HomeMy WebLinkAbout07-16-24 Town Council PacketAgenda Town Council Meeting
Tuesday, July 16, 2024
6:00 p.m. Work Session Council Chambers
1. Meeting Called to Order (Mayor Collins)
2. Roll Call (Clerk of Council)
3. Case Number 24-ZA-1 and 24-ZA-2 Amending Section 11.2, Town’s Definition of Hospital and Remove “Hospital or Health Center” as a use from sections 4.1.2-2, 4.2.2-2,4.3.2-2, 4.4.2-2, 4.10.2-2 (Vote to move to Public Hearing on August 6th)
4. Case Number 24-SE-002 Special Exception for 929 Newbern Road (Vote to move to
Public Hearing on August 6th)
5. Adjournment (Mayor Collins) 7:00 p.m. Public Session Council Chambers
1. Meeting Called to Order (Mayor Collins)
2. Pledge of Allegiance (Councilman Dawson)
3. Invocation (Councilman East)
4. Guests and Visitors (Mayor Collins)
5. Modification to Public Session (Mayor Collins)
6. Public Comment Period
(The Town Council welcomes your input. You may address the Council by completing a speaker’s
slip available at the door and giving it to the Clerk of Council prior to the meeting. At this time, you may address Council on items that are not on the agenda. The limit is three (3) minutes for
each speaker.)
7. Consent Agenda (Voting)
a. Consideration of July 2, 2024 Town Council Meeting Minutes
8. Council Comments
9. Manager’s Report (Manager Day)
a. Chrome in the Valley Cruise-In: Saturday July 20th in Jackson Park from 11am-4pm 10. Reminder of Future Council Meeting (Mayor Collins)
a. August 6, 2024 Work Session 6:00 p.m., Open Session 7:00 pm, Closed Session
following Open Session.
Closed Session Council Chambers
1. VA Code 2.2-3711 (A) 29 (1 item)- Award of a Public Contract Involving the Expenditure
of Public Funds a. Great Wilderness Brewery
Reasonable accommodation will be provided for persons with disabilities, if requested.
Open Session Council Chambers
1. Certification of Closed Session (Mayor Collins)
2. Adjournment
STAFF REPORT
DEPARTMENT CONTACT:
Summer Bork, Town Planner 42 First Street, N.W./P.O. Box 660, Pulaski, VA 24301
(540) 994-8624
CASE NUMBER:
24-ZA-1 and 24-ZA-2
APPLICANT/PROPERTY OWNER: Commission-Initiated
PUBLIC HEARING DATE:
Monday, April 8, 2024
PROPERTY ADDRESS/LOCATION:
NA
SPECIFIC ACTIONS:
24-ZA-1: Amend section 11.2, Town’s Definition of Hospital.
24-ZA-2: Remove “Hospital or Health Center” as a use from sections 4.1.2-2, 4.2.2-2, 4.3.2-2, 4.4.2-2, 4.10.2-2
SIZE OF PROPERTY:
NA
EXISTING ZONING:
NA
EXISTING LAND USE:
NA
RELATED ORDINANCE: For section 11.2, the town’s current definition of a Hospital:
“Hospital or health center" means any and all medical facilities and approaches thereto and appurtenances
thereof. Medical facilities shall include any and all facilities suitable for providing hospital and medical care,
including any and all structures, buildings, improvements, additions, extensions, replacements, appurtenances,
lands, rights in lands, franchises, machinery, equipment, furnishing, landscaping, approaches, roadways and other
facilities necessary or desirable in connection therewith or incidental thereto (including, without limitation,
hospitals, nursing homes, assisted living facilities, continuing care facilities, self-care facilities, medical office
facilities, clinics, out-patient surgical centers, alcohol, substance abuse and drug treatment centers, laboratories,
research facilities, sanitariums, hospices, facilities for the residence or care of the elderly, the handicapped or the
chronically ill, residential facilities for nurses, interns, and physicians and any other kind of facility for the diagnosis,
treatment, rehabilitation, prevention, or palliation of any human illness, injury, disorder, or disability), together
with all related and Page 191 Town of Pulaski Zoning Ordinance supporting facilities and equipment necessary and
desirable in connection therewith or incidental thereto, or equipment alone, including, without limitation, kitchen,
laundry, laboratory, pharmaceutical, administrative, communications, computer and recreational facilities and
equipment, storage space, mobile medical facilities, vehicles and other equipment necessary or desirable for the
transportation of medical equipment or the transportation of patients.
Zones that “hospitals” are allowed by Special Exception as a use:
•RR, Rural Residential
•R-1, Single Family Residential
•R-2, Two Family Residential
•R-3 Multi-Family Residential
•B-1, Local Business
•B-2, General Business
•B-3, Central Business
CASE OVERVIEW:
24-ZA-1: Definition
The Planning Commission requested that Staff review the definitions of medical uses in the town’s zoning ordinance. This
request occurred after the Council requested that the Commission review the property zoning on Lee Hwy and discovered
that there was no definition for medical offices. The Commission desired to ensure that no other uses within the town had
this, and it tasked staff with reviewing town definitions and uses.
Staff, upon reviewing the zoning ordinance, found that the hospital definition is so broad that it is uncertain what facility
or activities it is intended to define for the town. The Commission worked to redraft the language that defines hospitals
within the town and proposed the following as a new definition for the use of “Hospital or health center.” The intent was
to clarify allowable activities of this use and update certain aspects of the definition to relate to recent zoning
amendments and industry changes.
Hospital or Health Center— A facility licensed by the Commonwealth of Virginia primarily provides in-patient diagnosis,
treatment, psychiatric, and surgical care to two or more unrelated individuals. The following are acceptable accessory
uses: outpatient diagnostic and treatment centers, substance abuse disorder clinics, rehabilitation facilities, medical
offices, laboratories, teaching facilities, meeting areas, cafeterias, maintenance, heliport, EMS Vehicle storage, and
parking facilities.
24-ZA-2: Location
The Commission also explored the locations where hospitals were allowed within the town and given the need for
efficient access to hospitals and the ability to access main corridors. and the need for a bigger facility with increased
traffic. They also factored in that hospitals require easy access as time and access are critical to life-saving in the event of
an emergency. Commission believes that given the current trend of smaller community hospitals being shut down within
Southwest Virginia, Pulaski has an opportunity to serve as a “pit stop” for stabilizing patients. They believe that the town
must consider aerial medical transport as a critical consideration for determining locations and public welfare related to
hospitals in the future.
Through this discussion, the Commission concluded that most of the town’s residential areas were not ideal for locating
the hospital, particularly as many of our residential areas present access or space limitations that would impede the
variety of activities hospitals now engage in. They also considered increased noise, traffic, and pathogens proximity to
residential areas in the event of another major health event like the COVID-19 pandemic as creating undue risk of
transmission, and exposure for those living nearby.
The Planning Commission concluded that the best options for locating hospitals would be along arterial roads and
processing adequate available land. Specifically, R-1, B-1, and B-2 zones meet these criteria. The use would still be
approved through special exceptions to enable the town to consider and mitigate additional externalities presented by
specific hospital models or potential locations. These options also situate the town to better facilitate public health,
safety, and well-being and to accommodate additional hospital locations in town should the opportunity arise. This action
will also preserve Pulaski’s existing hospital on Lee Hwy as a conforming use, so expanding it, should the facility wish, will
still be feasible.
RECOMMENDATION 2024-ZA-001
TOWN OF PULASKI PLANNING COMMISSION
Pulaski Zoning Ordinances Amendment
WHEREAS, the Town of Pulaski Planning Commission has considered the text amendment to the Town
of Pulaski’s Zoning Ordinance to amend the definition of Hospital and Health Center(s) in section 11.2 of
the Town of Pulaski Zoning Ordinance to the following:
Hospital or Health Center— A facility licensed by the Commonwealth of Virginia that primarily
provides in-patient diagnosis, treatment, psychiatric, and surgical care to two or more unrelated
individuals. The following are acceptable accessory uses: outpatient diagnostic and treatment centers,
substance abuse disorder clinics, rehabilitation facilities, medical offices, laboratories, teaching
facilities, meeting areas, cafeterias, maintenance, heliport, EMS Vehicle storage, and parking
facilities.
LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council
approve this amendment to the Town of Pulaski Zoning Ordinances.
Dated this the 8th of April, 2024.
_____________________________________________
Kevin Meyer, Chair
Town of Pulaski Planning Commission
The above recommendation was adopted on the motion by Mr. AJ Schrantz, seconded by Ms. Rachel
Arthur at the meeting of the Planning Commission following a duly advertised public hearing on the
above request. Upon a roll call vote on the foregoing recommendation, the Planning Commission
members present have deliberated and, voting or abstaining, stood as indicated opposite their names as
follows:
Members Ayes Nays Abstains Absent
Rachel Nelson X
Dustin Davis X
Rachel Arthur X
Terry Hale X
AJ Schrantz X
Van Taylor X
Kevin Meyer X
___________________________________ _______________________________
Kevin Meyer, Chair Summer Bork, Secretary
RECOMMENDATION 2024-ZA-002
TOWN OF PULASKI PLANNING COMMISSION
Pulaski Zoning Ordinances Amendment
WHEREAS, the Town of Pulaski Planning Commission has considered the text amendment to the Town
of Pulaski’s Zoning Ordinance to delete the use, of Hospital and Health Center(s) from sections 4.1.2-
2, 4.2.2-2, 4.3.2-2, 4.4.2-2, 4.10.2-2 (RR, R-2, R-3, and B-3 Zones).
LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council
approve this amendment to the Town of Pulaski Zoning Ordinances.
Dated this the 8th of April, 2024.
_____________________________________________
Kevin Meyer, Chair
Town of Pulaski Planning Commission
The above recommendation was adopted on the motion by Mr. AJ Schrantz, seconded by Ms. Rachel
Arthur at the meeting of the Planning Commission following a duly advertised public hearing on the
above request. Upon a roll call vote on the foregoing recommendation, the Planning Commission
members present have deliberated and, voting or abstaining, stood as indicated opposite their names as
follows:
Members Ayes Nays Abstains Absent
Rachel Nelson X
Dustin Davis X
Rachel Arthur X
Terry Hale X
AJ Schrantz X
Van Taylor X
Kevin Meyer X
___________________________________ _______________________________
Kevin Meyer, Chair Summer Bork, Secretary
STAFF REPORT
DEPARTMENT CONTACT:
Summer Bork, Town Planner 42 First Street, N.W./P.O. Box 660, Pulaski, VA 24301
(540) 994-8624
CASE NUMBER:
24-^ -002
APPLICANT/PROPERTYOWNER:
Gavin Davis
PUBLIC HEARING DATE:
Monday, July, 8 2024
PROPERTYADDRESS/LOCATION:
929 Newbern Rd.
SPECIFIC ACTION:
x Special Exception
SIZE OF PROPERTY:
0.9 Acres
EXISTING ZONING:
B-1
EXISTING LAND USE:
Commercial
RELATED ORDINANCE:
4.8.2-2(q) Any legitimate retail use or services not prohibited in this zone but not
falling within the permitted uses and which by preponderance of evidence is shown
to further the interest of the Town of Pulaski. Significant consideration shall be given
to the health, comfort, well-being and quality of life of the citizens and must be found
consistent with the Comprehensive Plan.
DISCLOSURE:
The applications shall be evaluated on compatibility with the Comprehensive Plan and to official
Town policies, including the purposes and development requirements of the Zoning Ordinance. The
Planning Commission is to make a recommendation to Town Council upon review of the submitted
application materials. If found that rezoning is consistent with the intent of this Ordinance and the
Comprehensive Plan, they are in the public interest, and will comply with all other provisions of law
and ordinances of the Town of Pulaski. The Planning Commission may recommend any conditions
necessary to ensure that the proposal meets the criteria established by the Zoning Ordinance.
CASE OVERVIEW:
929 Newbern Rd., formerly a beauty salon, is being leased to a tenant who wants to convert it to event space. The
property is currently zoned B-1 and there other limited commercial property nearby. The town’s future land use map
currently designates this area as commercial. However, most of the property in this area is being used as single-family
residential.
The Planning Commission during their discussion of the matter, considered a number of avenues to protect
surrounding property owners while still allowing the use. Several items of concern for this location was user safety,
traffic increases, disruption of other property owners, the potential of creating buffers from nearby neighbors, and
whether to curtail alcohol on the premise.
During this discussion Staff advised Commissioner's that while certain concerns such as user safety and alcohol
limitation is noble. It is ultimately a liability issues or governed under state licensing.
Additionally, the commissioners determined as this road is an alternative route through town with a house of worship
nearby. Influx of traffic similar to what would be expected from this venue is already a feature of the neighborhood.
Allowing this business into the vicinity would not present new traffic patterns into the neighborhood.
They agreed upon the following conditions with the intent of limiting likely nuisance to nearby resident:
•Hours of Operation must be limited from 9:00 AM to 8:30 PM
•Amplification of sound is not permitted outside the structure.
•Strobing and Flashing lights are not permitted outside the structure
RECOMMENDATION PZO-2024-SE-1
TOWN OF PULASKI PLANNING COMMISSION
Special Exception
WHEREAS, the Town of Pulaski Planning Commission has considered the special exception application
for 929 Newbern Rd. [072-076-000-074A] for developing a “legitimate retail used or services not
prohibited in this zone but not falling within the permitted uses and which by a preponderance of
evidence is shown to further the interest of the Town of Pulaski” within a B-1 zone, namely an event
center/party venue. Following a duly advertised public hearing, the Pulaski Planning Commission found
that the public necessity, convenience, general welfare, and good zoning practices permit the special
exception with the following conditions:
• Hours of Operation must be limited from 9:00 AM to 8:30 PM
• Amplification of sound is not permitted outside the structure.
• Strobing and Flashing lights are not permitted outside the structure.
LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council
approve this special exception.
Dated this the 8th of July, 2024.
_____________________________________________
Kevin Meyer, Chair
Town of Pulaski Planning Commission
The above recommendation was adopted on the motion by Mr. Van Taylor, seconded by Mr. Dustin
Davis at the meeting of the Planning Commission following a duly advertised public hearing on the
above request on July 8, 2024. Upon a roll call vote on the foregoing recommendation, the Planning
Commission members present have deliberated and, voting or abstaining, stood as indicated opposite
their names as follows:
Members Ayes Nays Abstains Absent
Dustin Davis X
Rachel Arthur X
Terry Hale X
AJ Schrantz X
Van Taylor X
Kevin Meyer X
___________________________________ _______________________________
Kevin Meyer, Chair Summer Bork, Secretary
ds
Area Zoning Map
Area Parcel Map
Pictures of Surrounding Area
Figure 1 &2: 929 Newbern Rd
Figure 3&4 Surrounding Neighborhood
Town Council Meeting Minutes Tuesday, July 2, 2024
1. The Mayor called the meeting to order at 6:30 p.m. and asked for a roll call. Gregory C. East- Aye James A. Radcliffe- Aye Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Absent
Brooks R. Dawson- Aye Michael P. Reis- Aye
2. The Mayor asked for a motion to go into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 3 (1 item)- Real Property Acquisition/Disposition
i. Senior Center
The motion was made by Mr. Clark and seconded by Mr. Reis. Gregory C. East- Aye James A. Radcliffe- Aye
Jeremy L. Clark- Aye G. Tyler Clontz- Absent
Brooks R. Dawson- Aye Michael P. Reis- Aye Mayor Collins- Aye The following councilmembers and staff entered into Closed Session: Councilman East,
Councilman Clark, Councilman Dawson, Councilman Radcliffe, Councilman Reis,
Mayor Collins, Town Manager, Mr. Day, Town Attorney, Mr. Farthing, and Clerk of Council, Ms. Hale. Open Session 7:00 p.m.
3. Certification of Closed Session- The Mayor asked for a motion to certify that only the following items were discussed in Closed Session: a. VA Code 2.2-3711 (A) 3 (1 item)- Real Property Acquisition/Disposition
i. Senior Center
The motion was made by Councilman Clark and seconded by Councilman Dawson. Gregory C. East- Aye James A. Radcliffe- Aye
Jeremy L. Clark- Aye G. Tyler Clontz- Absent
Brooks R. Dawson- Aye Michael P. Reis- Aye Mayor Collins- Aye 4. Councilman Clark lead the audience in the Pledge of Allegiance.
5. Councilman East gave the invocation. 6. The Mayor welcomed all in attendance and viewing online.
7. Modification to Public Session- No modifications were made.
8. Public Hearing
a. Verizon Cell Tower at 3610 Robinson Tract Rd Mr. Farthing, Town Attorney reported that the Town owns a small portion of land on Robinson Tract Road and Verizon would like to lease the land to install a cell
tower. He stated Verizon has gone through the rezoning or special use permit
process through Pulaski County since the land is located in the county. Councilman Reis asked what the term of the lease was.
Mr. Farthing stated the term is for five years and then renewable for four
additional terms but contractual terms are still being worked out. The Mayor opened and closed the Public Hearing as there were no speakers.
It was agreed that once the contract has been finalized, that it come back to
Council for approval. 9. Resolution 2024- 32 Appointing Nathan Smythers as Acting Building Official
Manager Day reported the current Building Official is out on medical leave and the Town
needs to notify DCHD who is in that position. He stated Mr. Smythers is a Project Manager in the Engineering Department and will be training with a retired Building Official during this time to meet DHCD requirements.
The motion was made by Councilman East and seconded by Councilman Clark to adopt
the Resolution. Gregory C. East- Aye James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Absent
Brooks R. Dawson- Aye Michael P. Reis- Aye
Mayor Collins- Aye 10. Public Hearing
a. Joel Burchett of Northwood Terrace announced his candidacy for Town Council
for the upcoming election in November. He stated he met with numerous residents while he was getting his petition signed and asked them what their concerns of the town were. He said most residents had the same concerns of cleaning up the town, including the appearance, dilapidated buildings, and the
illegal activities, including the transient population.
11. Consent Agenda a. Consideration of June 18, 2024 Town Council Meeting Minutes
The motion was made by Councilman Dawson and seconded by Councilman
Clark to approve the minutes.
Gregory C. East- Abstained James A. Radcliffe- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Absent Brooks R. Dawson- Aye Michael P. Reis- Aye
Mayor Collins- Aye
12. New Business- There was no new business to be discussed. 13. Council Comments
Councilman Dawson asked that the Council receive minutes and agenda items for additional boards and committees that the Town has. Councilman Radcliffe stated the splash pad has been a real asset to the Town and he
enjoyed seeing it being used. He also addressed some issues that Mr. Burchett spoke
about specifically being the time it takes, legally to address the dilapidated structures. Councilman Reis reported there is a possibility of a new rail station being built in Christiansburg before 2028. He also addressed some issues Mr. Burchett spoke about
specifically being the code enforcement and the legal process of what local government
can and cannot do regarding private property. Councilman Reis also suggested a presentation from New River Community Action for their work regarding the transient and homeless population along with a presentation from the New River Health District for their work on public health.
Mayor Collins stated he had some residents contact him with their concerns of the Convenience Center being closed on Saturday July 6th with it being a holiday weekend. 14. Manager’s Report
Manager Day reminded listeners that Town Offices would be closed Thursday, July 4th and Friday, July 5th and that he’ll speak with the Public Works Department about the Convenience Center closure on Saturday, July 6th. He also announced that he would be scheduling work sessions with Council to address the water distribution system. Manager
Day reported he has been working with Chief Shumate and the Police Department to
address some of the homeless issues and a committee would be formed to continue work on how to address that issue and his plans to make the appearance of the Town more appealing.
15. Reminder of future Council Meeting
a. July 16, 2024 Closed Session 5:30 p.m.; Open Session 7:00 p.m. 16. With no further business, the Mayor adjourned the meeting at 7:38 p.m.
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