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HomeMy WebLinkAbout08-06-24 Town Council PacketAgenda Town Council Meeting Tuesday, August 6, 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 2024-ZA-03 Amendments to the Town of Pulaski Zoning Ordinances as it relates to Manufactured and Modular Housing (Summer Bork) (Vote to move to Public Hearing on August 20th) 4. Case Number 2024-ZA-04 Removing Medical Office from Sections 4.7.2-1, 4.6.2-2, 4.5.2- 1 RO and PUD permitted, and RMH-1 Special Exception. Add Medical Office as use for sections 4.7.2-2, 4.9.2-1, 4.10.2-2 (B-2 permitted, RO and B-3 Special Exception) (Summer Bork) (Vote to move to Public Hearing on August 20th) 5. Adjournment (Mayor Collins) 7:00 p.m. Public Session Council Chambers 1. Meeting Called to Order (Mayor Collins) 2. Pledge of Allegiance (Councilman Radcliffe) 3. Invocation (Councilman East) 4. Guests and Visitors (Mayor Collins) 5. Modification to Public Session (Mayor Collins) 6. Public Hearing a. 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 (Mayor Collins reads Public Hearing Notice). i. Ordinance 2024-08 Amendment of Section 11.2 Definition of Hospital or Health Center (Voting) ii. Ordinance 2024-09 Removal of Hospital or Health Center from Sections 4.1.2-2, 4.2.2-2, 4.3.2-2, 4.4.2-2, 4.10.2-2 (Voting) b. Case Number 24-SE-002 Special Exception for 929 Newbern Road (Mayor Collins reads Public Hearing Notice). i. Ordinance 2024-10 Special Exception for Allowing an Event Center per 4.8.2-2 (q) in a B-1 Zone (Voting) c. Resolution 2024-33 Re-Appropriation, Carry Forward for FY 2024-2025 Budget (Jackie Morris) (Voting) 7. Resolution 2024-34 Appropriating Town of Pulaski Police Department Grant Funds (Sonia Ramsey) (Voting) Reasonable accommodation will be provided for persons with disabilities, if requested. 8. Resolution 2024-35 Appropriating Town of Pulaski Fire Department Grant Funds (Chief Conner) (Voting) 9. Resolution 2024-36 Appropriating Virginia Outdoors Foundation Grant Funds (Nate Repass) (Voting) 10. Resolution 2024-37 Appointing the Town Manager or Appointed Designee as the Subdivision Agent for the Town of Pulaski, VA (Manager Day) (Voting) 11. 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.) 12. Consent Agenda (Voting) a. Consideration of July 16, 2024 Town Council Meeting Minutes 13. Council Comments 14. Manager’s Report (Manager Day) a. Introduction of Shannon Ainsley, Economic Developer b. Rhythm and Ribs: Saturday, July 10th from 3-9pm in Jackson Park c. Chrome in the Valley Cruise-In: Saturday, July 17th from 11am-4pm in Jackson Park 15. Reminder of Future Council Meeting (Mayor Collins) a. August 20, 2024 Closed Session 6:00 p.m., Open Session 7:00 pm Closed Session Council Chambers 1. VA Code 2.2-3711 (A) 1 (2 items)- Personnel Matters a. Town Manager b. Appointments to Boards Open Session Council Chambers 1. Certification of Closed Session (Mayor Collins) 2. Adjournment (Mayor Collins) 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: 2024-ZA-03 APPLICANT/PROPERTYOWNER: Commission- Initiated PUBLIC HEARING DATE: Monday, July 8, 2024 PROPERTYADDRESS/LOCATION: NA SPECIFIC ACTION: 1. Remove the Definition of Mobile/Manufactured Housing from Section 11.2. 2. Added the following definitions to Section 11.2 for “Dwelling, Manufactured” and “Residential Industrialized Building.” 3. Add “Manufactured Dwellings” to sections 4.3.2-2 and 4.4.2-1. 4. Add use provisions to sections 4.3.2-2 and 4.4.2-1. 5. Adding general provision to Article 3. 6. Edit wording of single-family, two-family, and multi-family dwelling definitions in section 11.2. 7. Edit use from Modular/manufactured housing to Manufactured Dwelling where applicable. SIZE OF PROPERTY: NA EXISTING ZONING: NA EXISTING LAND USE: Residential RELATED ORDINANCE: VA USBC 2021 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: Given the known need within the town of Pulaski and the surrounding area for quality affordable housing stock, housing construction costs are currently high, making traditionally built housing stock unattainable for many of the town’s citizens. Manufactured and Modular housing is a way of addressing affordable housing availability within town. The town’s zoning ordinance prohibits manufactured housing, except within mobile home communities. This prohibition is unduly limiting building options for homeowners. The suggested amendments outlined in the attached document, Commission recommends as a workable solution to enable manufactured and modular housing within the town as building options while still protecting citizens’ rights, property, and the public interest. After considering Council's comment regarding making manufactured housing as a special exception within R-3 Multi- family residential as well as R-2, two family residential zones. The Commission concluded that given that many R-3 lots are small in size and tend to be our more economical neighborhoods. It is believed that these will be prime locations for first time home-buyers. If the town is truly encouraging affordable housing stock and diverse housing options, they believe that adding an administrative fee of $650. 00, make it just that much harder for someone on a budget to afford a house. They hold that making manufactured dwellings a special exception in R-3 zones is contrary to the goals of this amendment. Town Planner/Zoning Administrator Memorandum- 7/10/2024 1 From: Summer Bork Subject: Modular and Manufactured Housing The following revisions have been identified to update the town’s Mobile and Modular Housing language within the Pulaski Zoning Ordinance. The town’s attorney (Spenser Rygas) reviewed these changes, and his comments were considered and addressed. Commission has recommended that Council consider and adopt the following. 1. Remove the Definition of Mobile/Manufactured Housing from Section 11.2. 2. Added the following definitions to Section 11.2: Dwelling, Manufactured—A home built on a chassis, subject to federal certification and current VA- USBC where applicable, and has documentation that applicable safety standards are met. Such dwellings shall be assembled according to manufacturer specifications. Residential Industrialized Building—Dwellings (single-family, duplex, or multi-family) constructed in one or more closed panels, sections, or modules subject to state regulations and include all necessary components and systems needed to make up a safe structure under the Virginia Construction Code and Virginia Maintenance Code. 3. Add Manufactured Dwellings as a use to sections 4.3.2-2 and 4.4.2-1. 4. Add following text to sections 4.3.2-2 and 4.4.2-1. Manufactured Dwelling. 1. All manufactured dwellings established in Pulaski must be set on a permanent foundation if erected after [date of enabling ordinance], and must be maintained in compliance with the Virginia Uniform Building Code and Virginia Maintenance Code. 2. One principle structure per a lot of records. 3. Buildings must meet the minimum setbacks of a district’s principal structures. a. Minimum Square footage: 950 Sq. Ft. 4. All manufactured dwellings must be recorded as real estate with the Pulaski County Tax Assessor’s Office. Proof of property recording must be submitted to the town’s Building Official 30 days after the issuance of the certificate of occupancy. 5. Add the following general provision to Article 3. 3.11 Building Methods for Structures Industrialized Buildings shall be considered by the town as an acceptable method of construction, providing the owner submits to the Town of Pulaski Building Official a copy of DHCD certification for the structure before obtaining a Certificate of Occupancy. Town Planner/Zoning Administrator Memorandum- 7/10/2024 2 6. Edit wording for the following definitions in section 11.2 Dwelling, Single-Family—A building designed for, or occupied exclusively by, one (1) family, provided however, that this definition shall not be deemed to include mobile homes or manufactured homes as defined in this ordinance. Family shall include Family Day Homes as provided in 15.2-2292, Code of Virginia 1950 as Amended and Group Home of 8 or Fewer as provided in 15.2-2291, Code of Virginia as Amended. Dwelling, two-family (Duplex)—A building designed for, or occupied exclusively by, two (2) families living independently of each other. provided however, that this definition shall not be deemed to include mobile home or manufactured homes as defined in this ordinance. Dwelling, Multi-Family—A building designed for, or occupied exclusively by, three (3) or more families living independently of each other; the term includes condominiums of similar physical appearance, character, and structure. provided, however, that this definition shall not be deemed to include mobile home or manufactured homes as defined in this ordinance. 7. Edit “Mobile/Manufactured Housing” to “Manufactured Dwelling” where it appears within the zoning ordinance. RECOMMENDATION PZO-24-ZA-3 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, relating to Manufactured and Modular housing and are set-forth within the attached document. LET IT BE that the Town of Pulaski Planning Commission recommends that the Pulaski Town Council approve the amendment to the Town of Pulaski Zoning Ordinances as it relates to manufactured and modular housing. Dated this the 8th of July, 2023. _____________________________________________ Kevin Meyer, Chair Town of Pulaski Planning Commission The above recommendation was adopted on the motion by Mr. Taylor and seconded by Ms. Rachel Arthur 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 iswhich is 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: 2024-ZA-04 APPLICANT/PROPERTYOWNER: Commission- Initiated PUBLIC HEARING DATE: Monday, July 8, 2024 PROPERTYADDRESS/LOCATION: NA SPECIFIC ACTION: x Removing Medical Office from sections 4.7.2-1, 4.6.2-2, 4.5.2-1 (RO and PUD permitted, and RMH-1 special exception). x Add medical office as a use for sections 4.7.2-2, 4.9.2-1, 4.10.2-2 (B-2 permitted, RO and B-3 Special Exception) SIZE OF PROPERTY: NA EXISTING ZONING: NA EXISTING LAND USE: Commercial RELATED ORDINANCE: Medical Office(s):An establishment in which doctors, dentists, or other practitioners licensed by the Commonwealth of Virginia provide healthcare services to clients, including medical or health-related physical or massage therapy, exclusively on an outpatient basis, and may offer minor surgical care, but do not provide, substance abuse disorder clinics, overnight care, or serve as a base for an ambulance service. 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: For good zoning practice, the Planning Commission, after recommending the town’s definition of “medical office,” has considered where it would be best to locate offices within the town. They have found that it is in the public's best interest to locate medical offices by right in B-1 and B-2 zones and via special exception in RO and B-3 zones. This proposed action will remove Medical Offices from Planned Development Units and the Residential Mobile/Manufactured Residential District and add or allow Medical Office use to the limited and general business districts by right (B-1 and B-2) and the Residential/ Office District and central business district by Special Exception ( OR and B-3). After considering the various forms of use, access to parking, general nuisance concerns, and available building stock in town, the proposed changes should protect the public interest while providing needed services to support public health and safety. The location of this use will also expand location potential within the town’s commercial districts. Staff believes the planning commission is correct that making these changes will more readily allow residents access to needed services, address one of many concerns when addressing quality of life for aging populations, and enable a variety of economic opportunities within the town’s commercial areas. These changes align with the Town’s Comprehensive Plan Goal to “Enhance and Maintain a healthy community that provides social benefit” (Public Health and Safety, p. 64). RECOMMENDATION PZO-24-ZA-004 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, which adds the use of a Medical Office to sections 4.9.2-1, 4.10.2-1, and 4.7.2-2, and deletes Medical Office from sections 4.5.2-1, 4.5.2-2, and 4.7.2-1. 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 July, 2023. _____________________________________________ Kevin Meyer, Chair Town of Pulaski Planning Commission The above recommendation was adopted on the motion by Ms. Rachel Arthur, seconded by Mr. Terry Hale 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 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 Ordinance 2024-08 Amendment of Section 11.2 Definition of Hospital or Health Center WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite of a public hearing, that it is in the best interest of the community and consistent with the public necessity, conveniences, general welfare, and good zoning practices, to amend section 11.2 definition of Hospital or Health Center 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 services, rehabilitation facilities, medical offices, laboratories, teaching facilities, meeting areas, cafeterias, maintenance, heliport, EMS Vehicle storage, and parking facilities. THEREFORE, BE IT ORDAINED by the Town Council of Pulaski, Virginia, sitting in regular session this the 6th day of August 2024, amends section 11.2 of Pulaski Zoning Ordinances. This ordinance shall be effective immediately upon adoption on this 6th day of August 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN of PULASKI, VIRGINIA _____________________________ W. Shannon Collins Mayor ATTEST ____________________________ Olivia C. Hale Clerk of Council Ordinance 2024-09 Removal of Hospital or Health Center from Sections 4.1.2-2, 4.2.2-2, 4.3.2-2, 4.4.2-2, 4.10.2-2 WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite of a public hearing, that it is in the best interest of the community and consistent with the public necessity, conveniences, general welfare, and good zoning practices, to remove the use of Hospital and Health Center 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). THEREFORE, BE IT ORDAINED that the Town Council of Pulaski, Virginia, sitting in regular session this the 6th day of August 2024, remove the use of Hospital and Health Center from sections 4.1.2-2, 4.2.2-2, 4.3.2-2, 4.4.2-2, 4.10.2-2. This ordinance shall be effective immediately upon adoption on this 6th day of August 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN of PULASKI, VIRGNIIA ______________________________ W. Shannon Collins Mayor ATTEST _______________________________ Olivia C. Hale Clerk of Council 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 Ordinance 2024-10 Special Exception for Allowing an Event Center per 4.8.2-2(q) in a B-1 zone. WHEREAS, the Town Council of the Town of Pulaski, Virginia, has considered the best interest of its citizens and determined, after a review of the Planning Commission’s recommendation and the requisite, that it is in the best interest of the community and consistent with the public necessity, convenience, general welfare, and good zoning practices, to approve a special exception request for 929 Newbern Rd [072-076-000-074A] 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 THEREFORE, BE IT ORDAINED, by the Town Council of the Town of Pulaski, Virginia, sitting in regular session this 6th day of August 2024, that the property located at 929 Newbern Rd [072-076-000-074A] as shown in the attached materials, affixed hereto and made part of this ordinance is hereby approved for a Special Exception for Gavin Davis. The ordinance shall be effective immediately upon adoption on this 6th day of August 2024 by the duly recorded roll call vote of the Town Council of the Town of Pulaski, Virginia, as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN of PULASKI, VIRGINIA ___________________________________ W. Shannon Collins Mayor ATTEST __________________________________ Olivia C. Hale Clerk of Council Area Parcel Map Resolution 2024-33 Resolution for Re-Appropriation, Carry Forward for FY 2024-2025 Budget WHEREAS, staff has identified additional funds available for certain expenses and, WHEREAS, the appropriation was published for informative purposes, as well as to give notice of a public hearing subsequently held August 6, 2024, NOW, THEREFORE it be RESOLVED, by the Town Council of the Town of Pulaski, Virginia siting in regular session this 6th day of August 2024, that the following appropriations are approved as follows: RE-APPRORIATONS OF GRANT ACCOUNTS Effective July 1, 2024 Balance to be carried as of July 1, 2024 EPA BROWNSFIELD GRANT – CONSULTANTS $41,098.46 PEDESTRIAN IMPROVEMENT – MAIN ST NORTH $344,861.75 PEDESTRIAN IMPROVEMENT – MAIN ST SOUTH $288,758.65 DHCD & ARC CALFEE ADAPTIVE REUSE PROJECT $127,397.67 IRF GRANT – BREWERY $557,703.71 VDH LEAD SERVICE LINE REPLACEMENT $691,570.00 VDH WATER TREATMENT BACKWASH SYSTEM $1,745,000.00 MUMS GRANTS – 69 WEST MAIN ST PROJECT $64,790.50 ARPA CATEGORY #1 $866,920.64 ARPA CATEGORY #4 $111,745.87 VRA BROOKMONT WATER PROJECT $661,932.38 DIRECT INJECTION $75,896.55 COMMERCE STREET BRIDGE PROJECT $1,949,142.90 TOTAL AMOUNT $7,526,819.08 CARRY FORWARD OF CHECKING ACCOUNTS CEMETERY ACCOUNT $20,428.83 UDAG ACCOUNT $43,609.34 CDBG KERSEY HOUSING $98,963.16 RBEG ACCOUNT $56,923.81 POLICE CHECKING ACCOUNTS $79,432.13 EDA ACCOUNT $12,500.00 TOTAL AMOUNT $311,857.27 CARRY FORWARDS FIRE INSURANCE PROGRAM $20,598.67 TOTAL AMOUNT $7,859,275.02 This resolution is effective upon adoption and is hereby adopted this 6th day of August 2024 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN OF PULASKI, VIRGINIA ______________________________ W. Shannon Collins Mayor ATTEST: _____________________________ Olivia C. Hale Clerk of Council Resolution 2024-34 Resolution Appropriating Town of Pulaski Police Department Grant Funds WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it necessary to appropriate grant funds from the Virginia Department of Criminal Justice Services grant for the Police Department; NOW THEREFORE it be RESOLVED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 6th day of August 2024, that the funds shall be appropriated as follows: Revenue Expenditure Virginia Department of Criminal Justice Services Grant $10,732.00 Operation Cease Fire $10,732.00 This Resolution is effective upon adoption and is hereby adopted this 6th day of August 2024 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN OF PULASKI, VIRGINIA ________________________ W. Shannon Collins Mayor ATTEST: _________________________ Olivia C. Hale Clerk of Council Resolution 2024-35 Resolution Appropriating Town of Pulaski Fire Department Grant Funds WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it necessary to appropriate grant funds from the Virginia Department of Fire Programs for the Town of Pulaski Fire Department; NOW THEREFORE it be RESOLVED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 6th day of August 2024, that the funds shall be appropriated as follows: Revenue Expenditure Virginia Department of Fire Programs $28,588.00 Repair of the burn building prop $28,588.00 This Resolution is effective upon adoption and is hereby adopted this 6th day of August 2024 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN OF PULASKI, VIRGINIA ________________________ W. Shannon Collins Mayor ATTEST: _________________________ Olivia C. Hale Clerk of Council Resolution 2024-36 Resolution Appropriating Virginia Outdoors Foundation Grant Funds WHEREAS, the Town Council of the Town of Pulaski, Virginia has deemed it necessary to appropriate grant funds from the Virginia Outdoors Foundation grant for Outdoor Facilities Department NOW THEREFORE it be RESOLVED by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 6th day of August 2024, that the funds shall be appropriated as follows: Revenue Expenditure Virginia Outdoors Foundation $90,500.00 Draper Mountain Trails $90,500.00 This Resolution is effective upon adoption and is hereby adopted this 6th day of August 2024 by the duly recorded vote of the Town Council of the Town of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- TOWN OF PULASKI, VIRGINIA ________________________ W. Shannon Collins Mayor ATTEST: _________________________ Olivia C. Hale Clerk of Council RESOLUTION 2024-37 Resolution Appointing the Town Manager or Appointed Designee as the Subdivision Agent for the Town of Pulaski, Virginia WHEREAS, the town code indicates that the Subdivision Agent is the Town Engineer, and WHEREAS, this position remains vacant indefinitely, NOW, THEREFORE be it RESOLVED, by the Town Council of the Town of Pulaski, Virginia sitting in regular session this 6th day of August 2024 that the Town Manager or appointed designee is hereby designated the Subdivision Agent for the town. This resolution is effective upon adoption and is hereby adopted on this 6th day of August 2024 by the recorded vote of the Town Council of Pulaski, Virginia as follows: Gregory C. East- James A. Radcliffe- Jeremy L. Clark- G. Tyler Clontz- Brooks R. Dawson- Michael P. Reis- THE TOWN OF PULASKI, VIRGINIA ________________________________ W. Shannon Collins Mayor Attest _______________________________ Olivia C. Hale Clerk of Council Town Council Meeting Minutes Tuesday, July 16, 2024 1. The Mayor called the meeting to order at 6:15 p.m. and asked for a roll call. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent 2. 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. The motion was made by Councilman East and seconded by Councilman Clark to un-table Case Number 24-ZA-1 and 24-ZA-2. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent Summer Bork, Planning Administrator, reported the amendment to the hospital definition in the zoning ordinance to simplify the language and also add ‘substance abuse disorder’ into a place for zoning. The addition to the definition would be an acceptable accessory use for hospitals and would give the Town some legal cover. The changes to the zoning would allow the Town to evaluate where additional services could be located within the amendments to the zoning regulations. She stated there are seven allowable areas where a ‘hospital’ could locate except for industrial zones and changing the zoning would lower that to three because of road arterial, road access, and keeping infectious diseases, such as a major health crisis like COVID-19, out of residential areas. The motion was made by Councilman Clontz and seconded by Councilman Clark to move Case Number 24-ZA-1 and 24-ZA-2 to a Public Hearing on August 6th. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent 3. Case Number 24-SE-002 Special Exception for 929 Newbern Road Ms. Bork reported the Planning Commission received an application for a Special Exception for 929 Newbern Road for a rentable event space in a small area of B1, which is limited business zoning, surrounded by a high-density residential area. The Planning Commission recommended approval with conditions, such as the hours of operation being limited from 9 a.m. to 8:30 p.m., no amplification of sound outside the structure, and no strobe like, flashing lights outside. The motion was made by Councilman Clark and seconded by Councilman Clontz to move Case Number 24-SE-002 to a Public Hearing on August 6th. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent 4. With no further business, the Mayor adjourned the Work Session at 6:30 p.m. Open Session 1. The Mayor called the meeting to order at 7:00 p.m. 2. The Mayor asked for a moment of silence in the memory of Scott Aust, Engineering Manager for the Town who passed away Tuesday morning. 3. Councilman Clark lead the audience in the Pledge of Allegiance. 4. Councilman East gave the invocation. 5. The Mayor welcomed all in attendance and viewing online. 6. Modification to Public Session- No modifications were made. 7. Public Comment Period a. Hazel Wines of Cardinal Drive in Dublin addressed Council with her concerns with the unhoused community, specifically the clearing of an encampment. Ms. Wines asked Council to find a way to put a minimum of a six-month moratorium on clearing encampments to give the Town time to get a committee together to come up with better solutions. She stated in the leu of that six-month time, she would like to see trash services and other sanitary means for the communities to be clean and safe. b. Eden Bowman of Cardinal Drive in Pulaski read an excerpt from the New York University website titled 12 Biggest Myths about Homelessness in America. After reading the article, Ms. Bowman asked Council to think about the information that she provided and how the Town could help these individuals, that are in our community, and have an easier time getting out of this struggle. c. Ashley Bowman, of Cardinal Drive in Pulaski, is a founding member of the Pulaski County Free Store, she also asked Council for a six-month moratorium on clearing encampments, allowing trash services and help individuals get out of the homeless situation. Councilman East thanked the public speakers and asked about the private rights of the property owners where these encampments are located. Ms. Wines returned to the podium to address Councilman East’s question. She stated she understands private property rights but also reminded Council of their decision to not allow homeless people to sleep in their vehicles within Town, and while it’s not ideal, public property could be used for these individuals to use. Councilman East spoke about a personal situation that happened in Town with him, a resident, and a homeless individual and stated as a community, the Town has an obligation to protect our community, while there are a lot of resources in Pulaski, people have to choose to accept those resources. He stated if people choose not accept those resources, the Town has an obligation to the citizens of the community to maintain a healthy residence and we can’t ignore the rights of private citizens. Councilman East then asked Ms. Wines what about the children exploring the woods and they encounter needles and unsafe conditions in the encampments. Ms. Wines stated that’s what she and others are asking for, trash services, safe sharps boxes, and to work with Council on systemic change and a place where children stay, graduate high school, and raise their grandchildren. Councilman East thanked Ms. Wines for the conversation and stated he appreciated everyone’s input. 8. Consent Agenda a. Consideration of July 2, 2024 Town Council minutes. The motion was made by Councilman Clark and seconded by Councilman East to approve the minutes as written. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent 9. Council Comments- No Comments were made. 10. Manager’s Report Manager Day reminded Council and listeners of the Chrome in the Valley Cruise-In on Saturday, July 20th from 11 a.m. to 4 p.m. in Jackson Park. He also reported a grant that has been rewarded to the Town from the Congressional Directed Spending of $500,000 for the remodel of the Fire Department. 11. Reminder of Future Council Meetings a. August 6, 2024 Work Session 6:00 p.m., Open Session 7:00 p.m., Closed Session following Open Session. 7:23 p.m. 12. The Mayor asked for a motion to enter into Closed Session to discuss the following items: a. VA Code 2.2-3711 (A) 29 (1 item)- Award of a Public Contract Involving the Expenditure of Public Funds i. Great Wilderness Brewery The motion was made by Councilman Clark and seconded by Councilman East. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent The following councilmembers and staff entered into Closed Session: Councilman East, Councilman Clark, Councilman Clontz, Mayor Collins, Todd Day, Town Manager, and Olivia Hale, Clerk of Council. 7:49 p.m. Open Session 1. 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) 29 (1 item)- Award of a Public Contract Involving the Expenditure of Public Funds i. Great Wilderness Brewery The motion was made by Councilman Clark and seconded by Councilman Clontz. Gregory C. East- Aye James A. Radcliffe- Absent Mayor Collins- Aye Jeremy L. Clark- Aye G. Tyler Clontz- Aye Brooks R. Dawson- Absent Michael P. Reis- Absent 2. With no further business, the Mayor adjourned the meeting at 7:49 p.m. Financial Information General Info August 2024 Town of Pulaski Event Calendar Sunday Monday Tuesday Wednesday Thursday Friday Saturday 1 2 3 4 5 6 7 8 9 10 EDA Meeting Council Chambers 10am Marketplace Train Station 4-7pm National Night Out Jackson Park 4-7pm Town Council Meeting Council Chambers Work Session 6pm Open Session 7pm Rhythm by the Rails Jackson Park 3-9pm 11 12 13 14 15 16 17 Planning Commission Meeting Council Chambers- 6pm Marketplace Tran Station 4-7pm Water Cut Off Chrome in the Valley Cruise-In Jackson Park 11am-4pm 18 19 20 21 22 23 24 Marketplace Train Station 4-7pm Town Council Meeting Council Chambers 7pm 25 26 27 28 29 30 31 Marketplace Train Station 4-7pm __________________________________GFL Bulk Pickup_________________________________