HomeMy WebLinkAbout9/3/2024 - Joint TOWN OF VINTON
311 S. POLLARD STREET
VINTON, VIRGINIA 24179
PHONE: (540) 983-0605
FAX: (540) 983-0621 ANITA MCMILLAN EMAIL: amcmillan@vintonva.gov PLANNING AND ZONING DIRECTOR
August 29, 2024
TO: VINTON PLANNING COMMISSION
Mr. Keith Liles, Chair
Mr. David “Dave” Jones, Vice-Chair
Mr. Robert “Bob” Benninger
Mr. Jonathan McCoy
Ms. Sarah Reid
RE: Joint Work Session and Public Hearing
Tuesday, September 3, 2024
On Tuesday, September 3, 2024, a joint work session of the Planning Commission and Town Council will be
held at 5:15 p.m., which will be followed by a joint public hearing at 6:00 p.m. in the Town Council Chambers at
the Vinton Municipal Building.
Please see the enclosed agenda and supporting materials for the meeting. Should you have any questions, please
call Julie Tucei at 540-983-0605 or email her at jtucei@vintonva.gov by noon on the day of the meeting.
The purpose of the public hearing is to receive public comments regarding:
1. Proposed amendments to the Vinton Zoning Ordinance. The proposed amendment would require
medical and dental clinic uses to obtain a special use permit in the R-B Residential-Business District,
GB General Business District, CB Central Business District, M-1 Limited Industrial District, M-2
General Industrial District, PD Planned Unit Development District, and MUD Mixed-Use
Development District, and it would require hospitals to obtain a special use permit in the GB General
Business, M-1 Limited Industrial District, and M-2 General Industrial District.
Please let me know if you are UNABLE to attend this meeting on September 3rd as soon as possible by emailing
me at amcmillan@vintonva.gov or calling me at 540-983-0605. Thank you.
Sincerely,
Anita J. McMillan
Planning and Zoning Director
Enclosures
c: Richard W. Peters, Town Manager
Nathan McClung, Assistant Planning & Zoning Director
Vinton Town Council and Planning Commission
Joint Meeting Agenda
Tuesday, September 3, 2024
Work Session - 5:15 p.m.
Public Hearing - 6:00 p.m.
WORK SESSION AGENDA
I. Call to Order—Roll Call
II. Briefing
1. Proposed amendment to the Vinton Zoning Ordinance. The proposed
amendment would require medical and dental clinic uses to obtain a
special use permit in the R-B Residential-Business District, GB
General Business District, CB Central Business District, M-1 Limited
Industrial District, M-2 General Industrial District, PD Planned Unit
Development District, and MUD Mixed-Use Development District,
and it would require hospitals to obtain a special use permit in the GB
General Business, M-1 Limited Industrial District, and M-2 General
Industrial District.
III. Comments of Planning Commissioners, Town Council Members, and
Planning Staff
IV. Adjournment of Work Session
REGULAR SESSION AGENDA
I. Call to Order—Roll Call
II. Public Hearing to receive comments concerning:
Vinton Municipal Building
311 S. Pollard Street
Vinton, VA 24179
Phone (540) 983-0605
Fax (540) 983-0621
Mr. David “Dave” Jones, Vice-Chairman
Mr. Robert “Bob” Benninger
Mr. Jonathan McCoy
Ms. Sarah Reid
Vinton Town Council and Planning Commission
Joint Meeting Agenda
Tuesday, September 3, 2024
Page 2 of 2
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1. Proposed amendment to the Vinton Zoning Ordinance. The proposed
amendment would require medical and dental clinic uses to obtain a
special use permit in the R-B Residential-Business District, GB
General Business District, CB Central Business District, M-1 Limited
Industrial District, M-2 General Industrial District, PD Planned Unit
Development District, and MUD Mixed-Use Development District,
and it would require hospitals to obtain a special use permit in the GB
General Business, M-1 Limited Industrial District, and M-2 General
Industrial District.
a. Open public hearing
• Report from staff
• Receive public comments
• Council/Planning Commission discussion and
questions
b. Close public hearing
c. Planning Commission to make a recommendation
d. Council to consider adoption of the proposed Zoning
Ordinance amendments.
III. Adjournment of the Planning Commission
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Town of Vinton Planning and Zoning
Proposed Zoning Ordinance Amendments
INTRODUCTION TO PROPOSED AMENDMENTS
The proposed amendments would require medical and dental clinic uses to obtain a special use
permit in the R-B Residential-Business District, GB General Business District, CB Central
Business District, M-1 Limited Industrial District, M-2 General Industrial District, PD Planned
Unit Development District, and MUD Mixed-Use Development District, and it would require
hospitals to obtain a special use permit in the GB General Business, M-1 Limited Industrial
District, and M-2 General Industrial District.
The specific code sections proposed to be amended include Appendix B, Zoning, Article IV,
District Regulations, Division 2, Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit
Development Districts, Section 4-11, and Division 5, Mixed-Use Development (MUD) District,
Sec. 4-18 of the Vinton Town Code.
SIX PRINCIPLES CONCERNING SPECIAL USE PERMITS
• Special use permits are legislative in nature.
• Uses allowed by special use permit are considered to have a potentially greater impact than
those allowed as a matter of right.
• Special use permits must be evaluated under reasonable standards, based on zoning
principles.
• Impacts from special use permits are addressed through conditions.
• Conditions must be reasonably related to the impacts to be addressed, and the extent of the
conditions must be roughly proportional to the impacts.
• Decisions by a governing body granting or denying special use permits are presumed
correct and reviewed under the fairly debatable standard.
JUSTIFICATIONS FOR THE PROPOSED AMENDMENTS
The following section identifies the reasons and justification for implementing the proposed
amendments that directly tie to factors enumerated in the Virginia Code:
Virginia Code § 15.2-2200. Declaration of legislative intent
“This chapter is intended to encourage localities to improve the public health, safety,
convenience, and welfare of their citizens and to plan for the future development of
communities to the end that transportation systems be carefully planned; that new community
centers be developed with adequate highway, utility, health, educational, and recreational
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facilities; that the need for mineral resources and the needs of agriculture, industry, and
business be recognized in future growth; … that residential areas be provided with
healthy surroundings for family life; that agricultural and forestall land be preserved; and
that the growth of the community be consonant with the efficient and economical use of
public funds.”
1. Recognize the needs of agriculture, industry, and business in future growth.
2. Provide residential areas with healthy surroundings for family life.
3. Provide for growth that is consonant with the efficient and economical use of public funds.
Virginia Code § 15.2-2283. Purpose of zoning ordinances
“Zoning ordinances shall be for the general purpose of promoting the health, safety or general
welfare of the public and of further accomplishing the objectives of § 15.2-2200. To these
ends, such ordinances shall be designed to give reasonable consideration to each of the
following purposes, where applicable: … (ii) to reduce or prevent congestion in the public
streets; (iii) to facilitate the creation of a convenient, attractive and harmonious
community; (iv) to facilitate the provision of adequate police and fire protection, disaster
evacuation, civil defense, transportation, water, sewerage, flood protection, schools,
parks, forests, playgrounds, recreational facilities, airports and other public
requirements… (vi) to protect against one or more of the following: overcrowding of land,
undue density of population in relation to the community facilities existing or available,
obstruction of light and air, danger and congestion in travel and transportation, or loss of life,
health, or property from fire, flood, impounding structure failure, panic or other dangers; (vii)
to encourage economic development activities that provide desirable employment and
enlarge the tax base…”
4. Reduction or prevention of congestion in the public streets.
5. Facilitation of the creation of a convenient, attractive and harmonious community.
6. Facilitating of the provision of adequate services.
7. Encouragement of economic development activities that provide desirable employment
and enlarge the tax base.
Virginia Code § 15.2-2284. Matters to be considered in drawing and applying zoning
ordinances and districts
“Zoning ordinances and districts shall be drawn and applied with reasonable consideration
for the existing use and character of property, the comprehensive plan, the suitability of
property for various uses, the trends of growth or change, the current and future
requirements of the community as to land for various purposes as determined by population
and economic studies and other studies, the transportation requirements of the community,
the requirements for airports, housing, schools, parks, playgrounds, recreation areas and
other public services, the conservation of natural resources, the preservation of flood plains,
the protection of life and property from impounding structure failures, the preservation of
agricultural and forestal land, the conservation of properties and their values and the
encouragement of the most appropriate use of land throughout the locality.”
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8. Factors to be considered in drawling and applying zoning ordinances and districts include:
• The existing use and character of property.
• The suitability of property for various uses.
• The trends of growth or change.
• The current and future requirements of the community as to land for various
purposes.
• The requirements for public services.
• The conservation of properties and their values and the encouragement of the
most appropriate uses of land throughout the Town.
Sec. 8-27 of the Zoning Ordinance of the Vinton Town Code
“Special use provisions are intended as a means for the town council, after review and
recommendation by the planning commission, to authorize certain uses which, although
generally appropriate in the district in which they are permitted, have potentially greater
impacts on neighboring properties than uses which are permitted by right. The special
use permit procedure provides the opportunity for the town council to review each
proposed special use and impose such conditions as reasonably necessary to ensure the use
will be compatible with the surrounding area and consistent with the purposes of this
appendix.”
9. Consideration of impacts of a proposed use on neighboring properties in deciding whether
to grant or deny a special use permit or to impose certain conditions upon an approved use.
MEDICAL & DENTAL CLINIC USES , AND HOSPITALS (S PECIAL USE
PERMIT REQUIREMENT RECOMMENDATION)
Town staff find that using available property in Vinton for a medical or dental facility or a hospital
could impact the needs of industry and business in future growth, the surroundings of residential
areas, the efficient and economical use of public funds, congestion in the public streets, the creation
of a convenient, attractive and harmonious community, the provision of adequate services,
economic development activities that would result in desirable employment and an enlarged tax
base, and neighboring properties of the proposed use. With these factors considered, we
recommend the change in the Zoning Ordinance to no longer permit medical and dental facilities
and hospitals as a matter of right within the Town but, instead, to require such uses to undergo the
special use permit process.
The special use permit process will allow the Planning Commission and Town Council to evaluate,
among other factors, the existing use and character of the property proposed for use as a medical
or dental facility or hospital, the suitability of the subject property for various other uses, the need
for the proposed use in light of the trends of growth or change, the current and future requirements
of the community as to land for various purposes, the impacts on public services, the conservation
of properties and their values and the encouragement of the most appropriate uses of land
throughout the Town, and the impact of the proposed use on neighbors.
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ORDINANCE NO. _____
AT A REGULAR MEETING OF THE VINTON TOWN COUNCIL, HELD ON
TUESDAY, SEPTEMBER 3, 2024, AT 6:00 P.M., IN THE COUNCIL CHAMBERS OF
THE VINTON MUNICIPAL BUILDING, 311 SOUTH POLLARD STREET, VINTON,
VIRGINIA.
AN ORDINANCE amending Appendix B, Zoning, Article IV, District Regulations, Division 2,
Multiple Purpose Districts, Section 4-5; Division 4, Planned Unit Development Districts, Section
4-11, and Division 5, Mixed-Use Development (MUD) District, Sec. 4-18 of the Vinton Town
Code.
WHEREAS, Virginia Code §§ 15.2-2283 and 15.2-2284 enumerate the purposes for zoning
ordinances and matters to be considered in drawing and applying zoning ordinances and districts;
and
WHEREAS, purposes for zoning ordinances and amendments thereto include promoting the
health, safety, and general welfare of the public and accomplishing the objectives set out in
Virginia Code § 15.2-2200, such as recognizing the needs of agriculture, industry, and business in
future growth, providing residential areas with healthy surroundings for family life, and providing
for growth that is consonant with the efficient and economical use of public funds; and
WHEREAS, purposes for zoning ordinances and amendments thereto also include, among other
things, reducing or preventing congestion in the public streets, facilitating the creation of a
convenient, attractive and harmonious community, facilitating the provision of adequate services,
and encouraging economic development activities that provide desirable employment and enlarge
the tax base; and
WHEREAS, matters to be considered in drawing and applying zoning ordinances and districts
include, among other things, the existing use and character of property, the suitability of property
for various uses, the trends of growth or change, the current and future requirements of the
community as to land for various purposes, the requirements for public services, and the
conservation of properties and their values and the encouragement of the most appropriate uses of
land throughout the Town; and
WHEREAS, as part of the consideration of special use permit applications, Section 8-27 of the
Zoning Ordinance of the Town of Vinton, Virginia requires the consideration of factors such as
impacts of the proposed use on neighboring properties in deciding whether to grant or deny a
special use permit or to impose certain conditions upon an approved use; and
WHEREAS, Town Council finds that using available property in Vinton for a medical or dental
facility or a hospital could impact the needs of industry and business in future growth, the
surroundings of residential areas, the efficient and economical use of public funds, congestion in
the public streets, the creation of a convenient, attractive and harmonious community, the
provision of adequate services, economic development activities that would result in desirable
employment and an enlarged tax base, and neighboring properties of the proposed use, and,
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therefore, it is reasonable to no longer permit medical and dental facilities and hospitals as a matter
of right within the Town but, instead, to require such uses to undergo the special use permit process
established in Article VIII, Division 4, of the Zoning Ordinance of the Town of Vinton, Virginia;
and
WHEREAS, Town Council finds that the special use permit process will allow the Planning
Commission and Town Council to evaluate, among other factors, the existing use and character of
the property proposed for use as a medical or dental facility or hospital, the suitability of the subject
property for various other uses, the need for the proposed use in light of the trends of growth or
change, the current and future requirements of the community as to land for various purposes, the
impacts on public services, the conservation of properties and their values and the encouragement
of the most appropriate uses of land throughout the Town, and the impact of the proposed use on
neighbors; and
WHEREAS, Town Council finds that consideration of these factors at the time of a specific
application and in light of the nature and scope of the proposed medical or dental facility or hospital
will allow Town Council to evaluate the proposed use and determine if the proposed use is
appropriate given the foregoing considerations and the other considerations set out in Virginia
Code §§ 15.2-2200, 15.2-2283, and 15.2-2284; and
WHEREAS, Town Council finds that the requirement for a special use permit for medical and
dental facilities and hospitals proposed to be located in the Town will improve the public health,
safety, convenience, and welfare of Town residents and allow the Town to plan for the future
development of the community in accordance with Virginia Code § 15.2-2200.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Vinton that
Appendix B, Zoning, Article IV, District Regulations, Division 2, Multiple Purpose Districts,
Section 4-5; Division 4, Planned Unit Development Districts, Section 4-11, and Division 5, Mixed-
Use Development (MUD) District, Sec. 4-18 of the Vinton Town Code are amended, reenacted,
and recodified as follows:
APPENDIX B. – ZONING
* * *
ARTICLE IV. – DISTRICT REGULATIONS
* * *
DIVISION 2 – MULTIPLE PURPOSE DISTRICTS
* * *
Sec. 4-5. – Use table for multiple purpose districts.
District R-B GB CB P/O Supplemental
Regulation Section
Residential Uses
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not meet the lot area and/or lot
width requirements of section 4-
Accommodations and Group Living Uses
Commercial Uses: Office and Related Uses
display rooms, general or special
Commercial Uses: Miscellaneous
clinic, with outside runs, play
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principal or accessory use of
property. This shall not include
the parking or storage of
recreational vehicles, watercraft,
utility trailers, or recreational
VI
Commercial Uses: Retail Sales and Service
sold principally at retail on the
incidental retail sales of related
daycare facility, completely
daycare facility, with outside
runs, play yards, pens, or
Industrial Uses
5
Warehousing and Distribution Uses
broker, not including wholesale
Assembly and Entertainment Uses
Public, Institutional, and Community Facilities
schools or nonindustrial trade
elementary, middle, and
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recreational facilities and
services, but not including
Utility and Accessory Uses
conjunction with any use
"S" indicates a use permitted only by special use permit.
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted
* * *
DIVISION 4 – PLANNED UNIT DEVELOPMENT DISTRICTS
* * *
Sec. 4-11. Use table for planned use development district.
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(a) Uses and structures permitted by right. The following uses and structures are permitted
by right in the PD planned development district, subject to all other applicable requirements of
this appendix:
District PD Supplemental
Regulation Section
Residential Uses
Accommodations and Group Living Uses
Commercial Uses: Office and Related Uses
Commercial Uses: Retail Sales and Service
pick up stations
Industrial Uses
gasoline stations
Assembly and Entertainment Uses
Public, Institutional, and Community Facilities
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facilities and community centers not operated
for commercial purposes
nonindustrial trade school
and secondary (public or private)
Utility and Accessory Uses
use permitted in the PD district
"S" indicates a use permitted only by special use permit.
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted
in the planned use development district.
* * *
DIVISION 5 – MIXED-USE DEVELOPMENT (MUD) DISTRICT
* * *
Sec. 4-18. Use table for mixed-use development district.
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District MUD Supplemental
Regulation Section
Residential Uses
Accommodations and Group Living Uses
Commercial Uses: Office and Related Uses
Commercial Uses: Miscellaneous
completely enclosed
banquet facilities
Commercial Uses: Retail Sales and Service
pick up stations
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facility, completely enclosed
including motorized vehicles
Industrial Uses
side of the associated retail structure and
which do not conflict with pedestrian travel
ways or interrupt street frontage. In no case
shall the gas pump canopy abut a public
street.
Assembly and Entertainment Uses
Public, Institutional, and Community Facilities
shops
facilities and community centers
nonindustrial trade school
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and secondary (public or private)
Utility and Accessory Uses
use permitted in the MUD district that do not
abut or face a public street and located in the
rear or side of the structure
feet in gross floor area, or greater than 10,000
square feet per floor
"S" indicates a use permitted only by special use permit.
A blank cell indicates the use is not permitted; any use not listed in this table is not permitted
in the mixed-use development district.
AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the
foregoing amendments shall be made a part of the Zoning Ordinance of the Town of Vinton,
Virginia without the underlining and strikeouts, which are included herein for reference only.
AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the
Zoning Ordinance of the Town of Vinton, Virginia shall remain unamended and in full force and
effect except to the extent specifically amended herein.
AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the
recitals to this Ordinance are hereby incorporated by reference and are declared to be findings of
the Town Council in connection with its decision to adopt this Ordinance.
AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that the
zoning administrator is authorized and directed to prepare application forms for medical and dental
facilities and hospitals that will require applicants to provide information about any and all aspects
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of the specific proposed use of the property at issue that relate to the issues addressed herein and
in Virginia Code §§ 15.2-2200, 15.2-2283, and 15.2-2284.
AND BE IT FURTHER ORDAINED by the Town Council of the Town of Vinton that this
Ordinance shall become effective immediately.
This Ordinance adopted on motion made by ____________ and seconded by _______________,
with the following votes recorded:
AYES:
NAYS:
APPROVED:
_______________________
Bradley E. Grose, Mayor
ATTEST:
____________________________________
Antonia Arias-Magallon, Town Clerk