1. home and garden

AGENDA
Wytheville Planning Commission
Thursday, November 13, 2014
6:00P.M.
Council Chambers
150 East Monroe Street
Wytheville, Virginia 24382
A.
CALL TO ORDER- Chairperson Cathy D. Pattison
B.
ESTABLISHMENT OF QUORUM- Chairperson Cathy D. Pattison
C.
CONSENT AGENDA
1.
Minutes of the regular meeting of October 9, 2014
D.
CITIZENS' PERIOD
E.
PUBLIC HEARINGS
F.
1.
To consider the request of Ms. Carla Porterfield for a special exception
permit to operate an auto sales business at 385 West Main Street (former
Houseman's Citgo building), which is located on the south side of West Main
Street between 4th and 6th Streets, in the B-2 DT General Business District Downtown
2.
To consider proposed amendments to the Zoning Ordinance regarding the
definition and use of a self-service storage facility in M-1 Industrial and M-2
Industrial Districts
RECOMMENDATIONS TO TOWN COUNCIL
1.
To consider the request of Ms. Carla Porterfield for a special exception
permit to operate an auto sales business at 385 West Main Street (former
Houseman's Citgo building), which is located on the south side of West Main
Street between 4th and 6th Streets, in the B-2 DT General Business District Downtown
2.
To consider proposed amendments to the Zoning Ordinance regarding the
definition and use of a self-service storage facility in M-1 Industrial and M-2
Industrial Districts
G.
CITIZENS' PERIOD
H.
OTHER BUSINESS
I.
1.
Review of the Code of Conduct, the Code of Ethics and the Rules for
Addressing the Wytheville Planning Commission
2.
Dispensing with the December 2014 meeting due to the Christmas
holidays
ADJOURNMENT
G:\PLANCOMM\AGENDAS\2014\AGND111314.doc
MINUTES OF THE REGULAR MEETING OF THE WYTHEVILLE PLANNING COMMISSION
HELD IN THE COUNCIL CHAMBERS ON THURSDAY, OCTOBER 9, 2014, AT 6:00P.M.
Members present:
Cathy D. Pattison, Jack W. Hunley, John W. Jones, Jr., Terrance E.
Suarez, Kenny W. Ervin
Members absent:
Charles E. Shockley, Kevin L. Varney
Others present:
Assistant Town Manager Stephen A. Moore, Town Clerk Sharon G.
Corvin
RE: CALL TO ORDER, QUORUM
Chairperson Pattison called the meeting to order and established that a quorum of five Planning
Commission members was present.
RE: CONSENT AGENDA
Chairperson Pattison presented the consent agenda consisting of the minutes of the regular
meeting of September 11, 2014. She inquired if there are any additions or corrections to the
minutes. A motion was made by Vice-Chairperson Jones and seconded by Mr. Ervin to approve
the consent agenda consisting of the minutes of the regular meeting of September 11, 2014.
Chairperson Pattison inquired if there is any discussion on the motion. There being none, the
motion was approved with the following voting in favor and there being no opposition: For:
Cathy D. Pattison, John W. Jones, Jr., Jack W. Hunley, Kenny W. Ervin, Terrance E. Suarez.
Against: None.
RE: CITIZENS' PERIOD
Chairperson Pattison advised the next agenda item is Citizens' Period. She stated there is no
one attending the meeting to address the Planning Commission during Citizens' Period. There
being no one to address the Commission, she proceeded with the agenda.
RE: SPECIAL EXCEPTION PERMIT- PORTERFIELD
Chairperson Pattison advised the next agenda item is to set a public hearing to consider the
request of Ms. Carla Porterfield for a special exception permit to operate an auto sales business
at 385 West Main Street (former Houseman's Citgo building), which is located on the south side
of West Main Street between 4th and 6th Streets, in the B-2 DT General Business District Downtown. She stated that the public hearing could be held at the November 13, 2014,
meeting. A motion was made by Mr. Ervin and seconded by Vice-Chairperson Jones to set a
public hearing for Thursday, November 13, 2014, to consider the request of Ms. Carla
Porterfield for a special exception permit to operate an auto sales business at 385 West Main
Street (former Houseman's Citgo building), which is located on the south side of West Main
Street between 4th and ath Streets, in the B-2 DT General Business District - Downtown.
Chairperson Pattison inquired if there is any discussion on the motion. There being none, the
motion was approved with the following voting in favor and there being no opposition: For:
Cathy D. Pattison, John W. Jones, Jr., Jack W. Hunley, Kenny W. Ervin, Terrance E. Suarez.
Against: None. Mr. Hunley stated that it would be difficult to deny Ms. Porterfield's request for a
special exception permit at 385 West Main Street since the Commission approved a special
exception permit at the same location previously. He advised that he does feel like the Planning
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Commission needs to place some very strict stipulations with the special exception permit if the
consensus of the Planning Commission is to recommend to the Town Council that it be
approved. Mr. Hunley noted that the Town does not need unsightly items sitting around on Main
Street. He commented that the property located on West Lee Highway has a lot of unsightly
items sitting around on the property. Mr. Ervin and Chairperson Pattison inquired of Mr. Hunley
if Ms. Porterfield owns the property on West Lee Highway. Mr. Hunley stated that is correct. He
commented that the business on the West Lee Highway property is R & C Towing, which is
owned and operated by Ms. Porterfield. Mr. Hunley expressed that the Planning Commissioners
should keep this in mind when the decision is made to approve the requested special exception
permit and the stipulations that need to be included with the permit. Chairperson Pattison
advised that the Planning Commission placed stipulations on the special exception permit that
was approved for Mr. Hill at the 385 West Main Street location. Mr. Ervin commented that the
Planning Commission discussed the stipulations with Mr. Hill and he assured the
Commissioners that he would not have. unsightly items on the property. Town Clerk Corvin
explained that Mr. Hill's request was a different special exception permit request than Ms.
Porterfield submitted. She stated that Ms. Porterfield's request is only for an auto sales
business, and there is no auto repair service included. Town Clerk Corvin reiterated that the
request is only for auto sales and not auto repair services. Mr. Hunley commented that Ms.
Porterfield's business could still have wrecker trucks bring vehicles in. He remarked that he only
wants the Commissioners to be aware that Ms. Porterfield is the owner of R & C Towing. Mr.
Ervin and Chairperson Pattison stated that they did not realize that Ms. Porterfield was the
owner of R & C Towing, also.
RE: PROPOSED WIND TURBINE ORDINANCE
Chairperson Pattison advised the next agenda item is the discussion regarding the draft Wind
Turbine Ordinance. She stated that at the September meeting, the Planning Commission had
asked that Town staff return with some refinements to the Commissioners' questions regarding
this matter. Chairperson Pattison noted that she must state that Assistant Town Manager Moore
and his staff, she thought, did an excellent job answering the Commission's questions regarding
the wind turbines. She remarked that she noticed in the staff report, on page three under Other
Issues, that the Commission has not discussed that visual obtrusiveness is the most powerful
motivator for citizens to oppose any new building or technology. Chairperson Pattison stated
she understands that Assistant Town Manager Moore has contacted other localities in the State
of Virginia for more information regarding the wind turbines. She commented that it looks like
Town staff has been busy working on this issue, and she would like to express her appreciation.
Chairperson Pattison inquired of Assistant Town Manager Moore if he had anything further to
add to his report regarding the proposed Wind Turbine Ordinance. Assistant Town Manager
Moore stated that he did not have anything to add. He noted that he feels like the report is selfexplanatory. Mr. Moore commented that he thinks the ordinance is one of those items that is not
an imminent use that is coming forward, as far as Town staff knows. He stated that as the
Commission proceeds with the ordinance and they think of questions, staff will try to add the
comments to any ordinance that would formulate and refine the ordinance further. Mr. Moore
noted that in regard to the comment about noise and decibels, it is explained by the chart that
GE has developed, which is attached to the staff report. He remarked that he assumes GE is
promoting these. Mr. Moore explained that the chart gives a reference point for decibel levels
and the effect the turbines will have on the citizens. Mr. Hunley commented that as far as the
visual items, if a person has abutting neighbors who are opposed to the turbine, then the
request for a permit would be handled like any other special exception permit with opposition.
He noted that the request would probably be denied, if the abutting property owners opposed
the wind turbine. Mr. Hunley stated that he was really surprised when reviewing the decibel
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levels on the GE chart, as far as comparing the noise levels of a turbine to a vacuum cleaner,
blender, etc. He noted that if compared to those items, the wind turbine must not be very loud.
Chairperson Pattison inquired of the Planning Commission members if, in their opinion, they
think this is the right time to implement an ordinance. She stated that the topic of the proposed
Wind Turbine Ordinance has been discussed for the past two months. Vice-Chairperson Jones
remarked that the topic has been discussed during at least two meetings that he can remember.
Mr. Moore advised that Town staff can review the current inquiries regarding the turbines and
present the Commissioners with another draft ordinance, if they wish, or the Commissioners can
review the draft that Town staff has assembled for this meeting. He noted that the Commission
can then make other suggestions, and then Town staff can bring the draft ordinance forward at
the beginning of 2015. Chairperson Pattison advised that staff would present information at the
next meeting regarding wind turbines. Mr. Moore noted that Town staff will do whatever the
Commissioners suggest that they would like to see happen. He commented that he does feel
like it is a good idea to be in front of the technology, rather than behind the technology, as Dr.
Suarez pointed out at the last meeting. Mr. Moore stated that the Commission would at least
have a way to begin to control the turbines, rather than trying to get the turbine installation
stopped. Chairperson Pattison advised that she is in agreement with Dr. Suarez regarding the
issue. She remarked that her thinking is to get all of the information comprised, and return with
one draft consisting of all of the Commissioners' inquiries at the first of the year. Chairperson
Pattison explained that she does not think the Planning Commission is in a hurry, but something
needs to be in order before a property owner submits an application. She inquired if the
Commission is in agreement to have Town staff finalize the draft ordinance by the first of the
year. Mr. Moore stated that staff will have a draft that incorporates everything that has been
discussed, after the first of the year. He noted that staff may not have specifics such as decibel
levels, etc., however, those items can be adjusted. Chairperson Pattison reiterated that Mr.
Moore and his staff did a great job with the staff report. She inquired of Mr. Hunley as to what
his feelings are regarding the ordinance. Mr. Hunley stated that he expressed his feelings from
the first discussion, and that it would be better to have an ordinance in place before an
application is submitted for a wind turbine. He remarked that the Town could be cited as
discriminating against a property owner, if there is not an ordinance in place. Chairperson
Pattison inquired of Mr. Moore if a motion is required. Mr. Moore advised that a motion is not
required. Chairperson Pattison advised Town staff to present a draft Wind Turbine Ordinance at
the January meeting, so there would be something to recommend to the Town Council.
Chairperson Pattison thanked the Town staff for their work, and she proceeded with the agenda.
RE: SELF-SERVICE STORAGE FACILITY
Chairperson Pattison stated the next agenda item is to review the proposed amendments to the
Zoning Ordinance regarding the definition and use of a self-service storage facility in M-1
Industrial and M-2 Industrial Zoning Districts. She noted that if the Planning Commission will
recall, at the last meeting, Mr. Moore discussed possible revisions to the Zoning Ordinance
regarding a self-service storage facility being permitted only in M-1 Industrial and M-2 Industrial
Zoning Districts. Chairperson Pattison commented that if the Planning Commission desires to
amend the Zoning Ordinance to include these revisions, it will be necessary to set a public
hearing, which could be held at the November 13, 2014, meeting. Mr. Moore remarked that
included in the Commissioners' packets is the section of the Zoning Ordinance that would be
amended to include the added definition that defines a self-service storage facility, and then
excerpts from the M-1 Industrial and M-2 Industrial Zoning Districts that specifically list a selfservice storage facility as a permitted use. He noted that if the Planning Commission wishes to
amend the ordinance, Town staff will complete the steps to hold the public hearing to do so.
Chairperson Pattison inquired of the Planning Commission if they find it necessary to amend the
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Zoning Ordinance for this topic. A motion was made by Dr. Suarez and seconded by ViceChairperson Jones to set a public hearing for Thursday, November 13, 2014, to consider
amending the Zoning Ordinance to include the definition of a self-service storage facility and to
include the use in M-1 Industrial and M-2 Industrial Zoning Districts. Chairperson Pattison
inquired if there is any discussion on the motion. There being none, the motion was approved
with the following voting in favor and there being no opposition: For: Cathy D. Pattison, John W.
Jones, Jr., Jack W. Hunley, Kenny W. Ervin, Terrance E. Suarez. Against: None.
RE: WIRELESS TELECOMMUNICATIONS FACILITIES
Chairperson Pattison stated the next agenda item is a discussion regarding the new draft
ordinance regulating the siting of wireless telecommunications facilities in the town. She noted
that Assistant Town Manager Moore briefly discussed the topic at the meeting last month. Mr.
Moore explained that staff has provided a review of the draft ordinance, for each of the
Commissioners. He commented that staff has not completed the editing of that ordinance
because it is a 30+ page ordinance. Mr. Moore remarked that he would like to see it more
condensed than what it currently is at this time. He noted that it may not be possible, but that is
what staff is working on at this time. Mr. Moore reiterated that staff is trying to reduce the
number of pages of the ordinance. He explained that as the Commission may recall, the
Telecommunication Ordinance has a component where the Town has a consultant that reviews
all applications. Mr. Moore advised that the Town put aside an escrow amount for their review of
any proposed facilities, therefore, the consultants are paid out of the escrow amount. He noted
that the remaining amount is paid back to the applicant. Mr. Moore explained that the consultant
is who prepared the draft ordinance. He noted that he feels like it is very concise and complies
with the telecommunications law, but he thinks it is extremely cumbersome for both the Town
and the applicants. Mr. Moore stated that he is hoping to streamline it a little and that it may be
something that cannot be done, but that is what staff is hoping to do. Chairperson Pattison
inquired of Mr. Moore how much time he and his staff will need to complete the editing of the
ordinance. Mr. Moore stated that he thinks the first of the year would be enough time for editing
and then to advertise the changes to the ordinance. He commented that he would update the
Commission at the November meeting on how staff is progressing. Chairperson Pattison
inquired of Mr. Moore if his suggestion would be to table the discussion until the November
meeting. Mr. Moore stated that is correct. Mr. Hunley inquired of Mr. Moore what kind of facility
is being discussed and if it is a building or something else. Mr. Moore advised that, primarily, the
facility that is being discussed is cell towers, and noted, for example, like the tower that is
located near Ramada Inn. Mr. Hunley commented that the Town has an ordinance in place
already for cell towers. Mr. Moore noted that is correct, and this draft is a revision or refinement
to the current ordinance. He explained that he was hoping that the draft would be more
condensed than the present ordinance, however, that has not happened. Mr. Moore remarked
that there are new facilities that are now available through the technology that allow them to use
whip type antennas that are mounted on buildings. He noted those antennas provide service to
cell phones for data. Mr. Moore advised that the Town has received several of those type of
applications, and this draft ordinance addresses those antennas. He explained that the staff
decided, upon talking with the consultant, a method for addressing those antennas with the
present ordinance, therefore, it is not a tremendous rush to revise the ordinance. Mr. Moore
advised to his knowledge, the Town has only had one application relative to that, and the
company has not followed through with the rest of the information. He noted that staff is waiting
to see what happens with the application. Mr. Hunley inquired of Mr. Moore if he is stating that
with the new technology, there will not be anymore cell towers built, and that cell tower
businesses are going to install the antennas on buildings. Mr. Moore advised that is correct.
Chairperson Pattison remarked this is the way technology is heading, which is wireless
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communications. Mr. Moore explained that to send a lot of signal through one tower requires a
tremendous amount of capacity and it gets used up, therefore, if a cellular communications
company can have multiple smaller distribution points, they can reach the same number of
people and keep feeding the data through multiple antennas instead of one tower. He noted that
is layman's terms of what he thinks this new technology involves. Mr. Hunley inquired of Mr.
Moore if he is aware of the antenna size. Mr. Moore remarked that the antenna that staff has
discussed with the applicant is approximately six feet tall. He noted it is just a whip antenna that
is similar to the whip antenna on a vehicle. Mr. Moore stated that there is probably some other
gear that goes with the antenna that takes up more space. He commented that the applicant is
proposing places like Evansham Shopping Plaza and placing an antenna on top of Food Lion
and at Lee-Hy Shopping Center and placing one on top of the old Movie Starz building. Mr.
Moore reiterated that the applicant did have some locations and types of antennas in mind when
they submitted the application. He noted that staff informed the applicant that it is a co-location
because it is on a building, therefore, the Town will consider it as a co-location. Mr. Moore
remarked, however, the Town does want to make sure it is safe and that the people around the
area are safe. He commented that this is the stage of the application at this time. Mr. Moore
advised that it is his understanding that the applicants will keep the cell towers, but there will be
more of the antennas located around town. He noted that, ultimately, the antennas may replace
the cell towers if the technology proves they are better. Mr. Ervin inquired of Mr. Moore if there
will be fees for the antennas paid to the Town, or whoever the property owner is, where the
antenna is located. Mr. Moore stated that is correct. He noted that the applicant will pay a permit
fee to the Town and then the person who owns the property will receive a monthly fee paid to
them for the use of the property, as well. Mr. Hunley commented that Mr. Moore mentioned in
the beginning something about money coming in at some point back to the applicant. Mr. Moore
stated that the Town requires that the applicant pay the permit fee, which is either $5,000 or
$2,000. He noted that the Town, also, requires that they submit an $8,500 fee to an escrow
account that goes in the Town Treasury to pay the consultants with as they evaluate the
application. Mr. Moore explained that upon completion of the application, if there is any residual
money, and he noted there usually is, a check for the residual money is mailed back to the
applicant. Chairperson Pattison commented that the small antennas are the up and coming
technology of the future and that a lot of businesses will start using this type of technology. Mr.
Moore advised that there is a session regarding this issue at the upcoming Planning
Commissioner's Institute. He noted that most of the Commission will probably want to attend the
session to see what the latest technologies and opportunities are regarding the small antennas.
Mr. Hunley suggested that staff hold on to the draft ordinance so they do not have to print
another 30+ page draft for the Commissioners. Mr. Moore explained that what the
Commissioners have in front of them is a draft, therefore, hopefully, by the first of the year, staff
will have the final copy of the ordinance to present to the Commissioners. He noted that the
draft is a good reference. Chairperson Pattison stated that the Planning Commission is in
agreement that this issue will be on the January 2015 agenda. Chairperson Pattison thanked
Mr. Moore for his report, and she proceeded with the agenda.
RE: PLANNING AND ZONING CONFERENCE
Chairperson Pattison stated the next agenda item is a discussion regarding travel arrangements
to the 2014 Commonwealth Planning and Zoning Conference. Mr. Moore explained that on
Sunday, October 12, 2014, there is a session that begins at 2:00 p.m., therefore, if the
Commissioners would like to stop for lunch in Staunton, they would need to leave Wytheville
around 8:30 a.m. He commented that the Commissioners had discussed leaving around 9:30
a.m., so it would be up to the Commission if they choose to leave at 8:30a.m. or 9:30a.m. ViceChairperson Jones stated that the Commission can leave at 8:30a.m., if they need to be at the
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session by 2:00 p.m. Dr. Suarez advised that the session is for the Chairperson. Mr. Moore
noted that all of the Commissioners, at some point, will be the Chairperson. Dr. Suarez
commented that most of the Commissioners have served as Chair. Town Clerk Corvin
remarked that being the Chairperson will come back around, therefore, it would be a good
session to attend. Mr. Moore stated that they could leave at 9:00 a.m., if it would be better for
the Commissioners. Vice-Chairperson Jones noted that the Commission could leave at 8:30
a.m. to allow time to stop in Staunton for lunch and then proceed to Richmond for the 2:00p.m.
session. Mr. Moore advised that the Commissioners riding with him would meet in the Municipal
Building parking lot at 8:30a.m.
RE: STATEMENT OF ECONOMIC INTEREST FORMS
Town Clerk Corvin advised that each of the Commissioners had a packet at their seats which
includes information regarding their Statement of Economic Interest forms. She noted that a lot
of changes have been made this year. Town Clerk Corvin stated that she would clarify the
changes and those changes are that, normally, the forms have to be returned to the Town Clerk
by January 15, but this year, the forms must be returned to the Town Clerk's office by
December 15. She noted that the next change is, starting next year, the forms will have to be
completed twice per year versus once per year. Town Clerk Corvin commented that the forms
due December 15, 2014, will cover January 1, 2014, to October 31, 2014. She noted that all of
this information is included in the letter in the packets. Town Clerk Corvin explained that the
forms will be due again on June 15, 2015, and will cover from November 1, 2014, to April 31,
2015. She remarked that, again next year, on December 15, 2015, the Commissioners will have
to complete the forms again, however, at that time it will be different. Town Clerk Corvin stated
that the Commissioners will not submit the forms to her, but rather, they will have to submit the
forms next December 2015 to the Conflict of Interest and Ethics Advisory Council. She noted
that it will have to be submitted electronically. Town Clerk Corvin remarked that there are a lot of
changes happening. She stated that she has highlighted the information in the packets that will
need to be submitted. Town Clerk Corvin noted, for instance, when the Commissioners attend
the Planning Commission Institute this year, normally, the Commissioners would not have to
disclose that information, but, if they look on their forms, anything that they get from the Town of
Wytheville worth over $200, including registrations, meals, etc., has to be disclosed on the form.
She advised that includes VML meetings, Planning Commission meetings, etc. Town Clerk
Corvin remarked that a person has to disclose the information, but it does not have to be listed,
however, all of the attorneys attending the seminars she has been attending recently stated that
it is really best if a person lists what they have received for their money. She reiterated that even
though it is not required, it is best to list the items received. Town Clerk Corvin advised that
these are the rules that have been set in place as of July 1, 2014, but she noted they could
change. She reiterated that as of right now, these are the rules that the Town has to follow.
Town Clerk Corvin commented that the main thing is that the forms have to be submitted twice
per year starting in 2015. She reiterated that December 2014, will be the first submission of the
forms, the next time will be June 2015, and the next time will be December 2015. ViceChairperson Jones inquired of Town Clerk Corvin if she is stating that if the Commissioners
have lodging and registration paid and then have six meals, they will have to list all of the
information. Town Clerk Corvin advised that there is a "Schedule D" in the information included
in their packets, that he will see, where all of the information is to be listed. She noted that this is
a major change for the Commissioners. Dr. Suarez inquired of Town Clerk Corvin if she would
let the Commissioners know the lodging costs, etc. for the Planning Commission Institute. Town
Clerk Corvin stated that is correct. She reiterated that the two major changes are that anything
over $200 is required to be listed, and, also, completing the forms twice per year. Mr. Ervin
inquired of Town Clerk Corvin if the Commissioners 12 month honorarium would be a separate
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item and not required to be listed on the form or would it be included with everything else. Town
Clerk Corvin stated that it is the whole sum all together. She noted that she included a
highlighted list that has to be reported in their packets, which includes registration, lodging,
meals, transportation and any other payment. Town Clerk Corvin commented that, normally, the
only thing that they would have for $200 would be when they attend the Planning
Commissioner's Institute, and the other would depend on how much each Commissioner earns
in wages as an individual per year. She stated that the only thing that would be different that
they would be disclosing would be going to the meetings and completing the forms twice per
year. Town Clerk Corvin commented that there is a difference in that it used to be that an
individual had to earn $10,000 or more before they were required to disclose all of their
finances, however, it is now $5,000. She noted that the dollar amount has been lowered. Town
Clerk Corvin reiterated that there are several changes to the forms, but if the Commissioners
have any questions she would be glad to help them. She noted that she has information that
she has received at different seminars and that together they will figure it out.
RE: CITIZEN EMERGENCY ALERT TEST
Mr. Hunley stated that he wanted to remind the Commissioners to register for the Wythe County
Citizen Notification System because there will be another test of the Citizen Notification System
on Thursday, October 16, 2014, at 2:00p.m. He noted that when the County ran the first test on
the system and were supposed to have called everyone who had a landline, a lot of citizens did
not receive the call. Mr. Hunley inquired of the other Commissioners if they had received the
initial test call. Dr. Suarez and Mr. Hunley both noted that they did not receive the call. Mr.
Hunley commented that the Town Council has been complaining to the County regarding this
situation, and the County has assured the Council that the system is now working. He reiterated
that another test of the system will be performed on October 16, however, it will be on citizens'
landlines only unless they register their cell phones. Mr. Hunley commented that if a person has
multiple telephones that they would like to receive notifications on, the person would need to
register each phone to receive the notifications. He remarked that he just wanted to remind the
Commissioners to register for the alert system as soon as possible. Mr. Hunley stated that
Council thinks it is working because Mayor Crewe shared with the Council members that he
received a call at 5:10 a.m. the other morning that alerted him of a frost advisory in Wythe
County. He noted that there have been a lot of problems with the system. Mr. Hunley advised
that Town Council has struggled for three years to get the system implemented.
RE: ADJOURNMENT
There being no further business, a motion was duly made, seconded, and carried to adjourn the
meeting (6:30 p.m.).
Cathy D. Pattison, Chairperson
Stephen A. Moore, Assistant Town Manager
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NOVEMBER 13,2014
AGENDA INFORMATION
PUBLIC HEARINGS
Item No. 1. Special Exception Permit Request - Porterfield
A public hearing has been scheduled to consider the request of Ms. Carla Porterfield for a
special exception permit to operate an auto sales business at 385 West Main Street
(former Houseman's Citgo building). As the Commission will recall, a special exception
permit was issued to Mr. MichaelS. Hill in June 2013 by the Town Council to operate an
auto sales and service business at this location. Mr. Hill ceased operation of his business
on this property, and Ms. Porterfield purchased the property and desires to continue an
auto sales business. Mr. Hill's special exception permit was issued only to him, therefore,
Ms. Porterfield had to request a special exception permit to continue this type of business
at this location. To date, Town staff has received no comments regarding this request.
(During the meeting, please request that all persons addressing the Planning
Commission approach the podium so everyone can hear and the minutes can be
properly recorded. Anyone addressing the Commission will not be recorded
properly if they do not approach the microphone at the podium.)
Porterfield Special Exception Permit Request
Staff Report
The request of Ms. Carla Porterfield for a special exception permit for a used auto
sales business at 385 West Main Street, at the former Houseman's Service Station
building, and, also, at the former The Automotive Connection location situated in a
B-2DT Business Zoning District.
Background
Ms. Carla Porterfield has purchased the former The Automotive Connection for use as a
used auto sales business. This location was, previously, Houseman's Service Station and
has had several auto service types of businesses at this location since the service station
closed some years ago. The B-2DT Downtown Business District does not specifically list
auto sales as a permitted use, therefore, Ms. Porterfield is requesting a special exception
permit for this property. Ms. Porterfield, presently, is one of the owners of the R & C Auto
Sales on West Lee Highway, and she would like to move that business to this location.
Zoning and Physical Characteristics
This property is zoned B-2DT Business - Downtown with approximately 150 feet of
frontage on Main Street and approximately 100 feet of frontage on 6th Street. The property
is predominately a level, paved parking lot with a retaining wall on the south side and a
traditional service station building with a pump canopy in front. The surrounding area is,
also, zoned B-2DT Business with a business building to the east, a vacant lot and
attorney's office to the south, a church to the west and a vacant residential property, Post
Office and probation office to the north.
The Future Land Use Map shows this area as business use. There is water and sewer
service to this site.
Discussions/Considerations
Auto sales and service is not listed as a permitted use in the B-2DT Business Zone,
however, a special exception permit for auto sales was issued to Mr. Steve Hill in June
2013, and uses prior to that had automobile service and auto parking on the property.
The aerial photographs taken around 2011 showed 11 vehicles on the property, and there
could have been several under the canopy.
For the previous special exception, Mr. Hill indicated that he could have 18-25 used
vehicles on the lot for sale. Ms. Porterfield has not detailed any plans for the facility, but
it could be expected that similar numbers of vehicles could be for sale on the lot. One of
the previous concerns expressed by the representatives of Holy Trinity Lutheran Church
was parking on ath Street. There have, also, been concerns expressed in regard to
keeping the lot in an orderly and neat condition, mirroring The Automotive Connection.
Searching for viable businesses for the downtown has become a major emphasis of
Downtown Wytheville, Incorporated (OWl), and this could be an appropriate use for this
property, if similar to The Automotive Connection. Should there be no opposition, the
Planning Commission may want to consider this use versus having another vacant
building and lot downtown.
Should the Planning Commission be interested in granting the special exception permit,
the following safeguards may be appropriate:
1. The special exception permit be limited to Ms. Carla Porterfield only.
2. Vehicles needing repair are not to be parked on the property.
3. All auto maintenance work be performed elsewhere, other than on-site washing
and cleaning of the vehicles for sale.
4. The exterior of the facility and lot be maintained in a clean, neat and appropriate
manner.
5. Employee parking be limited to the lot.
6. Service and towing vehicles not be permitted on the site or on the rights-of-way.
7. Changes to the exterior of the building, the canopy and the signs be approved by
the Board of Architectural Review and the Design Committee of OWl.
G:\PLANCOMM\Staff Reports\Staff Report Special Exception for R&C Auto Sales and Service in B2DT Zone Oct. 2014.docx
TOWN OF WYTBBVILLB
APPLICATION FOR SPBCIAL BXCBPTION
PB~T
Name of Applicant:
Mailing Address of
Phone Number of Applicant:
I
(We)
the above named applicant(s)
exception permit in the
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request the issuance of a special
Bu5i W\._C._<i.$
is located on the
side of
zoning district.
The property
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Street between
Street and ------------------Street more specifically described as lot
of
subdivision (or block).
The explanation of the use
which is proposed in this zoning district is as follows:
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The owners of the above described property are as follows:
[ I&]
Same as applicant
[CJ
Other - Provide Information
Name:
Address:
Phone:
If property owner is other than the applicant, describe the relationship
(i.e., have option on land, legal counsel, etc.).
Describe the intended purpose of the request and the improvements which
are proposed for this parcel of property if the special exception permit is
issued.
£
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(We) certify the above information is true and correct.
Date
INTERNAL USE ONLY
Date application received:
Reference Section
of the
zone.
Future Land Use Zoning designation:
Publication dates for public hearings:
Planning Commission:
and
Town Council:
and -----------------------------
Date request was presented to Planning Commission:
Date request was presented to Town Council:
Date public hearing conducted by Planning Commission:
Date public hearing conducted by Town Council:
Date
Permit granted
Attachments
Town Manager
Date
] or denied [
Porterfield Special Exception Pennit
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AGENDA INFORMATION
PUBLIC HEARINGS
Item No. 2. Self-Service Storage Facilities
A public hearing has, also, been scheduled to consider amending the Zoning Ordinance to
add the definition for a Self-Service Storage Facility and to add the use to the M-1
Industrial and M-2 Industrial Districts. To date, Town staff has received no comments
regarding these amendments to the Zoning Ordinance.
Self-Service Storage Facilities
Staff Report
Background
At the last Planning Commission meeting, the Planning Commission decided to add the
definition for "Self-Service Storage Facility" and this use to the M-1 Industrial and M-2
Industrial Zoning Districts in the Zoning Ordinance and to advertise a public hearing in
regard to these changes. Town staff had crafted a definition for "Self-Service Storage
Facility," which was obtained from several compendiums of zoning terms and from other
localities. The definition compiled is as follows and is proposed to be added to the
"Definitions" section of the Zoning Ordinance, Paragraph 3-71A.1. It reads as follows:
Definitions
3-71A.1 Self Service Storage Facility: A building consisting of individual, small, selfcontained units that are leased or owned for the storage of business or household goods or
contractors' supplies.
Discussion and Considerations
Over the past 10 years, there have been a number of self-service storage facilities
developed in Wytheville. The construction/development of these facilities has generally
consisted of long, single story, metal buildings with metal garage door openings. Usually,
the surface around the complex has consisted of asphalt paving or gravel, surrounded by
chain-link fence and several chain-link gates, with fairly intense dusk to dawn lighting for
security. The appearance projected by these developments is certainly an industrial one.
At present, there is not a separate definition for "Self-Service Storage Facility," and the
assignment of this use has been broadly interpreted, allowing this "industrial" appearance
to be constructed in some areas in close proximity to residential and commercial areas. It
was staff's recommendation, and the Planning Commission's opinion, that these areas
should, as a priority, be limited to industrial areas. Therefore, the Planning Commission has
suggested that the ordinance only permit a "Self-Service Storage Facility" in M-1 Industrial
and M-2 Industrial Zoning Districts.
G:\PLANCOMM\Staff Reports\Staff Report self-service storage facilites Nov. 2014.doc
do not produce objectionable noise, vibration, smoke, gas, waste, or the
like. 39
3-69
REQUIRED OPEN SPACE: Any space required in any front, side or rear
yard.
3-70
RESTAURANT: Any building in which for compensation, food or beverages
are dispensed for consumption on the premises, including, among other
establishments, cafes, tea rooms, confectionery shops, or refreshment
stands.
3-71
RETAIL STORES AND SHOPS:
Buildings for display and sale of
merchandise at retail or for the rendering of personal service, (but specifically
exclusive of coal, wood and lumber yards), such as the following, which will
serve as illustration: drug store, newsstand, food store, candy shop, milk
dispensary, dry goods and notions store, antique store and gift shop,
hardware store, household appliance store, furniture store, florist, optician,
music and radio store, tailor shop, barber shop and beauty parlor.
3-71A
SATELLITE DISHES/DISH ANTENNAS: Dish shaped structures for the
reception of satellite broadcasts for television predominantly for private
residential use or any dish shaped antenna for receiving broadcasts. 49
3-71A.1
SELF-SERVICE STORAGE FACILITY:
A building consisting of
individual, small, self-contained units that are leased or owned for the
storage of business and household goods or contractors' supplies.
3-718
SEMI-TRAILER: A freight trailer that when attached is supported at its
forward end by the fifth wheel device of the truck tractor, which shall include
31
Ill - DEFINITIONS
12-1.59
Signs permitted under Chapter 21 of this Ordinance regulating outdoor
advertising. 24
12-1.60
Off-street parking as required by this Ordinance.
12-1.61
Telecommunications Towers as regulated by Article XXII. 49
12-1.62
Indoor archery range 78
12-1.63
Indoor shooting range 78
12-1.64
Brewery79
12-1.65
Brewery, Craft or Pub; Brewery, Micro79
12-1.66
Distillery; Distillery, Alcoholic Beverage 79
12-1.67
Winery or Vineyard 79
12-1.68
Self-service storage facility
12.2
REQUIREMENTS FOR PERMITTED USES
12-2.1
Before a building permit shall be issued or construction commenced on any
permitted use in this district, or a use permit issued for a new use, the plans,
in sufficient detail to show the operations and processes, shall be submitted
to the zoning administrator for study. Modifications of the plans may be
required.
12-2.2
Permitted uses shall be conducted wholly within a completely enclosed
building or within an area enclosed on all sides by a solid masonry wall, a
uniformly painted solid board fence or an evergreen hedge not less than six
(6) feet in height, provided that a chain link fence with a minimum height of
six (6) feet may be used, if the space viewed through the fence is not
6
XII - INDUSTRIAL M-1
13-1.37
Off-street parking as required by this Ordinance.
13-1.38
Telecommunications Towers as regulated by Article XXII. 49
13-1.39
Indoor archery range 78
13-1.40
Indoor shooting range 78
13-1.41
Brewery 79
13-1.42
Brewery, Craft or Pub; Brewery, Micro 79
13-1.43
Distillery; Distillery, Alcoholic Beverage 79
13-1.44
Winery or Vineyard 79
13-1.45
Self-service storage facility
13-2
PROHIBITED USES
In the M-2 District, no lot, building or structure shall be used, erected,
reconstructed or altered which is intended or designed to be used, in whole
or in part, for any of the following specified purposes:
13-2.1
Starch, glucose, or dextrene manufacture, horn processing, shell processing,
except from cleaned shells; the curing, tanning or dressing of raw or green
salted hides or skins.
13-2.2
Fertilizer manufacture from organic material or the compounding of such
fertilizers on a commercial scale; the preparation on other than an incidental
scale of exterminators, disinfectants, cattle dips, insecticide or serums.
13-2.3
Bleaching powder, ammonia or chlorine manufacture.
13-2.4
Coal tar manufacture or tar distillation except as by-products or as incidental
to the manufacture of gas for public distribution, the manufacture of gas for
4
XIII - INDUSTRIAL M-2
AGENDA INFORMATION
RECOMMENDATIONS TO TOWN COUNCIL
Item No. 1. Porterfield Special Exception Permit
It will now be necessary for the Planning Commission to make a recommendation to the
Town Council regarding the request of Ms. Carla Porterfield for a special exception permit
to operate an auto sales business at 385 West Main Street (former Houseman's Citgo
building).
AGENDA INFORMATION
RECOMMENDATIONS TO TOWN COUNCIL
Item No. 2. Self-Service Storage Facilities
It will, also, be necessary for the Planning Commission to make a recommendation to the
Town Council regarding amending the Zoning Ordinance to include the definition of a selfservice storage facility and to list the use in M-1 Industrial and M-2 Industrial Districts.
AGENDA INFORMATION
OTHER BUSINESS
Item No. 1. Review of Code of Conduct, Code of Ethics
and Rules for Addressing the Planning Commission
Please find enclosed the Code of Conduct, the Code of Ethics and the Rules for
Addressing the Planning Commission. The Planning Commission has had a Code of
Conduct and Code of Ethics in place for several years. The Code of Conduct is the same
as in the past, however, Town staff researched other Codes of Ethics and found a more
detailed, modern version, and it is enclosed for the Commission's review and approval. The
Rules for Addressing the Planning Commission is a new document, and it mirrors the rules
used during the Town Council meetings. If the Planning Commission finds these
documents acceptable, Town staff would ask that they be adopted for use by the Planning
Commission.
CODE OF CONDUCT
Town of Wytheville Planning Commission
RECOGNIZING THAT PERSONS HOLDING A POSITION OF PUBLIC TRUST ARE UNDER
CONSTANT OBSERVATION, AND RECOGNIZING THAT MAINTAINING THE INTEGRITY AND
DIGNITY OF THE PUBLIC OFFICE IS ESSENTIAL FOR MAINTAINING HIGH LEVELS OF
PUBLIC CONFIDENCE IN OUR INSTITUTIONS OF GOVERNMENT, EVERY MEMBER OF THE
PLANNING COMMISSION PLEDGES TO ADHERE TO THE FOLLOWING CODE OF CONDUCT.
1.
Regularly attend all scheduled meetings of the Planning Commission as well as special or
called meetings relevant to the office.
2.
Prepare for each meeting.
3.
Create a positive environment in meetings of the Planning Commission.
4.
Maintain an attitude of courtesy and consideration toward colleagues, citizens, and staff
during all discussions and deliberations.
5.
Allow citizens, colleagues, and staff sufficient opportunity to present their views, within the
prescribed rules for conduct of meetings of the Planning Commission.
6.
Avoid the use of abusive, threatening, or intimidating language or gestures directed at
colleagues, citizens, or staff.
7.
Avoid comments, body language, or distracting activity that conveys a message of
disrespect and lack of interest.
8.
Respect all local, state, and federal laws, rules, and other regulations.
9.
Submit completed financial disclosure forms to the Clerk of the Town of Wytheville and/or
the Conflict of Interest and Ethics Advisory Council by the specified deadline.
10.
Publicly acknowledge the adopted position when asked about a decision of the Planning
Commission.
The performance of the Planning Commission and Planning Commissioners in meeting this Code of
Conduct is affirmed by the following signatures:
(Name)
(Name)
(Name)
(Name)
(Name)
(Name)
(Name)
(Name)
G:\PLANCOMM\Miscellaneous\CODE OF CONDUCT 2014.doc
CODE OF ETHICS
Town of Wytheville Planning Commission
IN ACCORDANCE WITH OUR DESIRE TO CONDUCT PLANNING COMMISSION BUSINESS
WITH THE HIGHEST STANDARDS OF ETHICAL CONDUCT, WE HEREBY ADOPT THE
FOLLOWING CODE OF ETHICS. THE PLANNING PROCESS MUST CONTINUOUSLY PURSUE
AND FAITHFULLY SERVE THE PUBLIC INTEREST. THEREFORE, AS PLANNING PROCESS
PARTICIPANTS, COMMISSIONERS WILL:
1.
Recognize
the
rights
of
citizens
to
participate
in
planning
decisions.
2.
Strive to expand choice and opportunity for all persons, recognizing a special responsibility
to plan for the needs of disadvantaged groups and persons.
3.
Assist in the clarification of community goals, objectives and policies in plan making.
4.
Strive to protect the integrity of the natural environment and the heritage of the built
environment.
5.
Pay special attention to the interrelatedness of decisions and the long-range consequences
of present actions.
AS PLANNING PROCESS PARTICIPANTS, COMMISSIONERS WILL CONTINUOUSLY STRIVE
TO ACHIEVE HIGH STANDARDS OF INTEGRITY AND PROFICIENCY SO THAT PUBLIC
RESPECT FOR THE PLANNING PROCESS WILL BE MAINTAINED. THEREFORE, AS
PLANNING PROCESS PARTICIPANTS, COMMISSIONERS WILL:
1.
Exercise fair, honest and independent judgment in their roles as decision makers and
advisors.
2.
Make public disclosure of all personal interest regarding any decision to be made in the
planning process in which Commissioners serve, or are requested to serve.
3.
Define "personal interest" broadly to include any actual or potential benefits or advantages
that Commissioners, a spouse, family member or person living in their household might
directly or indirectly obtain from a planning decision.
4.
Abstain completely from direct or indirect participation as a decision maker in any matter in
which a Commissioner has a personal interest and seek the advice of Town counsel when
unsure if a personal interest exists, and not participate in any decision if advised by Town
counsel that such participation will violate any existing statute, rule or regulation.
5.
Publicly disclose at the hearing on the matter any ex parte communications with applicants,
other Commissioners, members of the public or lobbyists and state the nature of such ex
parte communications.
6.
Maintain an open mind, and base official decisions only on that evidence presented at the
hearing on the matter and not rely on any evidence obtained outside the public hearing.
7.
Seek no gifts or favors, nor offer any, under circumstances in which it might reasonably be
inferred that the gifts or favors were intended or expected to influence a participant's
objectivity as an advisor or decision maker in the planning process.
8.
Not use confidential information acquired in the course of a Commissioner's duties to further
a personal interest.
9.
Not misrepresent facts or distort information for the purpose of achieving a desired outcome.
10.
Not participate in any matter unless adequately prepared and sufficiently capacitated to
render thorough and diligent service.
G:\PLANCOMM\Miscellaneous\CODE OF ETHICS 2014.doc
RULES FOR ADDRESSING THE
WYTHEVILLE PLANNING COMMISSION
In an effort to assure that everyone who wants to speak to the Planning Commission is
heard, the following restrictions will be imposed:
1.
Comments will be limited to five (5) minutes.
2.
Anyone, whether speaking to the Planning Commission or not, may submit
additional information to the Commission in written form.
3.
Everyone's comments are important to the Planning Commission, and everyone
should respect each person's right to speak. To that extent, no clapping, booing,
whistling, etc. will be permitted during or after any speaker. Persons who do not
conform to this standard will be asked to leave the meeting.
4.
All speakers should make their comments relevant to the issue at hand. Redundant
and irrelevant remarks may be a cause for the Chairperson to so note this and ask
the speaker to yield the remaining portion of his/her time.
5.
It would be appreciated if speakers do not repeat remarks of other speakers.
G:\FORMSLET\RULES FOR ADDRESSING PLANNING COMMISSION.docx
AGENDA INFORMATION
OTHER BUSINESS
Item No. 2. Dispensing with December Meeting
It has been customary in the past to dispense with the meeting in December, due to the
Christmas holidays.
G:\PLANCOMM\AGENDA.INF\2014\AGENDA INFO 111314.doc
COUNCIL ACTION LETTER
Staff Assignments and Information
October 13, 2014
Number 381
STAFF ASSIGNMENTS
ACTIONS TAKEN OR DISCUSSED
1.
Approved the consent agenda consisting of the
minutes of the regular meeting of September
22, 2014; the request of the American Cancer
Society Relay for Life Teams for issuance of a
raffle permit for 2014; the request of the George
Wythe High School Department of Music to
conduct a 5K Run on Sunday, October 19,
2014, at 3:00 p.m.; the request of Downtown
Wytheville, Incorporated to conduct a 5K
"Zombie" Run on Saturday, October 25, 2014,
at 3:00p.m.; and, the request of the Community
Food Kitchen to conduct a 5K Run on Friday,
November 28, 2014, at 9:00a.m.
1.
Town Clerk- advise by letter
2.
Upon recommendation of the Budget and
Finance Committee, consensus of the Council
to deny the request made by the Genealogical
and Historical Association for the exemption
from real estate taxes.
2.
Town Manager- advise by letter
3.
Upon recommendation of the Public Works
Committee, adopted a resolution supporting an
application to the Virginia Department of
Transportation Revenue Sharing Program for
$1, 146,225.40 for improvements to East Main
Street and authorizing the Town Manager to
execute project agreements.
3.
Town Manager- submit application
COUNCIL ACTION LETTER
Staff Assignments and Information
Number 382
October 27, 2014
STAFF ASSIGNMENTS
ACTIONS TAKEN OR DISCUSSED
1.
Approved the consent agenda consisting of the
minutes of the regular meeting of October 13,
2014, and the request of the Fort Chiswell High
School After Prom for a special exception
facility use permit for their After Prom
Celebration to be held at the Recreation Center
on May 2 and 3, 2015.
1.
Town Clerk- advise by letter
2.
Approved the request of the Wythe County
Community Hospital Auxiliary for issuance of a
raffle permit for 2014.
2.
Town Clerk- advise by letter
3.
Upon recommendation of the Budget and
Finance Committee, adopted the Personal
Property Tax Relief Act percentage at 58.97
percent.
4.
Upon recommendation of the Budget and
Finance Committee, adopted a resolution
establishing the design and construction of the
remaining phases of the Heritage Walk Project.
4.
Town Clerk- forward to VDOT
5.
Upon recommendation of the Public Works
Committee, adopted a resolution regarding the
Smyth Wythe Airport Commission.
5.
Town Clerk- forward a copy to other
funding localities