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Home My WebLink About12/17/2019 - Regular MINUTES OF A REGULAR MEETING OF VINTON TOWN COUNCIL HELD AT 7:00 P.M. ON TUESDAY, DECEMBER 17, 2019, AT THE VINTON WAR MEMORIAL, 814 WASHINGTON AVENUE, VINTON, VIRGINIA MEMBERS PRESENT: Bradley E. Grose, Mayor Keith N. Liles, Vice Mayor Sabrina McCarty Janet Scheid Michael W. Stovall PLANNING COMMISSION MEMBERS PRESENT: Keith Liles, Chairman David R. Jones, Vice Chairman William E. Booth Robert W. Benninger STAFF PRESENT: Pete Peters, Assistant Town Manager/Di rector of Economic Development Susan N. Johnson, Executive Assistant/Town Clerk Mike Lockaby, Town Attorney Anne Cantrell, Finance Director/Treasurer Tom Foster, Police Chief Anita McMillan, Planning & Zoning Director Joey Hiner, Public Works Director Nathan McClung, Principal Planner The Mayor called the regular meeting to order at 7:00 p.m. The Town Clerk called the roll with Council Member McCarty, Council Member Scheid, Council Member Stovall, Vice Mayor Liles and Mayor Grose present. Anita McMillan, Planning & Zoning Director called the roll for the Planning Commission with Robert W. Benninger, William E. Booth, Vice Chairman David R. Jones and Chairman Keith N. Liles present. Roll call After a Moment of Silence, Vice Mayor Liles led the Pledge of Allegiance to the U.S. Flag. Under upcoming community events, Council Member McCarty announced the following: December 19 — 5:00-7:00 p.m. — Vinton Area Chamber of Commerce Holiday Open House — Charles Hill Community Center and the Illuminights at Explore Park will continue to the end of the year. Council Member McCarty also commented on the success of the Christmas parade. The next items on the agenda were two Joint Public Hearings with the Vinton Planning Commission. The first Public Hearing was to consider public comments regarding a Special Use Permit (SUP) Request of Bank of Botetourt for a Drive-Up/Drive-Thru Facility in Conjunction with their Proposed Bank Building, located at 410 S. Pollard Street, Tax Map Number 00.16-0 -01.00, Zoned CB Central Business District. The Mayor opened the Public Hearing at 7:06 p.m. Public Hearing Opened Nathan McClung commented Council was briefed on this request at their December 3, 2019 meeting and the Staff Report was the same. The Planning and Zoning Department finds that this use along with the drive-thru facility which constitutes the Special Use Permit request matches the character of the Central Business District in the Downtown. Mr. McClung next commented on the question that came up during the briefing with regard to the stacking spaces Staff did further research and found that our current Zoning Ordinance in general requires five stacking spaces. A standard parking space is 9 x 18 feet. The lot is approximately 130 feet in some areas and approximately 140-150 feet from where the ATM machine will be located out to the alley to Pollard Street; Without the site plan in front of him, Mr. McClung estimated that there was approximately 50-60 feet, which would allow three-four cars to stack. Pete Peters commented that the current site plan would allow for approximately three cards to stack between the ATM and the alley, but the Bank is still considering adjusting the ATM or drive-th'ru window closer to Cleveland and toward the corner of the Bank to accommodate more stacking within their property so as to not spill on the alley. Staff will continue to work with them and make sure that we get the maximum number possible. Council Member Scheid next commented that the Staff Report mentioned a discussion with the Petitioner about the condition of the alley and that they have indicated a willingness to upgrade the alley to accommodate the increased traffic. She would like to make that a condition that they update or improve the alley between Pollard and the Bank entrance. Mr. 2 McClung responded that a proffer cannot be offered off-site since any proffer would go along with the Special Use Permit and follows with the property. However, there is a letter of agreement between the Bank and the Town that that alley will be improved up to the point of use. Nearing no public comments, the Public Hearing was closed at 7:12 p.m; Public Hearing Closed Planning Commission Chairman Liles asked if there was a motion to make a recommendation to Council. Vice Chairman Jones made a motion to recommend that the proposed Ordinance be adopted approving the Special Use Permit; the motion was seconded by William Booth and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) — Benninger, Booth, Jones, Liles; Recommendation of Planning Commission Nays (0) —None: to approve the Special Use Permit Council Member Stovall made a motion to approve the Ordinance as presented; the motion was seconded by Council Member Scheid. Council Member Stovall commented that if we are going to require the Bank to maintain that portion of the alley that we might consider giving it to the Bank. Mike Perdue; owner of Perdue Custom Interiors; addressed Council and indicated that he has a loading dock that is accessed from the alley and he wanted to make sure that it never gets closed so he loses Adopted Ordinance No. 1009 approving a access to his dock. Special Use Permit (SUP) Request of Bank of Botetourt for a Drive-UpfDrive-Thru The motion was carried by the following vote, Facility in Conjunction with their Proposed with all members voting:: Vote 5-0; Yeas (5) Bank Building, located at 410 S. Pollard McCarty, Scheid, Stovall; Liles, Grose; Nays Street, Tax Map Number 60.1 -09-01.00, (0) — None. Zoned CB Central Business District The second' Joint Public Hearing with the Vinton Planning Commission was to consider public comments regarding a proposed Ordinance to amend Appendix B, Zoning, Article IV; District Regulations, Division 1, R=LD Residential Low Density District, Section 4-2 Division 2, R-1 Residential District, Section 4=7 Division 3, R-2 Residential District, Section 4 12; Division 4, R-3 Residential District; Section 4.17; Division 5, R-B Residential Business District; Section 4-23; Division 6, GB General Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1 Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District (MUD) District, Section 4- 86; Article V, Supplementary Regulations, Division 9, Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses, Features, Structures and Lots, Section 6-12; Article VII, Administration & Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code. The Mayor opened the Public Hearing at 7:16 p.m. Public Hearing Opened Anita McMillan commented that Council was briefed on the proposed Ordinance at their November 5, 2019 meeting. The current Zoning Ordinance has to be amended to meet the State and the Federal telecommunications requirements. On November 14, 2019, the Planning Commission held a Work Session and reviewed the proposed amendments to the Zoning Ordinance. At the briefing, Council Member Scheid requested that requirements about the removal of abandoned wireless facilities be added to the Ordinance, which has been added as Section 5-67. Hearing no public comments, the Public Hearing was closed at 7:19 p.m. Public Hearing Closed Planning Commission Chairman Liles asked if there was a motion to make a recommendation to Council. Bob Benninger made a motion to recommend that the Ordinance be adopted; the motion was seconded by William Booth and carried by the following roll call vote, with all members voting: Vote 4-0; Yeas (4) — Benninger, Booth, Jones, Liles; Nays (0) — Recommendation of Planning Commission None. to adopt the Ordinance Council Member Scheid commented that Adopted Ordinance No. 1010, as revised, to Section 5-67 needed to be changed to correct amend Appendix B, Zoning, Article IV, "county administrator" to "Town Manager" in District Regulations, Division 1, R-LD the last sentence. Council Member McCarty Residential Low Density District, Section 4- made a motion to approve the Ordinance, as 2; Division 2, R-1 Residential District, revised; the motion was seconded by Vice Section 4-7; Division 3, R-2 Residential Mayor Liles and carried by the following vote, District, Section 4-12; Division 4, R-3 with all members voting: Vote 5-0; Yeas (5) — Residential District; Section 4-17; Division McCarty, Scheid, Stovall, Liles, Grose; Nays 5, R-B Residential Business District, (0) — None. Section 4-23; Division 6, GB General 4 Business District, Section 4-29; Division 7, CB Central Business District, Section 4-34; Division 8, M-1 Limited Industrial District, Section 4-40; Division 14, Mixed Use Development District (MUD) District, Section 4-86; Article V, Supplementary Regulations, Division 9, Telecommunication Facilities, Sections 5-61 through 5-66; Article VI, Nonconforming Uses, Features, Structures and Lots, Section 6-12; Article VII, Administration & Enforcement, Division 3, Site Plan Review, Sections 7-17 through 7-22, Section 7-25 through 7-26 and Article X, Definitions, Section 10-2 of the Vinton Town Code The next item on the agenda was to consider adoption of an Ordinance to amend Chapter 82, Streets, Sidewalks, and Other Public Places, Article 1, In General, Sections 82-17 and 82-18, add a new Section 82-19 and add a new Article V, Mopeds, Bicycles and Electric Power-Assisted Bicycles, Scooters, and Skateboards to the Vinton Town Code. Nathan McClung commented that this Ordinance will enable the Town to have dockless mobility program and updates the Town Code regarding mopeds to meet the State Code requirements, There have been no changes to the Ordinance since Council was briefed at their December 3, 2019 meeting. Some changes have been made to the policy, which were highlighted on the policy that was a part of the agenda packager After further research, contact with other localities across the Commonwealth and considering our size, staff recommends that the annual permit fee be set at $1,000. The requirement was also added that all users must carry a government- issued photo ID when operating a device and if a scooter or bicycle is found improperly parked, it must be moved within two (2) hours upon notification to the company by the Town. After further comments regarding the Adopted Ordinance No. 1011 to amend requirement for the government ID, Vice Mayor Chapter 82, Streets, Sidewalks, and Other Liles made a motion to adopt the Ordinance as Public Places, Article 1, In General, presented; the motion was seconded by Sections 82-17 and 82-18, add a new Council Member Scheid and carried by the Section 82-19 and add a new Article V, following roll call vote, with all members voting: Mopeds, Bicycles and Electric Power- Vote 5-0; Yeas (5) — McCarty, Scheid, Stovall, Assisted Bicycles, Scooters, and Liles, Grose; Nays (0) —None. Skateboards to the Vinton Town Code 5 The next item on the agenda was to consider adoption of a Resolution declaring the Town of Vinton a Second Amendment Sanctuary Town. The Mayor referred to the Guidelines for Citizen Participation attached to the printed agenda and commented that all speakers would be called to the podium in groups of four and each speaker will be limited to three minutes; The Town Clerk next read the entire Resolution. Delegate Chris Head was the first speaker and he made comments in support of the Resolution. Following Delegate Head, Donny Doyle, Bill Kayser and Randall Horton, Kevin Spickard and Patrick Harper, all of Vinton and Jacob Cochrane, of Roanoke, all spoke in support of the Resolution. Council Member Scheid next read a prepared statement in opposition to the Resolution. Council Member Stovall made comments in support of the Resolution and then made a motion to adopt the Resolution as presented. Vice Mayor Liles made comments in support of the Resolution and then seconded the motion. Council Member McCarty and the Mayor both made comments in support of the Resolution. The motion was carried by the following roll call vote, with all members voting: Vote 4-1, Yeas Adopted Resolution No. 2335 declaring the (4) — McCarty, Stovall, Liles, Grose; Nays (1) — Town of Vinton a Second Amendment Scheid. Sanctuary Town The Mayor, Council Member McCarty, Council Member Stovall and Vice Mayor Liles expressed appreciation to those in attendance and wished everyone a Merry Christmas and a Happy New Year. Vice Mayor Liles made a motion to adjourn the meeting, the motion was seconded by Council Member McCarty and carried by the following vote, with all members voting: Vote 5 0; Yeas (5) — McCarty, Scheid, Stovall, Liles, Grose; Nays (0) None. The meeting was adjourned at :19 p.m. Meeting adjourned 6 APPROVED: Bradley E. Grose, Mayor ATTEST: Susan N.Johnson, CWC,Town Clerk 7