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HomeMy WebLinkAbout07/08/24 Planning Commission Minutes/ MINUTES Town of Pulaski Planning Commission Municipal Building Council Chambers July 8, 2024 Commissioners Present: Kevin Meyer, Terry Hale, Van Taylor, Dustin Davis, Rachel Arthur Commissioners Absent: AJ Schrantz Staff Present: Summer Bork and Scot Farthing (town attorney) Call to Order Mr. Meyer called the meeting to order at 6:01 PM. The roll was called, and a quorum was determined with all, but one member present. Review of Minutes May 13, 2024, minutes were adopted as written, with a motion from Mr. Hale and a second from Mr. Taylor. The vote is recorded as follows: Aye: Mr. Meyer, Mr. Hale, and Mr. Taylor Abstain: Mr. Davis and Ms. Arthur Absent: Mr. Schrantz April 8, 2024, minutes were approved with a motion from Mr. Taylor, seconded by Mr. Hale. The motion was approved with the voting as follows: Ayes: Ms. Arthur, Mr. Meyer, Mr. Hale, Mr. Taylor Abstain: Mr. Davis Absent: Mr. Schrantz Public Hearings PZO-24-SE-2: A Special Exception for 929 Newbern Rd. [072-076-000-074A] for allowing an event center in a B-1 zone. Mr. Meyer requested a staff report. Ms. Bork explained that the property in question is a B-1, Limited Business District. This district is indicated as a business district in the future land use map. However, the existing character of the neighborhood is presently residential. Because of this dichotomy, she believed that it was within the public interest to consider that the town intended to enable business within this location but to be sympathetic to the possible externalities of the business and protect the residential neighbors in the area. Mr. Davis answered the Planning Commission’s question regarding the surrounding neighborhood and the expected activities on the property. He clarified how the building was situated on the lot, the expected improvement of the property, and its proximity to neighboring properties. Mr. Hale disclosed that he lived near the special exception in question. Mr. Meyer opened the public hearing. No members of the public were present, so he closed the public hearing. The primary concern presented in this application is the intent of the event business to host indoor/outdoor events on the property. Much discussion revolved around whether the town had the duty to stipulate an enclosure or limit activities to a particular part of the outdoors. Mr. Farthing reminded commissioners that while their concern for users' safety was noble. It was ultimately a civil matter and the business owner's responsibility to ensure users' safety on the property. The discussion turned to appropriate conditions to evaluate and address the noise, light, and traffic increases caused by the business's presence in the neighborhood. During this discussion, the commission discussed the best way to preserve the neighborhood's character and forestall nuisance while allowing reasonable property use. Mr. Scot Farthing (Town Attorney) was present for this discussion and provided the Commission with his professional opinion as needed. Mr. Taylor made the following motion that the Commission Recommend to Council acceptance of the Special Exception with the following conditions: No alcohol be permitted on the premise No sound application be permitted outside the structure. Business operations be limited to 9:00 AM-8:30 PM Mr. Davis seconded the motion. The chairman asked Ms. Bork to read back the motion before the Commission voted. Mr. Taylor asked if he could amend his motion. Mr. Farthing replied that he could either make a friendly amendment if Mr. Davis was amenable or let the motion die. Mr. Davis said he was willing to amend the motion. Mr. Taylor proposed: That a safety buffer be installed on the property between the road and the building Ms. Arthur questioned what he meant by “safety buffer.” Mr. Taylor decided it would take too long to define and rescind the amendment because, as Mr. Farthing pointed out earlier, it was a civil matter. Likely, the owner and their liability insurance would have stipulations to ensure user safety. Mr. Meyer then asked Mr. Taylor to entertain an addition prohibiting alcohol on the premises. Mr. Taylor stated that he thought this was overly restrictive because a person was allowed to serve alcohol if he was having a party on his property. Ms. Bork did remind the commission that Virginia’s ABC laws generally require a license for the serving of alcohol at parties on commercial property, so it likely would be regulated, just not by the town. Mr. Meyer withdrew his request. Ms. Arthur requested that Mr. Taylor consider adding a provision prohibiting or limiting outdoor strobing or flashing lights. Mr. Hale supported this request. Mr. Meyer asked whether the town’s nuisance laws covered this already. Ms. Bork replied that only noise was addressed within the town’s nuisance provisions. Mr. Meyer also supported this amendment. Mr. Taylor agreed to amend his motion to prohibit outdoor use of strobing or flashing lights. Mr. Davis agreed to the changes. The motion before the Commission: A recommendation to the Town Council to approve the special exception at 929 Newbern Rd. With the following conditions: Business hours be limited from 9:00 AM – 8:30 PM No outdoor sound amplification No outdoor strobing or flashing style lights. The motion passed with the votes recorded as follows: Aye: Meyer, Arthur, Taylor, Davis Nay: Hale Absent: Schrantz PZO-24-ZA-3: Amending the Pulaski Zoning Ordinance related to “Manufactured and Modular Housing.” Ms. Bork provided a brief staff report reviewing what had been discussed and the proposed changes being made to the town’s zoning ordinance, which is as follows: Remove the Definition of Mobile/Manufactured Housing for Section 11.2 Add Definitions for “Dwelling, Manufactured” and “Residential Industrialized Building” to Section 11.2 Add use provisions to section 4.3.2-2 and 4.4.2-1 Add general provision to Article 3 regarding Residential Industrialized Building Edit wording of single-family, two-family, and multi-family dwelling definitions in section 11.2. Edit use from Modular/Manufactured housing to Manufactured Dwelling where applicable. She explained that she had presented the changes to the council for comment at a previous meeting, and one of the considerations was to make R-3 residential a special exception, too. Ms. Arthur stated that if she remembered correctly, the Commission had already considered this and decided that the town was genuinely trying to make homeownership as accessible as possible. The smallest land area lots, therefore more economical lots in town, were mainly in R-3 residential neighborhoods, and the town’s goal is to encourage first-time home buying and housing stock diversification. She believes in making it as easy for citizens to buy a home. By adding the requirement of a special exception, the town adds an administrative fee to the cost of that house. She believes that the town should assist where it can to alleviate the cost burden of the owner within these areas rather than add to it. Mr. Meyer opened the public hearing. With no members of the public to comment, he closed it. Mr. Taylor moved that the Commission recommend that the Council accept the written changes. Ms. Arthur seconded the motion, which passed unanimously. PZO-24-ZA-4: Adding “Medical Office to sections 4.9.2-1, 4.10.2-1, and 4.7.2-2 and removing it from sections 4.5.2-1, 4.5.2-2, and 4.7.2-1 Ms. Bork explained that with the amendment in the definition medical office definition, the commission evaluated the use and where it best is located within the fabric of the town’s zoning. Commission had determined that Medical offices as currently defined are best allowed by right in B-1 and B-2 zones to promote business development and community access to health care, and in RO and B-3 as Special Exceptions because depending on the proposed models of medical office, questions and consideration such as parking, space limitations, nuisance concerns made be present. It is in the public's best interest to allow public bodies to ask questions and gather community input rather than simply allowing the use and having issues within the neighborhood later. Mr. Meyer opened the floor for commissioner discussion/ questions. With no comments from the commissioners, he opened the Public Hearing. No members of the public were present, so he closed the public hearing. Ms. Arthur moved that the commission recommend to the council that the changes be approved as written. Mr. Hale seconded the motion. The motion passed unanimously. Staff Report Ms. Bork stated that as the Commission was wrapping up the amendment for manufactured and modular housing. She presented options for what they should address next and pulled out three things the Commission mentioned they would like to explore. 1. Reviewing Parking Minimums and TDRs to address parking options, particularly within the downtown area. This was a known issue raised as something that the Commission could explore as a land use question in the past. She mentioned that it has become an increasingly pressing issue as downtown development continues. 2. Zoning Provisions for Green energy were raised as an issue last year by certain development opportunities presented to the commission. While the opportunities did not come to fruition, they highlighted the need for a discussion and options to unpack and address the green energy industry's place, opportunities, and impacts within the community and how they should be addressed. 3. Addressing Future Land Use Map and Classification issues, several known issues are laid out to be addressed within the Comprehensive Plan Land Use Goals and Policies. The hearing this evening highlighted the need to address these issues to ensure a harmonious community and help preserve and promote the town and its character while still looking forward to the future. Commissioners agreed that addressing future land use goals and reevaluating the town’s future map should be tackled next. With no further business to discuss, Ms. Arthur moved that the meeting be adjourned. Mr. Taylor seconded. Hearing no objections, the Chairman closed the meeting at 8:07 PM.