways size requirements. Mr. Booth asked about the possibility of developing the large lot on Third Street that the Town owns. Ms. McMillan said that lot is a former landfill and not much other than recreational uses can go there. She mentioned that there is not much land left that can easily be developed. Another Zoning Ordinance issue is that signs are always a challenge to regulate, and the sign ordinance was updated awhile back, but took quite some time to update. Ms. McMillan informed the commissioners that some educational classes are coming up soon, and she will email them the details. She mentioned to Mr. Benninger that he will need to attend the Certified Planning Commissioner training as soon as possible. In regards to having public involvement in the update to the Zoning Ordinance, Chairman Jones stated that he liked having the various public meetings at the Vinton War Memorial. Mr. Liles believes that Ms. Debbie Adams, from The Vinton Messenger, will be very helpful, as always, with putting information in the paper about the Zoning Ordinance update. PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 4 Ms. McMillan mentioned that the next Planning Commission meeting will be held on March 2, 2017, if they are available that evening. She said the meeting will include the review of the proposed Capital Improvement Programs (CIP) list for this year. Ms. Rachel Robertson, the petitioner in the Special Use Permit (SUP) request, arrived at approximately 6:35 p.m. Each member of the Planning Commission and Mrs. McMillan introduced themselves to her. Then next item on the agenda was the Parliamentary Procedure information. Ms. McMillan briefly gave the Commissioners a summary of this agenda item. She asked them if there were any questions about the procedures. Mr. Booth stated that he has many questions about it, but would not go into them tonight. Ms. McMillan asked them to email or call her with any questions about this. She mentioned that a pamphlet on parliamentary procedures had been included in their packets for this meeting. She also reminded them that they had each been provided with a book about Parliamentary Procedures that was purchased for them by the Town sometime ago. The Commissioners were briefed on the SUP petition next. Chairman Jones told Ms. Robertson she would be getting a double dose on her case since she is here for the work session, too. Ms. McMillan read a summary of the request. She mentioned that Ms. Turman, who is not present tonight, presented a briefing on the request to the Town Council a week or so ago. Ms. McMillan stated that all adjoining property owners were notified. She said Ms. Tucei prepared staff report for the request. She added that she hoped each member had visited the site prior to tonight’s meeting. Ms. McMillan said the request is to allow Ms. Robertson to have a small Pilates studio in her home. She stated that Pilates studios fall under a “personal service business” which requires a SUP for a home occupation for a personal service. She mentioned that most previous requests for this type of SUP were for home hair salons or home daycares. She said this would be a small exercise studio with a limited number of clients and limited hours of operation. Ms. McMillan said that Ms. Robertson’s clients will be required to book sessions in advance. She has voluntarily proffered four conditions including: 1. One to two private clients per hour for private or semi-private classes; 2. Two to three mornings per week between 9 a.m. and 12 noon; 3. Four evenings per week between 4 p.m. and 7 p.m.; 4. A total of no more than 15 hours per week. Ms. McMillan stated that Ms. Robertson has an existing paved driveway that can accommodate several cars, including Ms. Robertson’s own car. Ms. Robertson said she owns one car. It was mentioned that there is a vacant lot next door which is for sale by the owner. Ms. McMillan said that clients will not park on Duke Drive, but there is no sign prohibiting it. She mentioned that Duke Drive is a 50 feet right-of-way. Ms. McMillan reminded them that the Planning Commission can impose additional conditions if they feel it to be necessary, in addition to the four proffers Ms. Robertson has submitted. She stated that the Planning Commission will make a recommendation to Town Council on the request, and Town Council will hold their hearing on the request on February 7, 2017. Mr. Booth said he feels that if nobody knew a Pilates studio was there, then they would even not know the classes were being held. He said he doesn’t see how people could be bothered by it. Mr. Patterson and Mr. Booth both said they think it is reasonable for the area. Mr. Booth asked where the entrance would be to go into the studio. Ms. Robertson said the studio will have its own entrance at the rear of the house right off the driveway. Mr. Booth said he had no more to say about it. Ms. Robertson mentioned that she has been PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 5 teaching Pilates for 25 years in California before she recently moved to Virginia on January 1, 2017. Next, the Commissioners discussed the upcoming meeting date. Ms. McMillan stated that first Thursday in March will be the next meeting date, if that will work for everyone. She also mentioned that she would like to have all subsequent meetings on the first Thursdays of each month, if possible. She stated that the March 2, 2017, meeting will be to discuss the proposed CIP and may also include a summary of zoning ordinance update work, if time permits. Mr. Liles suggested that Ms. McMillan may want to look into using interns to help with the update. Ms. McMillan stated that most internships don’t usually start until May after school is out, and many interns now expect to be paid for their work these days. The last item on the work session agenda was comments from the Planning Commissioners and Planning Staff. Ms. McMillan mentioned that the Town had obtained a Community Rating System (CRS) class eight from the Federal Emergency Management Agency (FEMA). This reduction in class from ten to eight will allow businesses and residents in the Town to receive a reduction in the cost of their flood insurance. With there being nothing further to discuss in the work session, it was adjourned by Chairman Jones at 6:56 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 revised evening session agenda was the election of officers: Chairman, Vice Chairman, Secretary, and Recording Secretary. Mr. Booth made a motion to retain the present Chairman—Dave Jones and Vice Chairman—Keith Liles. Mr. Patterson seconded the motion. A roll call vote was taken, and all members voted in favor of the motion. Mr. Liles made a motion to retain the present Secretary—Anita McMillan and Recording Secretary—Julie Tucei. Mr. Booth seconded the motion. 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 the minutes from the September 8, 2016, work session and public hearing. Mr. Patterson made a motion to accept the minutes as submitted. Mr. Liles seconded the motion. A roll call vote was taken and all members voted in favor of the motion. Next on the agenda, was the public hearing to receive comments concerning the petition of Rachel Robertson for a Special Use Permit (SUP) for a Home Occupation for a Personal Service Business to operate a small Pilates exercise studio at 1345 Duke Drive, Tax Map Numbers 61.18-01-06 & -07, zoned R-1 Residential District. The public hearing was declared open by Chairman Jones at 7:05 p.m. He asked Ms. McMillan to give the staff report which she read into the record. A copy of the staff report will be made a part of the permanent record of this meeting. Ms. McMillan also mentioned the proffers from the petitioner, a copy of which will also be made a part of the permanent record. Ms. McMillan asked if there were any questions for staff from the commissioners. There were no questions at that time for staff. Chairman Benninger asked if the 15 total hours proffered by Ms. Robertson would include Saturdays and Sundays. Ms. Robertson stated that she does not want to work on the weekends, PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 6 but will have to work with her clients’ schedules. Next during the public hearing, were the comments from the petitioner. Chairman Jones asked Ms. Robertson to come forward. At the same time, he reminded those who would be speaking during the public hearing to state their full names and addresses. Ms. Rachel Robertson, of 1345 Duke Drive, came forward to speak as the petitioner. She stated that she would like to run small Pilates studio out of her home. She said Pilates helps people get rid of their pain and also helps people rehabilitate from injuries. She stated that she really likes what she does. Ms. Robertson stated that she is 59 years old and has worked a lot of hours in her life. She said she is ready to enjoy life more and work fewer hours. Chairman Jones asked for the definition of Pilates. Ms. Robertson said that Pilates is about having a body that can support its own stature. It is about proper posture and about finding the neutral position to hold your body up. She stated that it can help people with neck problems. She said Pilates helps make a mobile, supple, movable spine that is properly supported. Chairman Jones asked for the difference between chiropractors, physical therapists and Pilates training. Ms. Robertson said that physical therapy works on one issue a person is having. She stated that chiropractic looks at the alignment of the bones and nerves. She said she sometimes refers people to physical therapists, massage therapists, chiropractors, or doctors depending upon their issues. Chairman Jones said that it is team effort, and she is just one part of the team that works to make people feel better. Chairman Jones asked how she will obtain customers. Ms. Robertson said by word of mouth and her website that she has had since 1999. She stated that she wants to be licensed properly before updating her website, business cards and brochures with her new home-based location. She mentioned that she already has neighbors and associates who are ready to come to her when she gets permission to have the classes in her home. Mr. Booth asked if she gets referrals from doctors. She said you can get a physical therapy prescription from a doctor, but she is not in the medical field. Sometimes a doctor can give a prescription for Pilates that enables people to use their flexible spending account to pay for her classes. For example, someone who is in a car accident may be able to be referred for Pilates by their doctor. She said it depends on the doctor and how they handle those types of situations. Chairman Jones thanked her for educating them on Pilates. Public comments were received next. Mr. Boyd Shorter, from 1319 Duke Drive, came forward. He stated that he’s been living there for 56 years. He mentioned that he is nearly deaf and did not hear all of the presentation earlier. Mr. Shorter said he was not really sure of what Pilates is exactly. He stated that his major concern is the parking. He said that, a number of years ago, they had a lot of issues with parking during school events. He said people attending the events blocked driveways. Mr. Shorter said he would like to know how many cars will be at Ms. Robertson’s for Pilates and where they will park. He mentioned that parking in front of her house is not conducive because it would partially block the street. He said he was also concerned about noise, but is less concerned about that now after finding out more about what Ms. Robertson plans to do. Chairman Jones asked if he heard what Ms. Robertson said, and Mr. Shorter said he heard most of it. Mr. Shorter asked Ms. McMillan if she could repeat about the information about the number of cars and parking. Ms. McMillan repeated the proffers from Ms. Robertson. She stated that the clients’ cars will park in her driveway. Ms. McMillan said she will mention the parking issues in the neighborhood caused by the school events to Chief of Police. Next to speak was Mr. Hildrey Pollard, of 1371 Duke Drive. He said that he has lived on Duke Drive PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 7 for about 60 years. He stated that Mr. Shorter had already asked questions about the items he is concerned about. He said he is concerned about the traffic there. He mentioned that he lives on the other corner across from Mr. Shorter. He stated that nine or ten school busses go by his house every day, and he thinks that most of them are crossing over from or to Hardy Road. He asked how many people there would be in the classes at one time. Ms. Robertson said only 1 or 2 people per class. Mr. Pollard said he does not have any other questions, and he thanked them for their consideration. Vice Chairman Liles pointed out that the only other person in attendance, Justin Davison, was at the meeting to observe, not to speak for or against the request. Next, the commissioners had the opportunity to discuss the request and ask questions. There were no further discussions or questions about the request; therefore, Chairman Jones closed the public hearing at 7:29 p.m. Vice Chairman Liles made a motion to approve the SUP request with the four submitted proffers as submitted by Ms. Robertson. The motion was seconded by Mr. Booth. The roll call vote was taken: Chairman Jones voted in favor of the motion. He stated that he thinks it is a good fit for the community. He mentioned that it would be a new business that will pay some taxes to the Town. He joked that maybe he should be a client to get straightened out. He stated that he thinks it will be low to no impact on the surrounding area. Mr. Benninger voted in favor of the motion. He stated that his main concern was the parking issue. He believes that the proffers submitted will address the parking. Mr. Booth voted yes. He said his reason for voting yes is that it is a good move for the Town of Vinton which can use any business it can get. He said he does not foresee any traffic problems at all with the clients parking in the driveway. He said he also does not see that there will be a noise problem caused by people doing the exercises and there should not be any loud music involved. He said it is good for the Town, and he sees no negatives about it. Vice Chairman Liles voted yes. He stated that he echoes what they all have said already. He said that he sees it no differently than a hair salon located in a home or child care in a home. He said it is good for the Town, and it is another first for the Town. He mentioned that he hopes she gets her 15 hours a week. Mr. Patterson also voted yes. He said the parking should not be a problem. He also stated that he thinks it is a good thing for people to have access to. The petitioner and those in attendance were reminded that the Planning Commission had just made a recommendation to Town Council that they approve the request from Ms. Robertson. Ms. McMillan stated that Town Council will hear the request Tuesday, February 7, 2017, at 7 p.m., and all are welcome to attend the Town Council meeting to hear their final decision on the request. PLANNING COMMISSION WORK SESSION AND PUBLIC HEARING FEBRUARY 2, 2017 PAGE 8 A short break was called by the Chairman at 7:35 p.m., but with no other business to attend to, the meeting was ultimately adjourned at 7:37 p.m. on a motion by Vice Chairman Liles and a second by Mr. Patterson. Respectfully Submitted, Anita McMillan Planning Commission Secretary